Conflict of Rights and Interests

Conflict of rights and interests

International human rights law suggests a “balance of rights” approach to assess the legitimacy of state restriction to freedom of expression. The resources on this Module survey the application of this test to various areas of conflict, such as defamation and national security. Readings cover various national practices, and jurisprudence, along with academic critiques.

10 items found, showing 11 - 10

Defamation

Author: UN, OSCE and OAS Special Rapporteurs for Freedom of Expression
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Joint Declaration about Censorship by Killing and Defamation

UN, OSCE and OAS Special Rapporteurs for Freedom of Expression. Joint Declaration on the Current Challenges to Media Freedom, 30 November 2000.

Author: Council of Europe
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This Greek version of the HELP Course on Freedom of Expression (in Greek) was launched by the Department for the Execution of Judgments, in cooperation with HELP’s national partner, the Greek National School of Judges. The course discusses European standards on freedom of expression as applied to recent European Court judgments involving Greece finding violations of Article 10. It reviews 2 groups of cases, in particular. The Vasilakis group “concerns violations of the applicants’ freedom of expression due to civil courts’ decisions by which they were ordered to pay damages for defamation, slanderous defamation or insult, through articles published in the press or broadcastings of secretly filmed video-recordings.” The second group, the Katrami group, “concerns violations of the applicants’ freedom of expression due to the criminal convictions imposed on them for insult, defamation or malicious defamation.” Program materials include the online course, a Thematic Fact Sheet on Freedom of Expression (English), and a country fact sheet for Greece (English).

 

Council of Europe. 'Launch of HELP Course on Freedom of Expression for Greek judges and prosecutors'. 2023. https://www.coe.int/en/web/help/-/launch-of-help-course-on-freedom-of-expression-for-greek-judges-and-prosecutors

Author: Jeremy Bentham
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Bentham’s statement of press freedom argues to permit political associations/assemblies in public and resistance to governmental authority as a check to abuse of power. Special mention of permitting criticism, including of state officials, and a discussion of how sedition and defamation of public officials should be addressed.

Bentham, Jeremy. The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 2. Available from http://oll.libertyfund.org/titles/1921

Author: Center for Law and Democracy
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These training materials prepared by The Centre for Law and Democracy focus on three commonly applied restrictions on freedom of expression under international human rights law. They are designed as a resource for professional networks of media lawyers and other organisations working to build the capacity of lawyers to defend media freedom. The Materials consist of: 1) a Background Reading document describing core standards for each type of restriction; 2) sample exercises that can be used during training programmes; 3) discussion questions, also for use during trainings; and 4) sample agendas for a one and one-half hour or one-half-day workshop based on the materials.

The Centre for Law and Democracy (CLD). Model Training Materials: Hate Speech, Defamation and National Security. December 20, 2022. Accessed January 13, 2023. https://www.law-democracy.org/live/wp-content/uploads/2022/12/Training-Materials-2.Content-Restrictions.FINAL_.pdf

Author: IACmHR, Catalina Botero Marino
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PowerPoint Presentation created by the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission for Human Rights. This presentation is used by the Office in their training sessions. It addresses the Inter-American human rights system, explains the mandate of the Office of the Special Rapporteur, and refers to the jurisprudence and standards on: prohibition of prior censorship, prohibition of desacato laws, proportionality of subsequent liability, prohibition of indirect restrictions on speech, access to information and violence against media workers. .

OAS, IACmHR, Special Rapporteur for Freedom of Expression, Catalina Botero. PowerPoint Presentation  for a training session about Inter American Standards on freedom of expression. 2013

Author: UN Special Rapporteur Ambeyi Ligabo
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The report (A/HRC/4/27) is divided in three chapters. Chapter III addresses, among others, "future establishment of an intergovernmental body dealing with Internet governance and its role in limiting commercial pressure on, inter alia, a human rights approach to Internet freedom. The Special Rapporteur also addresses the necessity of swift action from Governments and Parliaments in order to decriminalize defamation and related offences. Finally, the Special Rapporteur examines the most recent initiatives with regard to security and protection of journalists and media professionals, and their repercussion on the availability of independent information and opinion-making. In addition to the proposed study on this matter, the Special Rapporteur also launches the idea of a voluntary fund to provide financial relief to the families of journalists killed while performing their duties or because of their activities, especially in developing countries” 

UN, Human Rights Council, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Ambeyi Ligabo. Report on the Special Rapporteur’s visit to Denmark, Internet governance and digital democracy, decriminalization of defamation offences, and security and protection of media professionals.A/HRC/4/271. 2 January 2007.

