Freedom of Expression Online

Freedom of Expression Online

The resources on this Module focus on some of the complex issues related to the digital exercise of freedom of expression. Internet, social media, search engines have largely transformed expression, information, communication. The selected readings highlight the mismatch between practices and the law trying to catch up with the advances of the technology, while seeking to make sense of the normative cacophony.

8 items found, showing 31 - 8

Surveillance

Author: Center for Media Freedom and Responsibility (CMFR)
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Published by the Center for Media Freedom and Responsibility (CMFR) and prepared together with co-founders of the Freedom for Media, Freedom for All network, the report starts with a warning: the scale of the damage done to press freedom in the Philippines under President Rodrigo Duterte has yet to be known. From July 1, 2022, to April 30, 2024, 135 attacks and threats against journalists have been documented; 45 of those cases are instances of “red-tagging,” and 19 are cases of unlawful surveillance. Alarmingly, 37% of all the cases recorded allegedly bear links to government agents. Eight journalists received charges of libel and “cyber libel.” Three reporters – Rey Blanco, Percy Lapid, and Cresencio Bundoquin – have been killed during that time. Calling for more media to cover human rights issues, the CMFR stresses, “Press freedom is designed to create a society where citizens are continually educated, learning what they must know, helping them develop the judgment to choose good leaders, and committed to democratic development so citizens can exercise their rights without fear.”

Center for Media Freedom and Responsibility (CMFR). “State of Media Freedom in the Philippines 2024.” Posted May 3, 2024. https://cmfr-phil.org/in-context/state-of-media-freedom-in-the-philippines-2024/  

Author: ARTICLE 19
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“The Global Expression Report is a global, data-informed, annual look at freedom of expression worldwide. With the benefit of data and hindsight, we take a look at 2020 – how this fundamental right fared, what the key trends were, and how global events affected its exercise. The Global Expression Report’s metric (the GxR Metric) tracks freedom of expression across the world. In 161 countries, 25 indicators were used to create an overall freedom of expression score for every country, on a scale of 1 to 100 which places it in an expression category. The GxR reflects not only the rights of journalists and civil society but also how much space there is for each of us – as individuals and members of organisations – to express and communicate; how free each and every person is to post online, to march, to research, and to access the information we need to participate in society and hold those with power to account. This report covers expression’s many faces: from street protest to social media posts; from the right to information to the right to express political dissent, organise, offend, or make jokes. It also looks at the right to express without fear of harassment, legal repercussions, or violence.”

ARTICLE 19. “The Global Expression Report 2021: The State of Freedom of Expression around the World”. 2021. https://www.article19.org/wp-content/uploads/2021/07/A19-GxR-2021-FINAL.pdf.

Author: Catalina Botero Marino, Federico Guzmán Duque, Sofía Jaramillo Otoya, Salomé Gómez Upegui
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“This guide was designed as a basic and synthetic input to help judges and legal practitioners across the Americas who must apply international (especially inter-American) standards that enshrine and protect the fundamental right to freedom of expression.” Available only in Spanish.

C. Botero Marino, F. Guzmán Duque, S. Jaramillo Otoya, S. Gómez Upegui. El Derecho A La Libertad De Expresión: Curso avanzado para jueces y operadores jurídicos en las Américas: Guía curricular y materiales de estudio. July 2017.

Author: Media Legal Defense Initiative
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"The MLDI Training Manual on Digital Rights and Freedom of Expression Online is designed to assist lawyers represent web-based journalists, bloggers and other online media. It comprises a comprehensive overview of international and comparative law on access to the internet, digital privacy and online data protection as well as specific types of speech-related offences online."

Media Legal Defense Initiative.Training Manual on Digital Rights and Freedom of Expression Online: Litigating digital rights and online freedom of expression in East, West and Southern Africa (2018)

Author: International Senior Lawyers Project
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"This toolkit was created by International Senior Lawyers Project (ISLP) to share strategies for defending media freedoms in the digital age with lawyers and human rights defenders. ISLP’s Media Law Working Group has, for the past 20 years, protected freedom of expression by supporting journalists and watchdog non-governmental organizations that investigate, report on, and litigate matters involving the right to freedom of expression. ISLP’s Media Law Working Group also provides legal advice on telecommunications, freedom of information, and privacy laws. ISLP believes that freedom of expression is necessary for a transparent, accountable, and democratic government and is the foundation of a free society. This toolkit was developed from the publishers’ experience working with lawyers, journalists, and human rights defenders in Southern and Eastern Africa. ISLP has worked with local Media Institute of Southern Africa (MISA) chapters to train lawyers and human rights defenders from Malawi, Mozambique, Zambia, and Zimbabwe on protecting freedom of expression using international law arguments. The practical information provided in this toolkit is designed to enable local advocates to use international law in regional bodies to defend freedom of expression and argue for stronger human rights protections in SADC. This resource focuses on international law arguments to defeat criminal defamation and cyber libel charges brought against journalists and bloggers."

