International System of Protection

In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Catalina Botero explains what is the role of the Special Rapporteur on Freedom of Expression in the defense of the freedom of expression in the Americas

In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Catalina Botero gives a brief explanation of the Inter-American Human Rights System and mention some of the most emblematic freedom of expression cases of the Inter-American Court of Human Rights.

“The power of the Inter-American Court of Human Rights (IACtHR) to shape government behavior varies greatly from country to country. All states subject to the Court’s jurisdiction accept its authority to adjudicate disputes, and all take at least some meaningful steps toward judgment compliance. […] But in some states the Court’s judgments play a far greater role: they are untethered from the particular dispute that gives rise to them and take on a life as law-like rules that guide the subsequent behavior of public actors and the outcomes of disputes that never reach the Court. In some states the Court’s judgments even come to shape policymaking and public debates, constraining the range of options that are put on the table […] This article demonstrates that variation of the Inter-American Court’s authority across states can be explained in great part by the practice of constitutional law in each state. This is not to say that differences in constitutional texts explain the variation. Rather, the article suggests that for the Court’s authority to expand beyond mere judgment compliance, two factors other than the black-letter law must be in place. The first factor is the presence of lawyers—be they scholars, judges, public-interest lawyers, or other practitioners—who adhere to and promote a particular vision of constitutional law as containing within it international human rights law. […] The second factor explaining this variation is that those who advance these ideas must have political impact at the national level: they must be able to forge alliances with legislative and executive reformers who adopt the movement’s vision of law and advance it as part of their own project of political reform.”

“This Report, from the Inter-American Dialogue’s Peter D. Bell Rule of Law Program and Edison Lanza, expert on freedom of expression and current Special Rapporteur for Freedom of Expression at the Organization of American States, provides a succinct assessment of freedom of expression developments in the Americas in the early months of the Covid-19 pandemic. It draws on Inter-American legal standards, the ongoing documentation work of the Special Rapporteurship, reports from international human rights bodies, conclusions of the webinar discussion “Voices in the Pandemic: Covid-19 and Freedom of Expression in the Americas,” and available information from governments, national and international civil society, and media organizations. Unless otherwise noted, the information included in the report is updated to July 1st, 2020.”

The Inter-American Commission on Human Rights' Office of the Special Rapporteur for Freedom of Expression (RELE) has released a report titled "Disinformation, pandemic and human rights". The report examines the impact of disinformation during the COVID-19 pandemic, the challenges of collective understanding, internet moderation practices, and the impacts of state measures on human rights. The RELE recommends States respect and guarantee human rights, including freedom of expression, and address the risks of violations during future health emergencies. The report emphasizes the importance of valuing public information and promoting digital debate during emergencies.

Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. The Foundational Course will include four main segments. It will first survey the thinking of 19th century and contemporary political theorists, Judges in the early years of the twentieth century, and economists to discover why freedom of expression and information matters, and the values and principles that are established through free speech. The second will review the emergence of an international system of protection for freedom of expression, including the international and regional institutions and standards, and the role of international courts. The third and fourth class will focus on the scope of freedom of expression and on its legitimate limits. We will provide answer two key questions: What kind of speech is protected under international standards? What kind of speech may be restricted by Governments and how can it be legally restricted?

“This series of Briefing Notes is designed to give readers an understanding of the key international legal standards that apply in the context of freedom of expression. They are aimed at an audience which does not necessarily have a deep understanding of freedom of expression issues, but they also aim to be of interest and relevance to more sophisticated freedom of expression observers and practitioners. Thus, while the Briefing Notes are designed to be broadly accessible, they also provide readers with fairly in-depth knowledge about freedom of expression issues. Each individual Briefing Note addresses a different thematic freedom of expression issue. The first, perhaps predictably, is titled Freedom of Expression as a Human Right, while the second looks at the permissible scope of restrictions on freedom of expression under international law. Several of the Briefing Notes focus on different areas of media regulation, including print, broadcast and public service media, journalists, media diversity and independent regulation. This reflects the central role media regulation plays both in terms of guaranteeing freedom of expression and in the legal frameworks found in democracies relating to freedom of expression. There are also Briefing Notes on both criminal and civil restrictions on freedom of expression, as well as on the right to information (or freedom of information) and digital rights. In addition to providing substantive guidance in the relevant thematic area, the Briefing Notes contain a number of pithy quotes from leading sources. The idea is to provide readers with quick access to ‘quotable quotes’ for possible reuse in their work. Each Note also contains a section at the end on further resources, for readers who want to probe the subject more deeply.”

These materials are part of the Multimedia Training Kit (MMTK). Here you will find links to a) Module Handout; b) Module Trainers' notes; c) Module Questions and case studies; d) Module Power Point Slides. "The MMTK provides an integrated set of multimedia training materials and resources to support community media, community multimedia centres, telecentres, and other initiatives using information and communications technologies (ICTs) to empower communities and support development work. [...] This module explores the relationship between human rights, as understood in the Inter-American Human Rights System, and ICTs such as the internet. As well as this handout, it includes a set of presentation slides, exercises and case studies, and a list of additional readings. It raises the following general questions which should be considered by participants: 1. How has the internet changed people’s lives? What rights have been affected positively or negatively due to access to the internet? 2. Should online and offline human rights be understood differently? 3. What should the role of the state be regarding the exercise of human rights online? 4. What are the implications of the global nature of the internet for national human rights laws and international human rights instruments?" 

On 30 April 2020, the United Nations Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression published the Joint Declaration on Freedom of Expression and Elections in the Digital Age. The Declaration enumerates recommendations regarding communication during elections for both, State as well as non-State actors. In pursuance of the publication of this Declaration, Toby Mendel, Executive Director of the Centre for Law and Democracy, noted, “The Joint Declaration breaks new ground in several respects…Some key areas it addresses include extending certain types of rules which apply to legacy media, such as on spending and transparency, to digital media, respecting the right to privacy when using personal data to micro-target messages and, for digital actors, avoiding measures which limit the diversity of information available to users or the ability of certain parties and candidates to disseminate messages.”

“Pursuant to its mandate, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights monitors and documents in its annual reports the intervention of the region’s justice system in matters of freedom of expression. In this report, the Office of the Special Rapporteur presents a compilation of different judgments handed down over the past four years by national high courts that represent progress at the domestic level or enrich the regional doctrine and jurisprudence, while incorporating the inter-American standards in support of their decisions. As in other annual reports, this type of analysis aims to contribute to a positive dialogue between the bodies of the system and the national courts, with the conviction that sharing different experiences leads to a virtuous circle of mutual learning. This compilation was put together starting with the cases that have been highlighted and documented by the Office of the Special Rapporteur in its annual reports for the 2013 – 2016 period. The criterion used for the selection of the judicial decisions summarized in this chapter was that they represent progress at the domestic level, either because they ensure the protection of the freedom of expression of the persons directly involved in the specific case, and/or because they set forth legal guidelines that incorporate and develop the inter-American standards in the national sphere. Summarized [in this report] is a selection of notable court decisions. They have been systematized in accordance with 24 items that reflect different standards and rules of the inter-American legal framework, and grouped according to 13 analytical aspects. The decisions are preceded by a synthesis of the inter-American standard that was used as a reference in each category.”