Freedom of the media

“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.”

In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard focuses on the impact of Internet and the information technology on the realization and protection of freedom of expression. In this first segment, Callamard introduces some of the challenges that Internet has created for the protection of free speech. Callamard highlights four of them: 1) the tension between the borderless nature of Internet and national sovereignty; 2) the impact of media convergence on medium specific regulation; 3) the responsibility or reliability of all the actors involved with the production and circulation of information; and 4) the global governance of Internet.

“This publication shows the guidelines that have been developed by the Inter-American Court and the Inter-American Commission and the Office of the Special Rapporteur for Freedom of Expression, regarding the need for an adequate regulation of the radioelectric spectrum to ensure free, independent, vigorous, plural, and diverse broadcasting, to insure, as a result, the greatest circulation of information and opinions.”

Published by Masaar, a community of lawyers and technologists advancing digital rights in Egypt, this paper explores the interdependence of freedom of information and freedom of the press and media. Noting that more than fifty constitutions around the world recognize the access to information right, the paper explains how significant freedom of information laws are and what positive impact they have on press freedom: freedom of information enables journalism - investigative journalism in particular. Other areas directly impacted by freedom of information that the paper explores are protection against censorship, public trust, accountability of those in power, media pluralism, and democracy in general. “[T]he right to information can enable media to challenge dominant narratives and offer a platform for marginalized voices,” the paper argues. “[...] media freedom is essential for a healthy and vibrant democracy, protecting human rights, promoting public discourse, and informing the public.”

“Alongside the COVID-19 pandemic, the governmental restrictions related to it were a stress test for multiple areas related to human rights, including the freedom of speech and media plurality. Specifically, concerns have been raised over the respect of the freedom of expression, both for individuals and the media, in several Eastern Partnership countries. This analysis focuses on identifying positive and negative changes with regards to freedom of speech and media resulting from policies related to COVID-19, examining the role of media in providing reliable information about COVID-19, evaluating the role of digitalisation on independent media, and assessing the impact of the strengthened strategic communication and support for media in the implementation of the 20 Deliverables for 2020.”

In this debate on ‘Freedom of the Press’, organized by the Osher Lifelong Learning Institute at Dartmouth and moderated by Richard Tofel, RonNell Andersen Jones (Professor of Law, University of Utah Quinney College of Law) and Andy Phillips (Partner and Litigator, Clare Locke law firm (DC)) discuss whether limitations should be imposed on the American press given the reportage of blatantly inaccurate fake news and incitement of violence by certain media outfits. The debate endeavours to explore different perspectives on and paths towards the proper resolution of the question about limitations on the press due to its pertinence to the role of the press in a democratic society as well as to the functioning of a democracy itself.

“Freedom on the Net is an annual study of human rights in the digital sphere. The project assesses internet freedom in 70 countries, accounting for 88 percent of the world’s internet users. This report, the 11th in its series, covered developments between June 2020 and May 2021.” Its key findings are: “1) Global internet freedom declined for the 11th consecutive year; 2) Governments clashed with technology companies on users’ rights; 3) Free expression online is under unprecedented strain; 4) China ranks as the worst environment for internet freedom for the seventh year in a row; 5) The United States’ score declined for the fifth consecutive year; and, 6) State intervention must protect human rights online and preserve an open internet…[The uploaded report] is a summary of findings for the 2021 edition of Freedom on the Net. Narrative reports on the 70 countries assessed in this study can be found on our website at freedomonthenet.org.” 

The UN Human Rights Committee adopted (102nd Session) General Comment 34 on States parties' obligations under Article 19 of the ICCPR: Freedoms of opinion and expression (CCPR/C/GC/34). The General Comment provides guidance to States on what the freedoms of opinion and expression mean in practice. Among others, the General Comment refers to: Freedom of expression and the media; Right of access to information; Freedom of expression and political rights; The application of article 19 (3); Limitative scope of restrictions on freedom of expression in certain specific areas; The relationship between articles 19 and 20.