Journalism

“Artificial intelligence (AI) – a broad concept used in policy discussions to refer to many different types of technology – greatly influences and impacts the way people seek, receive, impart and access information and how they exercise their right to freedom of expression in the digital ecosystem. If implemented responsibly, AI can benefit societies, but there is a genuine risk that its deployment by States and private companies, such as internet intermediaries, could have a deteriorating effect on human rights… [This Paper] maps the key challenges to freedom of expression presented by AI across the OSCE region, in light of international and regional standards on human rights and AI. It identifies a number of overarching problems that AI poses to freedom of expression and human rights in general, in particular: (a.) The limited understanding of the implications for freedom of expression caused by AI, in particular machine learning; (b.) Lack of respect for freedom of expression in content moderation and curation; (c.) State and non-State actors circumventing due process and rule of law in AI-powered content moderation; (d.) Lack of transparency regarding the entire process of AI design, deployment and implementation; (e.) Lack of accountability and independent oversight over AI systems; and, (f.) Lack of effective remedies for violation of the right to freedom of expression in relation to AI. This Paper observes that these problems became more pronounced in the first months of 2020, when the COVID-19 pandemic incentivized States and the private sector to use AI even more, as part of measures introduced in response to the pandemic. A tendency to revert to technocratic solutions, including AI-powered tools, without adequate societal debate or democratic scrutiny was witnessed. Using four specific case studies (“security threats”; “hate speech”; media pluralism and diversity online; and the impact of AI-powered State surveillance on freedom of expression), this Paper shows how these problems manifest themselves. This Paper concludes that there is a need to further raise awareness, and improve understanding, of the impact of AI related to decision-making policies and practices on freedom of expression, next to having a more systematic overview of regional approaches and methodologies in the OSCE region. It provides a number of preliminary recommendations to OSCE participating States and internet intermediaries, to help ensure that freedom of expression and information are better protected when AI is deployed.”

In October 2000, following debates among different civil society organizations, and in support of the Office of the Special Rapporteur for Freedom of Expression, the Inter-American Commission on Human Rights approved the Declaration of Principles on Freedom of Expression. The Declaration constitutes a basic document for interpreting Article 13 of the American Convention on Human Rights. In light of the importance of these principles, the Commission also published an interpretation of the principles set forth in the Declaration.

“The General Data Protection Regulation (GDPR) imposes important transparency and accountability requirements on different actors who process personal data. This is great news for the protection of individual data privacy. However, given that “personal information and human stories are the raw material of journalism,” what does the GDPR mean for freedom of expression and especially for journalistic activity? This essay argues that, although EU states seem to have taken their data protection obligations under the GDPR seriously, efforts to balance this against the right to freedom of expression have been more uneven. The essay concludes that it is of key importance to ensure that the GDPR's safeguards for data privacy do not compromise a free press.”

Danbury and Townend explore the practical implications of technological advances and legal structures on the assumption that “journalists should protect a source…whatever the personal and organisational cost.” They conclude that at the individual level, ethical codes should require journalists to warn sources of vulnerabilities before offering assurances of anonymity, while organisations should train journalists on how to have these conversations.

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 paper addresses how the use of artificial intelligence (AI) affects freedom of expression and media freedom. While AI can improve communication and information access in numerous ways, including through legacy media, this paper focuses on the main concerns when AI is not deployed in a human rights-friendly manner…This paper also addresses how biases both in datasets and of human developers may risk perpetuating existing inequality, how AI affects legacy media and how the COVID-19 pandemic aggravates the above-mentioned concerns. Providing policy recommendations, this paper concludes that states and the private sector need to guarantee that the design and deployment of AI are grounded in human rights, with transparency and accountability being ensured at all stages.”

Law enforcement agencies face challenges in balancing freedom of expression with maintaining public order. They must manage safety issues, manage elections, natural disasters, and health emergencies while promoting respect for freedom of expression and peaceful assembly. Political, social, and economic factors contribute to these difficult situations. Journalists' freedoms are increasingly threatened, with 1,088 journalists killed in the past 12 years. In 2022, 45 media professionals were killed, prompting governments and law enforcement agencies to address public order issues, work with journalists, and communicate effectively with the public.

"Through the seven modules in this toolkit, officers and trainers can better appreciate how to equitably balance their public safety and order duties while enabling freedom of expression, and its associated freedoms, through better communications, provision of information, supporting the legal process, and enabling journalists to work safely."

In this chapter, Danbury explores the legal and normative duties of investigative journalists to proactively supply law enforcement with information uncovered regarding terrorist activity. Though Danbury explains that journalists may have a duty to inform the state if they learn of an imminent attack, a proactive duty in other cases may risk compromising the work and safety of journalists.

Joint Declaration on Freedom of Expression and Countering Violent Extremism.

"This Joint Declaration addresses systematic or targeted attacks on freedom of expression which are aimed at silencing certain perspectives or voices, whether internationally, nationally or locally, and State responses to such attacks. Such attacks are perpetrated in different contexts, including of international and non-international armed conflicts, terrorist attacks and widespread organized crime."