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Protection of journalists and press freedom 2010, para. 56
- Paragraph text
- Like the former Commission on Human Rights, the Human Rights Council has regularly expressed concern regarding attacks against journalists in resolutions on freedom of expression, including the most recent resolution on the issue, adopted in October 2009 (Council resolution 12/16), in which the Council expressed its continuing concern that threats and acts of violence, including killings, attacks and terrorist acts, particularly directed against journalists and other media workers in situations of armed conflict, have increased and are not adequately punished, in particular in those circumstances where public authorities are involved in committing those acts. The Council called upon States to ensure that victims of such violations have an effective remedy, to investigate effectively threats and acts of violence, including terrorist acts, against journalists, including in situations of armed conflict, and to bring to justice those responsible in order to combat impunity. It also called on all parties to armed conflict to respect international humanitarian law, and to allow, within the framework of applicable rules and procedures, media access and coverage, as appropriate, in situations of international and non international armed conflict.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 53
- Paragraph text
- Hence, as civilians, all journalists, whether accredited to or embedded with the forces involved, attached to adversary forces or operating unilaterally, are provided with comprehensive protection under international humanitarian law during armed conflict, provided they do not directly participate in hostilities. The Special Rapporteur would like to discourage the granting of special protection or special status to journalists under international law, as this would necessitate the formulation of a precise definition of journalists as a protected category and the clearer identification of journalists in armed conflict, both of which could potentially lead to significantly decreased protection for journalists. The former might require journalists to be duly accredited and recognized by some public authority, thus increasing interference by the State, and the latter might place journalists in further danger, since many are targeted precisely because they are journalists, as explained above. Thus, the Special Rapporteur firmly believes that existing standards are sufficient, but that respect for and the implementation of such standards must be strengthened.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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. 13
- Paragraph text
- Anyone with access to the Internet can now potentially disseminate information to a global audience. In situations where journalists have limited access, for example during times of humanitarian crises or natural disasters, images recorded on mobile phones or messages posted online by bloggers and social networking sites have played a key role in keeping the international community informed of the situation on the ground. Indeed, with the increased use of Web 2.0 platforms, information is no longer an exclusive preserve of professional journalists, since a far wider range of people take part in gathering, filtering and distributing news. "Crowdsourcing" is one example which exemplifies such a trend. At the same time, traditional communications media, such as television, radio and newspaper, can also use the Internet to expand their audiences at nominal cost. While the increasing relevance and reliance on amateur videos and first-hand account of events posted on the Internet have had a profound effect on the news industry, professional journalists continue to play an indispensable role in researching, organizing and providing analysis and context to news events. The Internet should thus be seen as a complementary medium to mass media that has been based on a one-way transmission of 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)
- Humanitarian
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 99
- Paragraph text
- In the aforementioned resolution, the Security Council also urges all parties involved in situations of conflict to respect the professional independence and rights of journalists, media professionals and associated personnel as civilians.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 97
- Paragraph text
- The Special Rapporteur must also draw attention to the serious risk that exercising freedom of the press in a professional, objective and pluralistic manner constitutes in areas of conflict, where journalists have come to be seen by the parties to the conflict as just another target.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 32
- Paragraph text
- While the provisions under international humanitarian law are not applicable in situations of internal unrest accompanied by violence below the level of that which characterizes an armed conflict, journalists are afforded protection under international human rights law.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 50
- Paragraph text
- 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).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 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
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 16
- Paragraph text
- Shutdowns also affect areas beyond those of specific concern. In the lead up to the 2015 National Day Parade in Pakistan, mobile communications networks were allegedly cut off at the parade site as well as in surrounding areas that were not expected to experience any potential security threat. During the Pope’s visit to the Philippines in 2015, the shutdown of mobile networks for safety reasons affected areas well beyond the travel route. When specific services or platforms are disrupted, governments typically target those that are the most efficient, secure or widely used.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 40
- Paragraph text
- Moreover, in situations where journalists find themselves in the territory of another State, the host State is also obliged to respect, protect and fulfil their rights, including their right to freedom of opinion and expression. This obligation also applies to an occupying power in situations of occupation, as well as forces of a State party acting outside its territory, such as forces constituting a national contingent of a State party assigned to an international peacekeeping or peace enforcement operation.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 14
- Paragraph text
- Network shutdowns invariably fail to meet the standard of necessity. Necessity requires a showing that shutdowns would achieve their stated purpose, which in fact they often jeopardize. Some governments argue that it is important to ban the spread of news about terrorist attacks, even accurate reporting, in order to prevent panic and copycat actions. Yet it has been found that maintaining network connectivity may mitigate public safety concerns and help restore public order. During public disturbances in London in 2011, for example, authorities used social media networks to identify perpetrators, disseminate accurate information and conduct clean-up operations. In Kashmir, police have reported on the positive role of mobile phones in locating people trapped during terrorist attacks.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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. 39
- Paragraph text
- In many States, mandatory data retention is facilitating massive collection of communications data that can later be filtered and analysed. Technologies enable the State to scan phone calls and text messages to identify the use of certain words, voices or phrases, or filter Internet activity to determine when an individual visits certain websites or accesses particular online resources. "Black boxes" can be designed to inspect the data flowing through the Internet in order to filter through and deconstruct all information about online activity. This method, called "deep-packet inspection", allows the State to go beyond gaining simple knowledge about the sites that individuals visit, and instead analyse the content of websites visited. Deep-packed inspection, for example, has been reportedly employed by States confronted with recent popular uprisings in the Middle East and North Africa region.
- 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
- 2013
- Date added
- Aug 19, 2019
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. 37
- Paragraph text
- States are also increasingly acquiring software that can be used to infiltrate an individual's computer, mobile phone or other digital device. Offensive intrusion software, including so-called "Trojans" (also known as spyware or malware), can be used to turn on the microphone or camera of a device, to track the activity conducted on the device, and to access, alter or delete any information stored on the device. Such software enables a State to have complete control of the device infiltrated, and is virtually undetectable.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2013
- Date added
- Aug 19, 2019
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. 36
- Paragraph text
- 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.
- 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
- 2013
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 61
- Paragraph text
- Most of the offline media have developed an online alternative, and given that the Internet has become an essential and economic medium for disseminating news to a global audience, leading to an emergence of "online journalists" - both professionals and so-called "citizen journalists" who are untrained, but who play an increasingly important role by documenting and disseminating news as they unfold on the ground. Such an expansion of individuals involved in spreading information has enriched the media landscape by increasing access to sources of information, stimulating informed analysis and promoting the expression of diverse opinions, particularly in moments of crises.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 70
- Paragraph text
- While the swiftly evolving electronic media landscape has led to a dramatic increase in the volume of information available, the quality of information has not always kept pace. An objective, ethical and informative media therefore remains essential to informing society about contentious societal issues in a balanced manner and to preventing individuals from falling prey to promises of easy solutions and extremist rhetoric. Caution exercised by the media is also essential to preventing the drawing of any unnecessary attention to acts of an extremist individual that can spark violence. For example, when an obscure pastor in the United States threatened to burn the Koran in September 2010, the media played a negative role in unnecessarily drawing attention to the story. Had greater care been taken in reporting on the incident, some of the violence that ensued might have been averted.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 51
- Paragraph text
- Cyber-attacks, or attempts to undermine or compromise the function of a computer-based system, include measures such as hacking into accounts or computer networks, and often take the form of distributed denial of service (DDoS) attacks. During such attacks, a group of computers is used to inundate a web server where the targeted website is hosted with requests, and as a result, the targeted website crashes and becomes inaccessible for a certain period of time. As with timed blocking, such attacks are sometimes undertaken during key political moments. The Special Rapporteur also notes that websites of human rights organizations and dissidents are frequently and increasingly becoming targets of DDoS attacks, some of which are included in the first addendum to this report.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 62
- Paragraph text
- In times of armed conflict, internal disturbance or natural disaster, ordinary citizens may become engaged in reporting activities. Such persons are usually referred to as "citizen journalists". While there is no universal definition of citizen journalism as such, the concept is usually understood as independent reporting, often by amateurs on the scene of an event, which is disseminated globally through modern media, most often the Internet (for example, through photo- or video-sharing sites, blogs, microblogs, online forums, message boards, social networks, podcasts, and so forth). New technologies have provided unprecedented access to means of global communication, and have therefore introduced new means of reporting on news and events around the world.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 52
- Paragraph text
- The Special Rapporteur would like to highlight the fact that, in addition to being afforded protection under international humanitarian law as civilians, journalists and other media professionals are protected under international human rights law even during armed conflict. Indeed, as emphasized by, inter alia, the Human Rights Committee, in situations of armed conflict, international humanitarian law and international human rights law are not mutually exclusive, but complementary. As such the obligation of States to respect, protect and fulfil the right of all individuals to freedom of expression, as well as their right to life, liberty and security (see section III.B above), continue to apply during armed conflict alongside international humanitarian law.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 51
- Paragraph text
- In the case of non-international armed conflicts, there is no distinction between war correspondents and other journalists under international humanitarian law, and the protection for all journalists emanates from common article 3 of the Geneva Conventions and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). This includes, for example, protection from violence to life, health and physical or mental well-being, including torture, hostage-taking, humiliating and degrading treatment, as well as threats to commit such acts. They are also entitled to fair trial guarantees (articles 4, 5, 6 of Additional Protocol II). The Special Rapporteur would like to emphasize that violations of most of these provisions are punishable as war crimes.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 49
- Paragraph text
- Most important, as civilians, journalists are protected against direct attacks unless and for such time as they take direct part in hostilities. Violations of this rule constitute a grave breach of the Geneva Conventions and Additional Protocol I, and an intentional attack against a civilian also amounts to a war crime under the Rome Statute of the International Criminal Court, in both international and non international armed conflicts. With regard to acts amounting to direct participation in hostilities, the Special Rapporteur would like to stress that, as clarified by the International Committee of the Red Cross (ICRC), three cumulative requirements must be met: (a) the act must be likely to adversely affect the military operations or military capacity of a party to an armed conflict or, alternatively, to inflict death, injury or destruction on persons or objects protected against direct attack (threshold of harm); (b) there must be a direct causal link between the act and the harm likely to result either from that act or from a coordinated military operation of which the act constitutes an integral part (direct causation); and (c) the act must be specifically designed to directly cause the required threshold of harm in support of a party to the conflict and to the detriment of another (belligerent nexus). Hence, journalists performing tasks in the conduct of their profession, such as recording videos, taking photographs or recording information solely for the purpose of informing the public, are not considered as direct participants in hostilities, and thus do not lose their protection as civilians under international humanitarian law.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 48
- Paragraph text
- International humanitarian law protects journalists and other media professionals in times of armed conflict. In an international armed conflict, a journalist is entitled to all rights and protection granted to civilians, as stipulated in article 79 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I). The same protection also applies to non-international armed conflicts during which journalists are considered to be civilians by virtue of customary international law. Hence, although there are only two explicit references to media personnel under international humanitarian law (article 79 of Additional Protocol I, regarding journalists engaged in dangerous professional missions in areas of armed conflict, and article 4A(4) of the Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention), regarding, inter alia, war correspondents), all provisions related to the protection of civilians in the four Geneva Conventions and the Additional Protocols thereto are applicable to journalists.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
26 shown of 26 entities