Conflict of rights and interests

Joint Declaration about Censorship by Killing and Defamation

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).

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.

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.

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. .

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” 

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.”

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.

“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.”

“The objective of this publication is to present inter-American jurisprudence that defines the scope and content of this right in a systematic and updated way. Among the most important topics it highlights: the importance, function, and characteristics of the right to freedom of expression, as well as the types of speech protected; the prohibition of censorship and indirect restrictions; the protection of journalists and social communications media; the exercise of freedom of expression by public officials; and freedom of expression in the area of electoral processes.”