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Protection of journalists and press freedom 2010, para. 88
- Paragraph text
- Given that in at least 4 of every 10 cases involving the murder of journalists, the victims receive threats before being killed, the Special Rapporteur urges all Governments to investigate such threats and ensure effective protection, for example through witness protection programmes. In this regard, the Special Rapporteur notes that detailed guidelines and recommendations have been set out in the report of the Special Rapporteur on extrajudicial, summary and arbitrary executions (see A/63/313), the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth (A/HRC/12/19 and A/HRC/15/33) and the analytical study on human rights and transitional justice (A/HRC/12/18).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to access information 2013, para. 107
- Paragraph text
- Government officials who release confidential information concerning violations of the law, wrongdoing by public bodies, grave cases of corruption, a serious threat to health, safety or the environment, or a violation of human rights or humanitarian law (i.e. whistle-blowers) should, if they act in good faith, be protected against legal, administrative or employment-related sanctions. Other individuals, including journalists, other media personnel and civil society representatives, who receive, possess or disseminate classified information because they believe that it is in the public interest, should not be subject to liability unless they place persons in an imminent situation of serious harm.
- 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
- Governance & Rule of Law
- Health
- Humanitarian
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and media freedom 2012, para. 109
- Paragraph text
- Journalists working both offline and online should be free to use diverse sources of information, including from those who do not wish to be identified. Journalists should never be forced to reveal their sources except for certain exceptional cases where the interests of investigating a serious crime or protecting the life of other individuals prevail over the possible risk to the source. Such pressing needs must be clearly demonstrated and ordered by an independent court.
- 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
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
The protection of sources and whistle-blowers 2015, para. 68
- Paragraph text
- State entities should also support civil society organizations that are expert in the areas of access to information, protection of journalists and their sources, and whistle-blower promotion and protection. Many such organizations may offer technical advice and training. States should ensure that civil society can participate fully in all efforts to adopt or revise source and whistle-blower laws, regulations and 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)
- Governance & Rule of Law
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The protection of sources and whistle-blowers 2015, para. 66
- Paragraph text
- Acts of reprisals and other attacks against whistle-blowers and the disclosure of confidential sources must be thoroughly investigated and those responsible for those acts held accountable. When the attacks are condoned or perpetrated by authorities in leadership positions they consolidate a culture of silence, secrecy and fear within institutions and beyond, deterring future disclosures. Leaders at all levels in institutions should promote whistle-blowing and be seen to support whistle-blowers, and particular attention should be paid to the ways in which authorities in leadership positions encourage retaliation, tacitly or expressly, against whistle-blowers.
- 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
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 89
- Paragraph text
- Individuals should be free to use whatever technology they choose to secure their communications. States should not interfere with the use of encryption technologies, nor compel the provision of encryption keys.
- 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
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and press freedom 2010, para. 86
- Paragraph text
- In order to combat impunity, the Special Rapporteur calls upon States to ensure that the domestic criminal justice system functions effectively and efficiently at all stages, from investigation, prosecution and trial to the enforcement of judgements. It is the view of the Special Rapporteur that putting an end to impunity is one of the most effective ways to guarantee the protection of journalists and press freedom in the long term.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and press freedom 2010, para. 97
- Paragraph text
- News organizations also have a responsibility to ensure that journalists and associated media personnel are provided with proper safety training and equipment in peacetime and in conflict so that they are prepared to confront the risks inherent in war zones, and to provide confidential professional counselling to journalists and media personnel who have experienced trauma and other forms of extreme stress in the course of their duties.
- 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
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and media freedom 2012, para. 117
- Paragraph text
- The Special Rapporteur welcomes the support for freedom of expression and the protection of journalists in different regional mechanisms, as well as measures taken, such as the establishment of Special Rapporteurs. In cases where regional actors have not yet set standards for the protection of journalists, the Special Rapporteur encourages them to do so in consonance with those already existing at the international level.
- 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
- Paragraph type
- Conclusion / Recommendation
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
- Paragraph type
- Conclusion / Recommendation
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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred 2012, para. 81
- Paragraph text
- When hate is expressed by politicians and public authorities, additional sanctions should be imposed, as recognized in article 4 (c) of the Convention. Such sanctions could include those of a disciplinary nature, such as removal from office, in addition to effective remedies for victims.