International Senior Lawyers Project. 'Using International Law to Defend Free Speech in the Digital Age: A Guide for Human Rights Advocates'. 2023. https://islp.org/wp-content/uploads/2023/06/Media-Law-Toolkit-English-FINAL-8-June-2023.pdf

Author: International Senior Lawyers Project
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"Este kit de ferramentas foi criado pelo International Senior Lawyers Project (ISLP) para partilhar estratégias de defesa da liberdade dos meios de comunicação social na era digital com advogados e defensores dos direitos humanos. O Grupo de Trabalho de Direito dos Media do ISLP tem, nos últimos 20 anos, protegido a liberdade de expressão apoiando jornalistas e organizações não governamentais de vigilância que investigam, relatam e litigam assuntos que envolvem o direito à liberdade de expressão. O Grupo de Trabalho de Direito dos Media do ISLP também fornece aconselhamento jurídico relacionado com telecomunicações, liberdade de informação e leis de privacidade. O ISLP acredita que a liberdade de expressão é necessária para um governo transparente, responsável e democrático e é a base de uma sociedade livre. Este kit de ferramentas foi desenvolvido a partir da experiência dos editores em trabalhar com advogados, jornalistas e defensores dos direitos humanos na África Austral e Oriental. O ISLP tem trabalhado com as secções locais do Media Institute of Southern Africa (MISA) na formação de advogados e defensores dos direitos humanos do Malawi, Moçambique, Zâmbia e Zimbabué sobre a protecção da liberdade de expressão utilizando argumentos do direito internacional. A informação prática fornecida neste kit de ferramentas foi concebida para permitir que os defensores locais utilizem o direito internacional em órgãos regionais para defender a liberdade de expressão e argumentar a favor de uma maior protecção dos direitos humanos na SADC. Este recurso centra-se em argumentos de direito internacional para defender contra acusações criminais de difamação e ciberdifamação apresentadas contra jornalistas e bloguistas."

International Senior Lawyers Project. 'Utilizar O Direito Internacional Para Defender A Liberdade De Expressão Na Era Da Informação: Um Conjunto de Ferramentas para Activistas'. 2023.            

Author: Amnesty International
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This Amnesty International report charts the deployment of surveillance technology by Serbian authorities, who use digital repression tactics to control and persecute civil society. Based on technical digital forensic research and extensive interviews with spyware victims and Serbian civil society members, the report documents Serbia’s ubiquitous use of data extraction products, including NSO’s Pegasus spyware and the new NoviSpy spyware system – revealed by Amnesty for the first time in this report – targeting journalists, activists, and protesters. “Implement a human rights regulatory framework that governs surveillance and is in line with international human rights law and standards,” one of the report’s recommendations to Serbian authorities states. “Until such a framework is implemented, a moratorium on the purchase, sale, transfer, and use of all spyware should be enforced.” 

Amnesty International. “A Digital Prison”: Surveillance and the Suppression of Civil Society in Serbia, Amnesty International, December 2024. https://www.amnesty.org/en/documents/eur70/8813/2024/en/ 

Author: Amnesty International
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Digital platforms have played a powerful role in mobilizing Kenya’s youth for the protests of 2024 and 2025; yet technology, as Amnesty International reveals, has also helped the state orchestrate large-scale repression. Kenyans rallied against the Finance Bill in June 2024 and took to the streets again a year later to protest the government and lack of accountability; the largely peaceful demonstrations were suppressed violently, resulting in at least 3,000 arrests, 83 enforced disappearances, and 128 deaths. The report, based on expert observations and interviews with Kenya’s human rights defenders, examines the state’s “shadowy” tech-facilitated tactics – coordinated online harassment, surveillance, and disinformation campaigns – and complicity of companies like X and Safaricom.

Amnesty International. “This fear, everyone is feeling it”: Tech-facilitated violence against young activists in Kenya, Amnesty International, November 2025. https://www.amnesty.org/en/documents/afr32/0471/2025/en/