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Access to information in international organizations 2017, para. 62b
- Paragraph text
- [Member States should:] Participate actively in the development of policies that advance everyone’s right to freedom 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 56
- Paragraph text
- International organizations must open themselves up to greater public scrutiny and participation if they are to thrive. Their leaders seem to recognize this, as is evident in their extensive websites, professional (if underresourced) communications offices and the public presence of a great number of officials of intergovernmental organizations in social, broadcast and print media. However, apart from a handful of exceptions noted herein, this recognition on their part does not generally lead to policies that promote and regularize the exercise of the right to information. Why this is so is not difficult to understand: with perhaps the exception of the work of the Security Council and the Secretary-General, and high-level ministerial meetings of Heads of State and Government, intergovernmental organizations generally conduct their day-to-day operations far from the media’s gaze, a situation that changes only in the event of scandal or abuse. The absence of that gaze, and the haze generated by large and difficult to penetrate bureaucracies, means that officials generally do not feel the pressure to release information. This, however, is a mistake.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 102
- Paragraph text
- The effectiveness of national legislation on the right to information depends on the establishment and implementation of procedures that ensure that access is rapid, inexpensive and not unduly burdensome.
- 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 101
- Paragraph text
- National laws should establish the right to lodge complaints or appeals to independent bodies in cases in which requests for information have not been dealt with properly or have been refused.
- 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 62c
- Paragraph text
- [Member States should:] Focus on ensuring the broadest possible access to information, only seeking to protect from disclosure State-generated information that could be withheld under international human rights law, in particular article 19 (3) of the International Covenant on Civil and Political Rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 80
- Paragraph text
- The protective role that States may exercise over the private sector can only go so far. They should not be promoting the economic gain of private entities over users’ rights to freedom of opinion and expression. Thus, States should prohibit attempts to assign priority to certain types of Internet content or applications over others for payment or other commercial benefits.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- 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. 93
- Paragraph text
- States should establish independent oversight mechanisms capable to ensure transparency and accountability of State surveillance of communications.
- 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
- Person(s) affected
- All
- 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. 90
- Paragraph text
- States should not retain or require the retention of particular information purely for surveillance purposes.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 105
- Paragraph text
- Public bodies and officials who wilfully obstruct access to information must be held accountable and, when appropriate, sanctioned. The quality of the responses of public bodies to information requests should be monitored periodically.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 98
- Paragraph text
- The adoption of a national normative framework that objectively establishes the right to access information held by public bodies in the broadest possible terms is crucial to give effect, at the national level, to the right to access information. Legislation should be grounded by the principle of maximum disclosure.
- 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 87
- Paragraph text
- Notwithstanding the different historical processes that marked the development of the right to truth and the right to access information, the right to truth should be understood as directly connected to the right to access information, as established by the right to freedom of opinion and 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 91
- Paragraph text
- Given that the promotion, protection and guarantee of human rights and fundamental freedoms are the ultimate responsibility of any State, there is a greater responsibility in the disclosure of information held by public bodies concerning human rights violations, as identified in the jurisprudence relating to the right to truth.
- 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and media freedom 2012, para. 108
- Paragraph text
- Governments should only classify those data which are proven to cause direct harm to national security and other vital interests of the State. Classified data should be subject to regular review and be declassified if confidentiality is no longer necessary. Clear classification criteria and a register of classified information should be established by law and published.
- 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
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 89
- Paragraph text
- The Special Rapporteur urges States to promote pluralism and diversity of views and opinions in the media by encouraging diversity of ownership of media and of sources of information, including through transparent licensing systems and effective regulations to prevent undue concentration of media ownership in the private sector.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 69
- Paragraph text
- The Special Rapporteur is cognizant of the fact that, like all technological inventions, the Internet can be misused to cause harm to others. As with offline content, when a restriction is imposed as an exceptional measure on online content, it must pass a three-part, cumulative test: (1) it must be provided by law, which is clear and accessible to everyone (principles of predictability and transparency); (2) it must pursue one of the purposes set out in article 19, paragraph 3, of the International Covenant on Civil and Political Rights , namely: (i) to protect the rights or reputations of others; (ii) to protect national security or public order, or public health or morals (principle of legitimacy); and (3) it must be proven as necessary and the least restrictive means required to achieve the purported aim (principles of necessity and proportionality). In addition, any legislation restricting the right to freedom of expression must be applied by a body which is independent of any political, commercial, or other unwarranted influences in a manner that is neither arbitrary nor discriminatory. There should also be adequate safeguards against abuse, including the possibility of challenge and remedy against its abusive application.
