Right to Information and Transparency

The Centre for Law and Democracy conducted a first-ever global “stress-test” study on the right to information (RTI) laws and their implementation. The report builds on the participation of volunteers across 122 countries and the results of 146 RTI inquiries filed in 76 States. In the key findings, 38% of requests received “mute refusals” or “no substantive reply at all,” 54% resulted in some information disclosed, and only 42% could be described as “full disclosures.” While explicit rejections scored low, the high no-response rate presented a problem. “Mute responses are a fundamental denial of the right to information,” the authors stressed. “If requests go unanswered, the right exists only on paper.”

“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.”

"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."

"The Report aims to illustrate, for the benefit of disaster-affected populations, people acting on their behalf, journalists and relief workers, the importance of information in disaster relief operations, in some cases based on binding legal standards"

“The Guidelines for Industry on Child Online Protection, published by UNICEF and the International Telecommunications Union in 2015, explore the corporate responsibility to respect children’s rights in a digital world. This Toolkit builds on these Guidelines, expanding the consideration of children’s rights to privacy and freedom of expression. It identifies five overarching principles, based in international human rights law, that should ground and shape decisions about children online. These General Principles may be translated into practical action through the Checklist that follows, which offers questions and recommendations for companies to assess how children’s privacy and expression rights are considered across their websites, platforms, products, services and applications. The General Principles and Checklist were developed by UNICEF in consultation with a diverse range of stakeholders from the public and private sectors, academia and civil society. UNICEF continues to advocate for the full realization of children’s rights, including the rights to privacy and freedom of expression. It is hoped that this Toolkit prompts greater respect for children’s rights in a digital world.”

“Freedom of speech encompasses not only a right to express oneself but also a right to access information. This right is particularly pertinent to libraries, whose mission is often focused on enabling and expanding access to information. Libraries can support this activity with a theoretical background that draws upon the three predominant jurisprudential theories of freedom of speech: the marketplace of ideas, democratic ideals, and individual autonomy. In this article, each of these theories is explained and then applied to the library context, creating a starting place for further investigation and application of these judicial theories to information access.”

“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.

"The Internet rights are human rights is a series of training modules concerned with the relationship between human rights, ICTs and the internet. These modules are intended to help those who work on human rights and/or ICTs, and others with an interest in the issues, to understand ways in which the internet is affecting the enjoyment and protection of rights – now and in the future – and explore how these affect their work." The modules are: Introduction to Human rights, ICTs and the internet; Freedom of association and freedom of assembly; Freedom of expression and freedom of information;The right to privacy.

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 Publishing Confidential Information, Openness of National and International Public Bodies, Freedom of Expression and Cultural/Religious Tensions, and Impunity in Cases of Attacks Against Journalists.