Author: United Nations High Commissioner for Human Rights with the International Bar Association
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Chapter 12 of Human Rights in the Administration of Justice, a manual and facilitator’s guide developed by the UN OHCHR in collaboration with the IBA, pertains to the right to freedom of thought, conscience, religion, opinion, expression, association and assembly. The learning objectives of this chapter are: “1.) To familiarize the participants with some other key rights, namely freedom of thought, conscience, religion, opinion, expression, association and assembly, and their importance in a society that is respectful of human rights in general; 2.) To illustrate how these freedoms, as well as the limitations attached to the exercise of most of them, are interpreted by the international monitoring bodies; 3.) To explain the role of judges, prosecutors and lawyers in safeguarding the freedoms dealt with in this chapter.”

United Nations High Commissioner for Human Rights with the International Bar Association. “Some Other Key Rights: Freedom of Thought, Conscience, Religion, Opinion, Expression, Association and Assembly”. Ch. 12 in Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers 2003. https://www.ohchr.org/documents/publications/training9chapter12en.pdf.

Author: Center for Media Freedom and Responsibility (CMFR)
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Published by the Center for Media Freedom and Responsibility (CMFR) and prepared together with co-founders of the Freedom for Media, Freedom for All network, the report starts with a warning: the scale of the damage done to press freedom in the Philippines under President Rodrigo Duterte has yet to be known. From July 1, 2022, to April 30, 2024, 135 attacks and threats against journalists have been documented; 45 of those cases are instances of “red-tagging,” and 19 are cases of unlawful surveillance. Alarmingly, 37% of all the cases recorded allegedly bear links to government agents. Eight journalists received charges of libel and “cyber libel.” Three reporters – Rey Blanco, Percy Lapid, and Cresencio Bundoquin – have been killed during that time. Calling for more media to cover human rights issues, the CMFR stresses, “Press freedom is designed to create a society where citizens are continually educated, learning what they must know, helping them develop the judgment to choose good leaders, and committed to democratic development so citizens can exercise their rights without fear.”

Center for Media Freedom and Responsibility (CMFR). “State of Media Freedom in the Philippines 2024.” Posted May 3, 2024. https://cmfr-phil.org/in-context/state-of-media-freedom-in-the-philippines-2024/  

Author: UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression
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The Special Rapporteurs identify the ten key challenges to freedom of expression in the next decade: Mechanisms of Government Control over the Media, Criminal Defamation, Violence Against Journalists, Limits on the Right to Information, Discrimination in the Enjoyment of the Right to Freedom of Expression, Commercial Pressures, Support for Public Service and Community Broadcasters, Security and Freedom of Expression, Freedom of Expression on the Internet, Access to Information and Communications Technologies.

UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression. Tenth Anniversary Joint Declaration: Ten key challenges to freedom of expression in the next decade2 February 2010.

Author: ARTICLE 19
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“The Global Expression Report is a global, data-informed, annual look at freedom of expression worldwide. With the benefit of data and hindsight, we take a look at 2020 – how this fundamental right fared, what the key trends were, and how global events affected its exercise. The Global Expression Report’s metric (the GxR Metric) tracks freedom of expression across the world. In 161 countries, 25 indicators were used to create an overall freedom of expression score for every country, on a scale of 1 to 100 which places it in an expression category. The GxR reflects not only the rights of journalists and civil society but also how much space there is for each of us – as individuals and members of organisations – to express and communicate; how free each and every person is to post online, to march, to research, and to access the information we need to participate in society and hold those with power to account. This report covers expression’s many faces: from street protest to social media posts; from the right to information to the right to express political dissent, organise, offend, or make jokes. It also looks at the right to express without fear of harassment, legal repercussions, or violence.”

ARTICLE 19. “The Global Expression Report 2021: The State of Freedom of Expression around the World”. 2021. https://www.article19.org/wp-content/uploads/2021/07/A19-GxR-2021-FINAL.pdf.