- 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
- Health
- Person(s) affected
- All
- 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. 120
- Paragraph text
- States should refrain from criminalizing any manifestation of the freedom of expression as a means of limiting or censoring that freedom. Accordingly, any measure of this kind should be abolished, except for the permissible and legitimate restrictions established in 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)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 58
- Paragraph text
- A common thread ties together the right of access to information, the protection of sources of information and the protection of whistle-blowers: the public's right to know. Human rights law protects the right to seek, receive and impart information and ideas of all kinds, while also permitting restrictions of the right on narrow, specified grounds. When the right and the restriction clash, as they are often purported to do, Governments and international organizations should not adopt laws and policies that default in favour of the restrictions. Rather, laws should favour disclosures of information in the public interest. In cases of source and whistle-blower disclosures, public institutions have most of the power - the power to intimidate, to investigate, to prosecute. They also have greater access to information and, thus, the ability to make their case, while the source or whistle-blower typically has only a window into broader policies and practices, hindered by secrecy laws that preclude an adequate defence. If a disclosure genuinely harms a specified legitimate State interest, it should be the State's burden to prove the harm and the intention to cause harm. States and international organizations are urged to adopt or revise laws accordingly, consistent with the well-recognized centrality of the right to freedom of expression and access to information in democratic governance.
- 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
- Person(s) affected
- All
- Year
- 2015
- 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. 91
- Paragraph text
- States should be completely transparent about the use and scope of communications surveillance techniques and powers. They should publish, at minimum, aggregate information on the number of requests approved and rejected, a disaggregation of the requests by service provider and by investigation and purpose.
- 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
- Person(s) affected
- All
- Year
- 2013
- 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. 122
- Paragraph text
- It is recommended that States establish a legal framework that recognizes and regulates community-based communication within the framework of the 14 principles presented in this report and that a fair balance be struck in terms of frequency allocation among community-based media, commercial media and public-sector or State media.
- 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
- Person(s) affected
- All
- N.A.
- 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. 115
- Paragraph text
- In exceptional circumstances, international human rights law permits certain limitations to freedom of expression. By establishing those limitations, the State is effectively fulfilling its obligation to prohibit certain expressions owing to the serious damage that they cause to the human rights of others, as provided for in article 20 of the Covenant.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 58
- Paragraph text
- It is not enough simply to adopt access to information policies, such policies must be rigorous and principled, drawing on the broad global acceptance that the right of access to information held by public authorities is rooted in international law. I encourage international organizations and the United Nations to align their policies with those being adopted and implemented, increasingly, by States, not only to emulate the best aspects of governmental behaviour, but to serve as a model for States to follow.
- 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
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 79
- Paragraph text
- The Special Rapporteur is particularly concerned about reports of threats and intimidation of companies, their employees and their equipment and infrastructure. Also, the Council’s emphasis on the important role — and need for protection — of the private sector deserves consideration. States should review all activities to obtain network access to ensure that they are lawful, necessary and proportionate, paying particular attention to whether these activities are the least intrusive means for protecting a legitimate aim.
- 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
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 60b
- Paragraph text
- [International organizations, especially the United Nations, should:] Develop a multi-stakeholder process to engage civil society, including the media, and Member States in identifying the key elements of an access policy;
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 61d
- Paragraph text
- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Promote knowledge of access to information policies, including through the provision of clear information on websites and active dissemination and promotion of those policies to staff and stakeholders.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 61a
- Paragraph text
- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Promote the adoption of access to information policies through resolutions and other governance mechanisms;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 60d
- Paragraph text
- [International organizations, especially the United Nations, should:] Ensure that policies include the main elements identified above, in particular, proactive, clear, searchable and secure disclosures; comprehensive policies with binding rules; clear rules about what information may be withheld; effective complaint and appeals mechanisms; strong implementation, review and monitoring systems; and independent whistle-blowing protections.
- 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
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 60c
- Paragraph text
- [International organizations, especially the United Nations, should:] Consult with those organizations that already have active access-to-information policies, such as UNEP and UNDP, to understand their processes and any lessons learned they may impart;
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 86
- Paragraph text
- Governments must also adopt and implement laws and policies that protect private development and the provision of technical measures, products and services that advance freedom of expression. They must ensure legislative, policymaking and other relevant norm-setting processes concerning rights and restrictions on the Internet in order to provide the private sector, civil society, the technical community and academia meaningful opportunities for input and participation.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 67
- Paragraph text
- Law enforcement and justice officials must be trained to ensure the adequate implementation of standards establishing protection of the right to access information and the consequent protections of confidentiality of sources and whistle-blowers. Authorities in leadership positions should publicly recognize the contribution sources and whistle-blowers make by sharing information of public relevance and should condemn attacks against them.
- 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
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 82c
- Paragraph text
- [The obligations to promote the enjoyment of the right to freedom of opinion and expression require that States guarantee the transparency of all aspects of political and electoral processes, and should particularly put in place measures to:] Ensure that the implementation of political financing regulations is overseen, monitored and enforced by the electoral authorities, the judiciary and other independent bodies;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph