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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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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. 52 | Aug 19, 2019 | Paragraph | Surveillance of human rights defenders in many countries has been well documented. On these occasions, human rights defenders and political activists report having their phone calls and e-mails monitored, and their movements tracked. Journalists are also particularly vulnerable to becoming targets of communications surveillance because of their reliance on online communication. In order to receive and pursue information from confidential sources, including whistleblowers, journalists must be able to rely on the privacy, security and anonymity of their communications. An environment where surveillance is widespread, and unlimited by due process or judicial oversight, cannot sustain the presumption of protection of sources. Even a narrow, non-transparent, undocumented, executive use of surveillance may have a chilling effect without careful and public documentation of its use, and known checks and balances to prevent its misuse. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2013 | ||
The role of digital access providers 2017, para. 22 | Aug 19, 2019 | Paragraph | Direct access to Internet and telecommunications networks enables authorities to intercept and monitor communications with limited legal scrutiny or accountability. Technological advances have enhanced the ability of law enforcement and intelligence agencies to obtain a direct connection to networks without the involvement or knowledge of the network operator. During the 2014 general election in the former Yugoslav Republic of Macedonia, intelligence authorities allegedly obtained direct access to the country’s major telecommunications networks to intercept the communications of over 20,000 people, including politicians, activists, government officials and journalists. Many targets were also sent a transcript of their phone calls. In India, it appears that authorities are developing a Central Monitoring System programme that would enable “electronic provisioning of target numbers by government agency without any manual intervention from telecommunications service providers on a secure network.” These activities do not appear to be provided by law, lacking both judicial authorization and external oversight. Furthermore, the risks they pose to the security and integrity of network infrastructure raise proportionality concerns. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2017 | ||
Contemporary challenges to freedom of expression 2016, para. 31 | Aug 19, 2019 | Paragraph | Several States penalize sedition or treason in their laws, targeting critics. Malaysia, for instance, has continued to defend its ongoing prosecution of individuals on the basis of a law that criminalizes seditious words or tendencies, arguing that the law promotes "national harmony". In practice, however, dozens of individuals have been detained or subject to prosecution under the Sedition Act merely for expression critical of the Government. Swaziland detained activists on sedition charges following criticism of the monarchical system of government. India has pursued charges against individuals, including a folk singer accused of writing lyrics critical of local government, on the grounds of section 124 A of its Penal Code, which prohibits expression that may cause "hatred or contempt, or excites or attempts to excite disaffection" towards the Government. The Gambia has prosecuted a journalist on the grounds of "sedition" and the "publication of false news with intent to cause fear and alarm to the public" under Gambian law. Jordan has detained and prosecuted an academic for allegedly posting anti-Government comments on his Facebook page on the grounds of "undermining the political regime in the Kingdom". | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2016 | ||
Protection of journalists and press freedom 2010, para. 27 | Aug 19, 2019 | Paragraph | Although reporting from situations of armed conflict significantly increases the risks to their lives, more journalists are, in fact, killed in non-conflict situations than are killed during armed conflict. Indeed, the Special Rapporteur would like to underscore the fact that the majority of casualties are not international war correspondents, but local journalists working in their own countries, mostly in peacetime, covering local stories. As highlighted in the joint statement issued by the Special Rapporteur and the three regional rapporteurs on freedom of expression, the Special Rapporteur would like to reiterate that journalists reporting on social problems, including organized crime or drug trafficking, voicing criticism of Government or the powerful, or reporting on human rights violations or corruption are at particular risk. Another factor that often places journalists at risk is reporting on environmental matters, electoral processes, demonstrations or civil disorder. The Special Rapporteur also notes that in at least 4 of every 10 cases in which journalists were murdered, the victims had reported receiving threats before they were killed. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
The role of digital access providers 2017, para. 12 | Aug 19, 2019 | Paragraph | The failure to explain or acknowledge shutdowns creates the perception that they are designed to suppress reporting, criticism or dissent. Reports of repression and State-sanctioned violence in the wake of network disruptions have led to allegations that some States exploit the darkness to commit and cover up abuses. In Sudan, for example, Internet access was shut down for several hours during a deadly crackdown on demonstrators protesting fuel price hikes in September 2013. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2017 | ||
Contemporary challenges to freedom of expression 2016, para. 49 | Aug 19, 2019 | Paragraph | Government repression of artists of all sorts persists. For instance, the mandate holder has sent communications to the Islamic Republic of Iran pertaining to the detention of a graphic artist who made a drawing in protest against the banning of family planning, the detention and flogging sentence of human rights defenders for collections of poetry, the detention of two musicians and a film-maker for "propaganda against the State" and "insulting the sacred" through the production of underground music, and the detention of individuals for appearing in a video protesting a State ban on women watching sports in stadiums. The Egyptian Penal Code provides a basis for restricting artists in its article 98, which subjects to penalties "whoever exploits and uses the religion in advocating and propagating orally, in writing or by any other method, extremist thoughts with the aim of instigating sedition or division, or disdaining and contempting any of the heavenly religions or prejudicing national unity and social peace". Qatar detained a poet for criticizing the Amir of Qatar and praising the Tunisian revolution in poems. Saudi Arabia imposed the death sentence, later commuted, on a poet for apostasy. In Cuba, an artist was detained on the basis of a charge of intending to release two pigs named after Raul and Fidel Castro during an artistic demonstration. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2016 | ||
