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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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Protection of journalists and press freedom 2010, para. 22 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 24 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 25 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 28 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 30 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 39 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 41 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 42 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 43 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 44 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 45 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 46 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 54 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 55 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 57 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 58 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 59 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 60 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 64 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 66 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 67 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 68 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 69 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 70 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 71 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 72 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 73 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 75 | Aug 19, 2019 | Paragraph | 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". | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 76 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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Protection of journalists and press freedom 2010, para. 79 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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