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Titre | Date ajouter | Modèle | Document | Paragraph text | Organe | Type de document | Thematics | Thèmes | Personnes concernées | Année |
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The right to access information 2013, para. 33 | 19 août 2019 | Paragraph | The set of principles for the protection and promotion of human rights through action to combat impunity, as updated in 2005 by the independent expert appointed for that purpose (A/CN.4/2005/102/Add.1), also spells out the obligations of States to inform society of what has happened and recognizes the inalienable right of every people to know the truth (principle 2), emphasizing also the preservation and facilitation of access to archives (principles 14 and 15). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2013 | |||
Protection of journalists and media freedom 2012, para. 53 | 19 août 2019 | Paragraph | Another threat to the freedom of journalists and to press freedom is the increasing use of criminal law on defamation, slander or libel by public officials to silence criticism regarding their personal activities or public policies. The mere use of such "judicial harassment" generates a climate of fear and a "chilling effect" which encourages self-censorship. This issue is further explored under section D below on criminalization of expression. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
Protection of journalists and press freedom 2010, para. 50 | 19 août 2019 | Paragraph | During times of conflict, journalists are at a heightened risk of being subjected to arbitrary detention and internment for alleged security reasons. In an international armed conflict, war correspondents, or representatives of the media who are accredited to, and accompany, the armed forces without being members thereof, are entitled to the status and treatment of a prisoner-of-war in case of capture. This is by virtue of the fact that they are formally authorized to accompany the armed forces and aim to keep the closest possible contact with the armed forces and thus inevitably share the fate of the armed forces. Hence, war correspondents benefit from all the protections of the Third Geneva Convention as supplemented by Additional Protocol I and customary international law. All other journalists who fall into the hands of a party to an international armed conflict benefit at least from the protections granted in article 75 of Additional Protocol I, which includes, inter alia, prohibition of violence to life, health or physical or mental well-being, humiliating and degrading treatment, and taking of hostages. They are also entitled to fair trial guarantees in the case of detention for penal offences. In addition, journalists in the hands of a party to the conflict or occupying power of which they are not nationals benefit from the protections granted by the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Protection of journalists and media freedom 2012, para. 76 | 19 août 2019 | Paragraph | Although the above examples of challenges and good practices relating to the protection of journalists in situations of widespread violence or impunity have been drawn from Latin America, this is not the only region in which these issues are a concern. The Special Rapporteur has sent communications to several countries regarding issues such as impunity, journalists reporting on violence and organized crime, as outlined in chapters II and III above. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
The right to freedom of opinion and expression in electoral contexts 2014, para. 38 | 19 août 2019 | Paragraph | Restrictions on political expression take a variety of forms - from defamation and slander laws, to blanket bans on critical expression relating to incumbent politicians, to the prohibition of whole media sources, outlets and websites - and impact not only the individuals or groups which might run afoul of them, but the media outlets or intermediaries that publish restricted, or what is considered to be illegal, political expression. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2014 | |||
Protection of journalists and press freedom 2010, para. 48 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 66 | 19 août 2019 | Paragraph | 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". | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Hate speech and incitement to hatred 2012, para. 55 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
Protection of journalists and media freedom 2012, para. 83 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
The right to access information 2013, para. 38 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2013 | |||
Protection of journalists and media freedom 2012, para. 90 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
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. 36 | 19 août 2019 | Paragraph | States can track the movements of specific mobile phones, identify all individuals with a mobile phone within a designated area, and intercept calls and text messages, through various methods. Some States use off-the-air mobile monitoring devices called International Mobile Subscriber Identity (IMSI) catchers, which can be installed in a location temporarily (such as at a protest or march) or permanently (such as at an airport or other border crossings). These catchers imitate a mobile phone tower by sending and responding to mobile phone signals in order to extract the unique subscriber identification module (SIM) card number of all mobile phones within a certain territory. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2013 | |||
Freedom of expression, States and the private sector in the digital age 2016, para. 17 | 19 août 2019 | Paragraph | Hardware firms design and manufacture the computer devices that connect individuals to the Internet. The range of devices equipped with personal computing functions is, however, ever-expanding and impossible to cap, given the avalanche of connectedness widely described as the "Internet of things", in which digital connection is enabled for all aspects of contemporary existence. Automobiles, refrigerators, televisions and watches are just a few examples of "smart" devices that today incorporate browser, messaging and other Internet-related functions. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2016 | |||
Hate speech and incitement to hatred 2012, para. 81 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
Access to information in international organizations 2017, para. 4 | 19 août 2019 | Paragraph | There is evidently no formal process according to which a member of the public, let alone a special rapporteur, may seek such information from the United Nations. As a result, even if an intergovernmental organization has a good case for non-disclosure in a particular situation, that argument is not tested (see ST/SGB/2007/6). To address this point one must ask how are institutional decisions and analyses, and decision makers, to be put to the test when such information is so difficult to obtain? Instead of a formal process that would enable the submission of requests for information, public knowledge of the policies and actions of the United Nations and of other intergovernmental organizations is limited to only what those bodies choose to publish, while external evaluation typically depends on the efforts of journalists or researchers who develop access within such organizations. Within the United Nations, and most intergovernmental organizations, there appears to be no obligation on the part of any official source to provide reasons for refusing to disclose information. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2017 | |||
The role of digital access providers 2017, para. 13 | 19 août 2019 | Paragraph | Observers have also noted the growing use of shutdowns to prevent cheating by students during national exams. Uzbekistan may have been the first to invoke this justification during university entrance exams in 2014. In 2016, authorities allegedly ordered shutdowns during exams in India, Algeria, Ethiopia and Iraq. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2017 | |||
Protection of journalists and press freedom 2010, para. 49 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Protection of journalists and press freedom 2010, para. 62 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Protection of journalists and press freedom 2010, para. 51 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
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 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2011 | |||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 51 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2011 | |||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 65 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2011 | |||
Hate speech and incitement to hatred 2012, para. 28 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report | 2012 | ||||
The protection of sources and whistle-blowers 2015, para. 17 | 19 août 2019 | Paragraph | 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). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2015 | |||
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 37 | 19 août 2019 | Paragraph | It also bears noting that the United Nations itself has not provided strong communication security tools to its staff or to those who would visit United Nations websites, making it difficult for those under threat to securely reach the United Nations, human rights mechanisms online. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2015 | |||
Protection of journalists and press freedom 2010, para. 47 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Hate speech and incitement to hatred 2012, para. 50d | 19 août 2019 | Paragraph | [In any case, the Special Rapporteur reiterates that all hate speech laws should, at the very least, conform to the following elements outlined in the 2001 joint statement on racism and the media:] No one should be subject to prior censorship; | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
Hate speech and incitement to hatred 2012, para. 29 | 19 août 2019 | Paragraph | In the Americas, there have been instances of incitement to racial and religious hatred and manifestations of religious intolerance. For example, in the Bolivarian Republic of Venezuela, there has been violence against members of the Catholic and Jewish communities, while in the United States, there have been instances of religious hatred or intolerance towards Islam, including plans by members of a Floridian church, the Dove World Outreach Center, to burn copies of the Koran. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2012 | |||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 70 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2011 | |||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 33 | 19 août 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2011 |