Contemporary challenges to freedom of expression 2016, para. 39 | Aug 19, 2019 | Paragraph | Perhaps most concerning is that Governments often fail to provide measures of protection and accountability that can deter attacks on journalists. The Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights presented alarming statistics involving killings, kidnappings and other forms of aggression against journalists in the Americas, with extremely limited accountability despite some efforts to create special mechanisms for the protection of journalists. Messages from the most senior leadership matter, as I have pointed out in the wake of threatening comments made by the leaders of Thailand and the Philippines. The widespread failure to hold perpetrators accountable for attacks on journalists suggests the absence of concern for the role that journalists play in democratic societies. My communications have highlighted reports and allegations of the failure of accountability in, among other places, South Sudan, where journalists have been killed and disappeared; Mexico, where journalists have been murdered and accountability is inconsistent; the Philippines, which after nearly seven years has not concluded its investigations and prosecutions against those responsible for the massacre of journalists in Maguindinao; and the Russian Federation, where there are multiple reports of journalists who have been murdered and the perpetrators not held to account. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2016 | ||
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 12 | Aug 19, 2019 | Paragraph | Encryption and anonymity, separately or together, create a zone of privacy to protect opinion and belief. For instance, they enable private communications and can shield an opinion from outside scrutiny, particularly important in hostile political, social, religious and legal environments. Where States impose unlawful censorship through filtering and other technologies, the use of encryption and anonymity may empower individuals to circumvent barriers and access information and ideas without the intrusion of authorities. Journalists, researchers, lawyers and civil society rely on encryption and anonymity to shield themselves (and their sources, clients and partners) from surveillance and harassment. The ability to search the web, develop ideas and communicate securely may be the only way in which many can explore basic aspects of identity, such as one's gender, religion, ethnicity, national origin or sexuality. Artists rely on encryption and anonymity to safeguard and protect their right to expression, especially in situations where it is not only the State creating limitations but also society that does not tolerate unconventional opinions or expression. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2015 | ||
Protection of journalists and media freedom 2012, para. 89 | Aug 19, 2019 | Paragraph | The Special Rapporteur remains concerned that laws purported to protect national security or to counter terrorism continue to be used against journalists who report on sensitive or critical matters of public interest, or to force journalists to reveal their sources of information. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 74 | Aug 19, 2019 | Paragraph | However, during the Special Rapporteur's mission to Mexico in 2010, reservations were expressed regarding the paucity of results achieved by the FEADLE and its tendency to decline competency over certain cases referred to its jurisdiction, due in part to the lack of will on the part of officials to take up cases and implement an adequate work programme, but also due to lack of autonomy and resources, and the fact that acts of violence against journalists are not prohibited under federal law. Although the Special Rapporteur welcomed the work plan which the FEADLE was implementing at the time of his mission to Mexico (A/HRC/17/27/Add.3), he emphasized the importance of immediately creating a national mechanism to protect journalists, designed and implemented through a high-level official and inter-institutional committee, led by a federal authority with the capacity to coordinate between diverse authorities, having its own sufficient resources, and with the participation of journalists and civil society organizations in its design, integration, functioning and evaluation. The Special Rapporteur underlines the importance of such institutions having sufficient autonomy and resources, as well as investigatory powers and the competency to make recommendations to the Government. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 73 | Aug 19, 2019 | Paragraph | In Mexico, reacting to the seriousness of the situation of journalists in the country, the Federal State established the Special Prosecutor's Office for Crimes against Freedom of Expression (FEADLE) within the Office of the Attorney General of the Republic (PGR). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 63 | Aug 19, 2019 | Paragraph | Additionally, the Special Rapporteur is deeply concerned by harassment of online journalists and bloggers, such as illegal hacking into their accounts, monitoring of their online activities, arbitrary arrests and detention, and the blocking of websites that contain information that are critical of authorities. Such actions constitute intimidation and censorship. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 59 | Aug 19, 2019 | Paragraph | States are also responsible for ensuring that legal measures, such as anti-terrorism or national security laws, are not used to limit freedom of expression by leading to the arrest and detention, or to fear of arrest and detention, among journalists. The issue of criminalization of freedom of expression, which has a direct impact on the ability of journalists to carry out their work, is further examined below. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 58 | Aug 19, 2019 | Paragraph | The Special Rapporteur would like to underscore that given that the causes of violence, as well as of impunity, vary in each context, strategies or protection mechanisms established to protect journalists must be tailored to local needs with context-specific consideration of the differing needs of journalists. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 52 | Aug 19, 2019 | Paragraph | Female journalists also face additional risks, such as sexual assault, mob-related sexual violence aimed against journalists covering public events, or sexual abuse in detention or captivity. Many of these attacks are not reported as a result of powerful cultural and professional stigmas. A gender-sensitive approach is therefore needed when considering measures to address the issue of violence against journalists. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 114 | Aug 19, 2019 | Paragraph | United Nations field presences should support States in implementing measures for the protection of journalists, as in the case of OHCHR in Colombia which offers support for the protection mechanisms in Colombia. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
