Freedom of the media

“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.”

“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.” 

“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.”

“The report aims to translate in a concise and clear manner more than 70 years of international jurisprudence on freedom of expression, and outline a road map for judicial operators so that they can make decisions that are in line with international standards.” Available only in Spanish.

Joint Declaration about Countering Terror, Broadcasting and the Internet

Joint Declaration on Diversity of Outlet, Source and Content in Broadcasting

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.”

Joint Declaration on Freedom of Expression and the Administration of Justice, Commercialisation and Freedom of Expression, and Criminal Defamation