"This policy paper, prepared by the European Center for Not-for-Profit Law (ECNL) and Access Now, specifically focuses on implementing Article 34(1)b of the DSA, which addresses the “actual or foreseeable negative effects for the exercise of fundamental rights.” For the purpose of this paper, we use the term “fundamental rights impact assessment” (FRIA) to describe a process for implementing this Article. While Article 34 of the DSA adopts a risk-based approach, this broader framework should be grounded in fundamental rights safeguards, binding standards codified in the EU Charter of Fundamental Rights."

This 2021 Policy Paper published by ARTICLE 19 provides a detailed overview of the potential harms of Biometric technologies, including violations of the fundamental rights of privacy and freedom of expression as well as “data protection, human dignity, non-discrimination, self-determination and the right to access an effective remedy.” Further, abuse of these technologies by law enforcement and other state bodies can result in discrimination from profiling of marginalized and at-risk communities. The Policy Brief provides case studies on the use of facial recognition and emotion recognition technologies, and offers a broad range of recommendations. Based on the gathered evidence, ARTICLE 19 calls for “a moratorium on the development and deployment of all biometric technologies until vital human rights safeguards are in place.” 

The document underscores the significant negative impact such technology can have on media freedom within the OSCE region.

"The Representative concluded that the implementation of stringent measures is vital. This includes mandating effective and binding prior authorization of any surveillance on a journalist granted by an independent authority under judicial control. Additionally, such surveillance must be limited in duration and scope, and applicable only to the most severe offenses. Utilizing digital surveillance technology should be carefully justified and integrated into a robust rule-of-law framework, accompanied by a meaningful redress mechanism."

In a follow-up to the Fourth World Conference on Women, the Commission on the Status of Women issued these conclusions. They emphasize the importance of promoting human rights in the development, deployment, evaluation, and regulation of technologies, ensuring adequate safeguards to create an open, secure, stable, accessible, and affordable information and communications technology environment for all women and girls. The Commission acknowledges that technology can enhance women's and girls' rights, but it can also perpetuate gender stereotypes and negative social norms, perpetuating inequalities. It emphasizes the need to address structural barriers to achieving these rights. The Commission further calls for women's equal participation in decision-making and leadership positions for gender equality, empowerment, and human rights. To reach those goals, new policies and programs are required to promote digital technology use and address potential negative impacts.

"Offering a concise overview of the current state of content moderation on the largest social media platforms and the impacts on freedom of expression, the practical handbook seeks to dissect the complex intersection of freedom of expression, content moderation, and the business models of these tech giants.

The handbook, produced by ARTICLE 19 under the UNESCO project Social Media 4 Peace funded by the European Union, includes numerous concrete examples and cases to illustrate the questions raised by different standards, practices and policies pertinent to content moderation. It builds upon ARTICLE 19’s policies and expertise in content moderation and platform regulation and reflects ARTICLE 19’s long-standing calls that measures responding to problematic content including ‘disinformation’ and ‘hate speech’ must always conform with international standards on freedom of expression and other human rights."

"In the present report, the Special Rapporteur explores the linkages between the right to freedom of expression, including the right to information, and sustainable development. She introduces a paradigm shift in looking at sustainable development through the lens of freedom of expression. While recognizing important progress made in normative standards for access to information, the Special Rapporteur highlights that more is needed to ensure that the voices of those most disadvantaged in society are heard. She argues that only when both access to information and the effective participation of youth, Indigenous communities, the media, human rights defenders, civil society actors and others are fulfilled will the promise to leave no one behind be realized. As world leaders prepare to gather at the United Nations Headquarters in September 2023 to review progress on meeting the Sustainable Development Goals, the Special Rapporteur calls for renewed political commitment to uphold freedom of expression, an enabler of sustainable development."

The 2021/2022 World Trends in Freedom of Expression and Media Development report focuses on journalism as a public good, analyzing trends in media freedom, pluralism, independence, and journalist safety. The findings are based on data-driven analysis by UNESCO and Data-Pop Alliance, as well as original research by Economist Impact. The report highlights the importance of understanding journalism as a public good and its role in the wider conceptualization of information as a public good.

"This paper considers the impact of digital transformation on internationally recognised human rights, legal and constitutional rights, and domestically protected interests. It considers specific case studies, and provides a brief overview of international and domestic initiatives to protect ‘rights in the digital age’. Developed in the context of the 2022 Ministerial meeting of the Committee on Digital Economy Policy, this paper sets the scene for further discussion and supports policy makers in designing and achieving a rights-oriented and human-centric digital transformation."

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).”