Protection of journalists and media freedom 2012, para. 101 | Aug 19, 2019 | Paragraph | To combat impunity and to prevent human rights violations against journalists, States must take measures to facilitate awareness among the judiciary, journalists and civil society of the relevant international standards and show willingness to work towards the implementation of these standards. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2012 | ||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 35 | Aug 19, 2019 | Paragraph | One clear example of criminalizing legitimate expression is the imprisonment of bloggers around the world. According to Reporters without Borders, in 2010, 109 bloggers were in prison on charges related to the content of their online expression. Seventy-two individuals were imprisoned in China alone, followed by Viet Nam and Iran, with 17 and 13 persons respectively. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
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. 43 | Aug 19, 2019 | Paragraph | Similarly, the Human Rights Committee has asserted that article 19, paragraph 3, of the International Covenant on limitations "may never be invoked as a justification for the muzzling of any advocacy of multi-party democracy, democratic tenets and human rights. Nor, under any circumstance, can an attack on a person, because of the exercise of his or her freedom of opinion and expression, including such forms of attack as arbitrary arrest, torture, threats to life and killing, be compatible with article 19". The Committee has also noted that journalists and bloggers are frequently subjected to such threats, intimidation and attacks because of their activities, as are persons who engage in the gathering and analysis of information on the human rights situation and who publish human rights-related reports, including judges and lawyers. Indeed, the Special Rapporteur remains deeply concerned about such threats and attacks against, as well as killings and imprisonment, of bloggers, journalists and human rights defenders who rely upon the Internet to carry out their work. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 133 | Aug 19, 2019 | Paragraph | With regard to the alarming number of journalists who have been killed, kidnapped or threatened, States are reminded of their duty to investigate and prosecute those responsible for planning and perpetrating such acts in order to eliminate the culture of impunity that perpetuates violence. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 103 | Aug 19, 2019 | Paragraph | The Special Rapporteur urges States to take steps to prevent violence against journalists and to improve the protection afforded to them. Drafting and implementing handbooks, guides and protocols on protection would constitute a good practice to this end. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 96 | Aug 19, 2019 | Paragraph | Furthermore, kidnappings of journalists and other persons with links to the media are a continuing practice which, in 2009, forced around 157 journalists to seek exile in other countries. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 91 | Aug 19, 2019 | Paragraph | The Special Rapporteur calls on the Philippines, Somalia, Iraq, Pakistan, the Russian Federation and Mexico (the States accounting for the greatest number of journalists' deaths, in descending order) to adopt the measures necessary to guarantee the protection of journalists. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 90 | Aug 19, 2019 | Paragraph | According to the NGO Reporters Without Borders, in 2009 around 76 journalists were killed in the exercise of their profession. This figure represents an increase of at least 26 per cent over the 2008 level. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Protection of journalists and press freedom 2010, para. 98 | Aug 19, 2019 | Paragraph | The Special Rapporteur encourages non-governmental organizations and other organizations working on the issue of the protection of journalists to continue their efforts and to work jointly through a coordinated approach. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Protection of journalists and press freedom 2010, para. 96 | Aug 19, 2019 | Paragraph | The Special Rapporteur encourages journalists and citizen journalists, should they encounter any human rights violations as a result of their work, to document them and to submit complaints to him by e-mail, at urgent-action@ohchr.org. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Protection of journalists and press freedom 2010, para. 92 | Aug 19, 2019 | Paragraph | The Special Rapporteur also welcomes the initiatives taken by various stakeholders on the issue of the protection of journalists in armed conflict, including United Nations bodies and organizations such as the Security Council, the Human Rights Council and UNESCO. The Special Rapporteur encourages all relevant United Nations entities to coordinate their activities and responses. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Protection of journalists and press freedom 2010, para. 84 | Aug 19, 2019 | Paragraph | The Special Rapporteur calls upon all States to respect and implement their obligations under international human rights law and international humanitarian law, as well as existing norms and standards, to protect the rights of journalists and citizen journalists alike. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Protection of journalists and press freedom 2010, para. 83 | Aug 19, 2019 | Paragraph | The Special Rapporteur emphasizes that the problem with regard to continued and increasing violence against journalists, associated media personnel and citizen journalists is not lack of legal standards, but lack of implementation of existing norms and standards. The Special Rapporteur would thus like to make the following recommendations. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
Protection of journalists and press freedom 2010, para. 77 | Aug 19, 2019 | Paragraph | Citizen journalists can by no means replace professional journalists. However, the growing phenomenon of threats, attacks, arrests, arbitrary detention, surveillance and prosecution of citizen journalists must be recognized, and their rights protected in accordance with States' obligations under international human rights law. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 |