Journalism

"With [a] global mandate to protect 'the free flow of ideas by word and image', UNESCO acts worldwide to advance fundamental freedoms, and to ensure that obligations are fulfilled and rights are exercised. [UNESCO works] to increase the knowledge and capacities of judiciary members on international and regional standards on freedom of expression and the safety of journalists. As a result, since 2013, more than 18,000 judicial operators and civil society representatives in Latin America, Africa and the Arab region have been trained on these issues. This toolkit on international standards for freedom of expression builds on these efforts, aiming to give a global scope to this endeavour. By reinforcing the knowledge and capacities of the judiciary, the toolkit effectively contributes to the implementation of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, adopted by the UN Chief Executives Board in 2012 and recognised by the UN General Assembly in 2013. The Plan of Action aims to create "a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide". [It is hoped] that this toolkit will be a useful tool for judges, public prosecutors, judicial training institutes, academics and judicial actors at large, so that respect for freedom of expression, public access to information, and the safety of journalists become an integral part of efforts to guarantee and promote human rights in our societies."

Law enforcement agencies face challenges in balancing freedom of expression with maintaining public order. They must manage safety issues, manage elections, natural disasters, and health emergencies while promoting respect for freedom of expression and peaceful assembly. Political, social, and economic factors contribute to these difficult situations. Journalists' freedoms are increasingly threatened, with 1,088 journalists killed in the past 12 years. In 2022, 45 media professionals were killed, prompting governments and law enforcement agencies to address public order issues, work with journalists, and communicate effectively with the public.

"Through the seven modules in this toolkit, officers and trainers can better appreciate how to equitably balance their public safety and order duties while enabling freedom of expression, and its associated freedoms, through better communications, provision of information, supporting the legal process, and enabling journalists to work safely."

An integral part of the international community’s efforts to end the impunity of those who attack journalists is bringing the perpetrators to justice and holding them accountable for their actions in accordance with the rule of law and human rights. These guidelines identify elements that should be analyzed in the decision-making process when an alleged crime is committed against a journalist and put into perspective the measures that may command the public interest, public order and the safeguard and confidence into the administration of justice.

"The paper will begin by setting out the international law backdrop to the UN Plan of Action. It will explain how the interplay of international treaty-based standards and other institutional and political dynamics have ensured powerful traction for the UN Plan of Action. The paper will then proceed with a more detailed focus on how relevant bodies of the Council of Europe engage with the problems and issues addressed by the UN Plan of Action. Particular attention will be paid to the protection afforded to (the freedom of expression of) journalists and other media actors by the European Convention on Human Rights (hereafter: ECHR) and the case-law of the European Court of Human Rights. The translation of the ECHR’s principles of protection into other standard-setting work by the Council of Europe will constitute another important focus. The section devoted to the Council of Europe will explore three main themes: roles and forms of journalism and public debate in democratic society; revisiting rights, duties and responsibilities in the digital age, and new regulatory and policy challenges and directions."

“The aim of this Report is to provide a holistic assessment on the safety of journalists around the globe as well as a yearly update on the status of journalist killings. The study covers the period 2014-2018, as well as several developments in 2019. It takes stock of trends in killings of journalists, and other attacks faced by media professionals. It is based on UNESCO’s monitoring of killings as recognized by the Director-General of the Organization, as well as information provided by Member States and research by international NGOs. Among the key findings, the Report emphasizes, the continued trend of impunity for attacks against journalists and highlights the increased prevalence of digital threats and harassment online, including those targeting women journalists. It sheds light on new reporting and monitoring initiatives on the safety of journalists, notably within the framework of SDG indicator 16.10.1, and looks at good practices reported by Member States to enhance efforts to monitor, prevent, protect and prosecute in relation to safety of journalists.”    

“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.

In this chapter, Danbury explores the legal and normative duties of investigative journalists to proactively supply law enforcement with information uncovered regarding terrorist activity. Though Danbury explains that journalists may have a duty to inform the state if they learn of an imminent attack, a proactive duty in other cases may risk compromising the work and safety of journalists.

First Joint Declaration of OAS and ACHPR Special Rapportuers on Freedom of Expression