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.”

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.

“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.”