Journalism

“The articles in this book, several by journalists with personal experience of harassment or violence, explore the problem from many angles. Although all agree that violence against journalists for doing their job is morally and legally unacceptable under any circumstances, there are differing points of view about whether journalists should be afforded extra legal protection under international humanitarian law.”

In May 2023 the Council of the European Union issued this compromise text of a Directive of the European Parliament and Council to protect human rights defenders and journalists who engage in public participation from manifestly unfounded or abusive court proceedings, also known as strategic lawsuits against public participation or SLAPPs. The compromise text was issued based on a lengthy consultative process including input from the SLAPP Working Party and Member States. Overall, Member States support “the aim of the directive to eliminate obstacles to the proper functioning of civil proceedings, while providing protection for the right to freedom of expression and media freedom.” However, they also “stressed that the procedural safeguards provided in the directive should be carefully targeted and in line with the right to an effective remedy and to a fair trial, in order to eliminate the risk of abuses by those the directive aims to protect.” At the same time, the Directive should not prevent legitimate claims from benig heard. The compromise text must be approved by the relevant parties before it can form the “basis for the negotiations with the European Parliament in the framework of the ordinary legislative procedure (Art. 294 TFEU).”

“While the rapidly emerging digital environment offers great opportunities for journalists to investigate and report information in the public interest, it also poses particular challenges regarding the privacy and safety of journalistic sources. These challenges include: mass surveillance as well as targeted surveillance, data retention, expanded and broad antiterrorism measures, and national security laws and over-reach in the application of these.”

This is a a handbook for legal practitioners on protecting the right to freedom of erxpression under the European Convention on Human Rights. The chapters  are: 1: General consideration on Article 10; 2: Duties under Article 10; 3 Unprotected speech-hate, speech, incitement to violence; 4: The system of restrictions within the exercise of the right to freedom of expression; 5: Limitations due to "public" reasons; 6: Freedom of expression and reputation; 7: Rights of others; 8: Freedom of expression and the media; 9: Freedom of expression and new technologies.

Recommendation of the Committee of Ministers of the Council of Europe to member States on the protection of journalism and safety of journalists and other media actors.

 Chapter II of the report  (A/HRC/7/14) "presents an overall review of the main issues addressed by the Special Rapporteur throughout his mandate, specifically in the realms of the right of access to information, safety and protection of media professionals, legal restrictions on freedom of opinion and expression as well as the impact of freedom of expression on the realization of other human rights."

Chapter III OF THE REPORT (A/HRC/14/23) "expands on four main themes: (a) general considerations on the freedom of opinion and expression; (b) freedom of expression for groups in need of particular attention and the role of freedom of expression in combating discrimination; (c) permissable restrictions and limitations on freedom of the expression; and (d) protection of journalists and freedom of the press. Chapter IV presents the Special Rapporteur’s conclusions and general recommendations concerning these main subjects.” 

The report (A/HRC/11/4) focuses on the Special Rapporteur’s "vision and priorities for the mandate." Among others, the Rapporteur makes "preliminary reflections on the issue of limitations to the right to freedom of opinion and expression", he included a section on the "right to access to information in situations of extreme poverty", and a section on "safety and protection of media professionals, including the protection of journalists working in conflict zones." 

The report  (A/HRC/20/17) “builds on the previous work of the Special Rapporteur regarding the issue of the protection of journalists and media freedom, and focuses particularly on situations outside of armed conflict.” 

Resolution A/HRC/RES/12/16 on Freedom of opinion and expression. Adopted at the 12th Session.