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 83c
- Paragraph text
- [Accountability mechanisms are a crucial means of ensuring that regulatory frameworks are enforced and abuses of power are rectified. Impunity is a root cause of the lack of safety faced by journalists. In the context of promoting free expression during electoral processes, States should:] Call on journalists and the media to seek the highest standards of professionalism and ethics through the promotion of self-regulation.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 76
- Paragraph text
- During electoral processes, States must ensure that the right to freedom of expression is guaranteed to political candidates and their supporters, opposition groups, political lobbies and the whole spectrum of media actors, from news media to bloggers, commentators and analysts. Political communications must be unhindered by restrictions that hamper the fluid exchange of opinions, whether such restrictions come in the form of explicit prohibitions of certain political positions, or limitations that indirectly "chill" the expression of the opinions of political groups, such as controls of media content or on public demonstrations. At the same time, the absence of a regulatory framework to control political financing and spending, or to ensure accountability and redress for rights violations, also undermines the ability of voters, political groups and the media to exercise the right to freedom of expression during electoral processes.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and media freedom 2012, para. 112
- Paragraph text
- Civil society associations, including journalists, should engage actively with Government initiatives to establish protection mechanisms.
- 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and media freedom 2012, para. 107
- Paragraph text
- Journalists should not be held accountable for receiving, storing and disseminating classified data which they have obtained in a way that is not illegal, including leaks and information received from unidentified sources.
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and media freedom 2012, para. 95
- Paragraph text
- The presence of such risks deters journalists from continuing their work, or encourages self-censorship on sensitive matters. Consequently, society as a whole may not be able to access important 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
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and press freedom 2010, para. 91
- Paragraph text
- The Special Rapporteur encourages the Security Council to continue to give priority to the issue of the protection of journalists in armed conflict, including by integrating the issue into the mandate of peacekeeping operations and other missions, as appropriate, in accordance with Security Council resolution 1738 (2006) and the aide-memoire (see S/PRST/2009/1).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
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
- Paragraph type
- Conclusion / Recommendation
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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 83a
- Paragraph text
- [Accountability mechanisms are a crucial means of ensuring that regulatory frameworks are enforced and abuses of power are rectified. Impunity is a root cause of the lack of safety faced by journalists. In the context of promoting free expression during electoral processes, States should:] Ensure that electoral authorities or independent oversight bodies are given sufficient financial and human resources, and enforcement powers to carry out their duties effectively, making all political entities accountable for irregularities, including all forms of abuse of political and economic powers;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of journalists and press freedom 2010, para. 93
- Paragraph text
- For States emerging from conflict situations, United Nations entities should consider providing assistance to States to establish robust democratic institutions and effective judicial and administrative mechanisms which would enhance their ability to protect and guarantee the rights of all individuals, including journalists, and to create favourable conditions to promote and protect 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)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 117
- Paragraph text
- The Special Rapporteur expresses concern about the violence to which journalists and media professionals continue to fall victim.
- 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
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 60
- Paragraph text
- States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. In addition, States should refrain from making the identification of users a condition for access to digital communications and online services and requiring SIM card registration for mobile users. Corporate actors should likewise consider their own policies that restrict encryption and anonymity (including through the use of pseudonyms). Court-ordered decryption, subject to domestic and international law, may only be permissible when it results from transparent and publicly accessible laws applied solely on a targeted, case-by-case basis to individuals (i.e., not to a mass of people) and subject to judicial warrant and the protection of due process rights 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)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
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
- Paragraph type
- Other
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
- Paragraph type
- Other
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
- Paragraph type
- Other
Paragraph
The protection of sources and whistle-blowers 2015, para. 17
- Paragraph text
- Confidential sources rely on others to invoke the right to confidentiality on their behalf. Historically, States have enabled a professional class of journalists to invoke the right, but the revolution in the media and in information over the past 20 years demands reconsideration of such limitations. Article 19, which protects freedom of expression through any media, requires that States take into account a contemporary environment that has expanded well beyond traditional print and broadcast media. The protection available to sources should be based on the function of collection and dissemination and not merely the specific profession of "journalist". The practice of journalism is carried out by "professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the Internet or elsewhere" (Human Rights Committee, general comment No. 34, para. 44).
- 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
- 2015
- Paragraph type
- Other
Paragraph
Protection of journalists and press freedom 2010, para. 47
- Paragraph text
- However, the Special Rapporteur would like to emphasize that, despite the changing nature of armed conflicts today, there are sufficient protection guarantees for journalists under existing legal standards, as outlined below.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Paragraph type
- Other
Paragraph