"A new report entitled Free to Create: Artistic Freedom in Europe examines the challenges European artists and cultural workers face in the practice of their right to freedom of artistic expression. These range from laws that curtail creative freedom, attacks from non-governmental groups and online threats to the “under-the-radar” pressures that contribute to self-censorship. Artistic freedom is a core human right requiring protection and it has worsened recently under multiple challenges – political extremism, economic collapse, a global pandemic, threats from digitisation, an emerging environmental catastrophe, and the return of war within Europe – all crises with major impacts on human rights across society."

Freedom of expression and access to information is an essential human rights right that enables public engagement and participation in decision-making. It is integrated into the UN 2030 Agenda for Sustainable Development and is incorporated into Goal 16, which aims to promote peaceful societies, justice, and effective institutions. However, the world still has a long way to go to meet the SDGs by 2030, particularly Goal 16, which concerns freedom of expression. This briefing assesses the progress of achieving Goal 16 and its contribution to achieving all SDGs, identifies gaps in international processes, and provides recommendations for the effective implementation of the 2030 Agenda. The briefing aims to contribute to discussions at the SDGs Summit in September 2023 and help States and the international community determine what must be done to make the most of this stocktaking moment.

"The present report is submitted pursuant to General Assembly resolution 76/227. In it, the Secretary-General describes the challenges posed by disinformation and the responses to it, sets out the relevant international legal framework and discusses measures that States and technology enterprises reported to have taken to counter disinformation. The Secretary-General notes that countering the different manifestations of disinformation requires addressing underlying societal tensions, fostering respect for human rights, online and offline, and supporting a plural civic space and media landscape."

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."

"The Note provides an overview of the three main approaches to professional regulation – namely self-regulation, co-regulation and statutory regulation – and then delves in more detail into the key features of self- and co-regulation before describing the benefits of these systems and the different roles they can play beyond merely deciding on complaints about professionalism. The final section looks at a number of practice issues regarding the establishment of a self-regulatory system for independent media focusing on Myanmar, the only option given the current situation."

This Greek version of the HELP Course on Freedom of Expression (in Greek) was launched by the Department for the Execution of Judgments, in cooperation with HELP’s national partner, the Greek National School of Judges. The course discusses European standards on freedom of expression as applied to recent European Court judgments involving Greece finding violations of Article 10. It reviews 2 groups of cases, in particular. The Vasilakis group “concerns violations of the applicants’ freedom of expression due to civil courts’ decisions by which they were ordered to pay damages for defamation, slanderous defamation or insult, through articles published in the press or broadcastings of secretly filmed video-recordings.” The second group, the Katrami group, “concerns violations of the applicants’ freedom of expression due to the criminal convictions imposed on them for insult, defamation or malicious defamation.” Program materials include the online course, a Thematic Fact Sheet on Freedom of Expression (English), and a country fact sheet for Greece (English).

"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."

"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."

Culture and creativity are crucial economic sectors, accounting for 3.1% of GDP and 6.2% of employment. In 2019, exports of cultural goods and services doubled, reaching $389.1 billion. However, the creative economy faces challenges, including the pandemic, which led to over 10 million job losses. Public investment in culture has declined, and creative professions remain unstable and underregulated. Gender equality remains distant, and only 13% of voluntary national reviews acknowledge culture's contribution to sustainable development.

Disparities between developed and developing countries are significant, with developed countries leading the trade of cultural goods and services. The COVID-19 pandemic highlights the need for countries to protect and promote diversity within their territories and beyond. Culture's global public good must be preserved for the benefit of present and future generations.

This report "offers insightful new data that shed light on emerging trends at a global level, as well as puts forward policy recommendations to foster creative ecosystems that contribute to a sustainable world by 2030 and beyond". Also published is a new video on the importance of protecting artists and defending artistic freedom.

"The proposed Regulation includes safeguards against political interference in editorial decisions and against surveillance. It puts a focus on the independence and stable funding of public service media as well as on the transparency of media ownership and the allocation of state advertising. "

"The key objectives of the legislative initiative would be to: ensure that media companies can operate in the internal market subject to consistent regulatory standards, including as regards media freedom and pluralism, ▪ ensure that EU citizens have access to a wide and varied media offering both offline and online, ▪ safeguard the editorial independence and independent management of the media, which is a precondition of media freedom and of the integrity of the internal market, ▪ foster undistorted competition between media companies by ensuring a transparent and fair allocation of state resources".

This report is the result of in-depth research and the conclusions from 20 interviews with professionals with expertise in media freedom, artistic freedom, and the defense of human rights advocates and artists. It compares the safeguards and procedures in place to defend the legal rights of journalists and artists in urgent situations. The study's overarching objective is to promote collaborations between groups that support the safety of artists and journalists. While highlighting ways in which cooperation could be advantageous to both the advocacy communities focused, respectively, on artistic and media freedom, it suggests concrete action to expand protection for artists' safety in crises, learning from the advanced movement for the protection of journalists. 

The aim of this handbook is to educate civic information providers about coordinated deceptive campaigns and serve as a resource on how to flood the zone with trustworthy civic information.

"This handbook will function as a media literacy tool, giving readers the skills and opportunity to consider who is behind networked information campaigns and how they spread their messages. Its focus is limited to how information spreads on social media, but modern networked information campaigns work across an entire ecosystem of on- and offline tactics. Information campaigns use radio, mail, email, print media, television, and face-to-face communication"

The authors have submitted a Joint UPR Submission that gauges the worsening situation of freedom of expression in Russia, for the 44th Session of the Working Group. The submission examines the persecution of media workers and media outlets; criminalisation of speech and assembly and association; the use of war propaganda and incitement of hatred and violence; the use of internet shutdowns; website blocking; the use of surveillance in violation of Russia’s obligations enshrined in the International Covenant on Civil and Political Rights.

The Declaration, adopted by the specialized mandates tasked with protecting Freedom of Expression at the UN, OAS, OSCE, and African Commission, was drafted in cooperation with ARTICLE 19 and the Centre for Law and Democracy. The Declaration “outlines the interrelationship and interdependency of media freedom and democratic values, and the critical role of media freedom in enabling and sustaining democratic societies.” In the three sections that follow, the Declaration focuses on the role of states, calling for state actors to protect journalists and media diversity, refrain from press freedom violations, and provide economic support to the media. In its recommendations for online platforms, the Declaration emphasizes human rights standards, transparency, risk mitigation, and fair compensation. Finally, it addresses the media sector and stresses the importance of professional and ethical conduct.

The Recommendation places itself among the current rules and procedures for addressing hate speech as well as in the larger context of European and international human rights law. It draws on the substantial body of case law from the European Court of Human Rights. The recommendation offers states and a variety of various players, including politicians and political parties, internet platforms, media, and civil society organizations, useful advice as well as a complete legal and policy framework to address hate speech, both offline and online.

This report has been supported by the TrialWatch program at the Columbia Law School Human Rights Institute. TrialWatch is an initiative by the Clooney Foundation for Justice which advocates for justice through accountability for human rights abuses around the world. This report looks at the movement to change sedition laws, the reasons for such change and the abuses that continue where changes are attempted. The report is in three parts: a brief overview of the sedition laws at their criticisms faced at different levels; an update on the progress made by the Commonwealth States to reform these laws and lastly, an overview of examples where prosecuted have used sedition laws to stifle dissent, including case studies by TrialWatch's monitoring. 

In this document, Rosario Soraide for UNESCO notes that there has been a gradual trend towards decriminalising defamation, with 160 countries who have not criminalised it. However, The use of criminal defamation offences to restrict online expression has increased worldwide.

Several States have enacted laws to address cybersecurity, "fake news" and hate speech, which have had a chilling effect on freedom of expression and journalists' work. There has also been a rise in abusive practices such as "forum shopping" and SLAPPs, which have increased the vulnerability of journalists, artists, human rights defenders and bloggers. International courts have reaffirmed that speech about public officials is specially protected and must receive a proportional treatment under civil law.

ENGLISH  

In this report, the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) systematizes the applicable standards regarding the right to access information and the scope of the exemptions that States can raise "to protect national security". This document identifies several challenges in the implementation of laws that guarantee access to information in the region. The rapporteur held, for example, that "many States in the region have introduced legislation that reinforces secrecy and information classification in matters related to national security, under conditions that are not compatible with Inter-American standards on the right to access information. The report underscores judicial decisions and information about good practices regarding access to information, and acknowledges The Global Principles on National Security and the Right to Information, also known as the Tshwane Principles, as a tool that "offers the right balance to protect national security and guarantee personal freedoms". 

SPANISH 

En este reporte, la Relatoría Especial para la Libertad de Expresión de la Comisión Interamericana de Derechos Humanos (CIDH) presenta de manera sistematizada los principios aplicables respecto a la protección del derecho al acceso a la información y el alcance de las excepciones que los Estados puede plantear "amparados en la preservación de la seguridad nacional". Este documento identifica varios retos relevantes en lo que respecta a la implementación de leyes que garanticen el acceso a la información en la región. La Relatoría sostuvo, por ejemplo, que "diversos Estados de la región han venido incorporando a su ordenamiento jurídico normas que disponen o refuerzan la clasificación y el secreto de información en asuntos vinculados a la seguridad nacional, bajo definiciones o condiciones incompatibles con los estándares interamericanos sobre el derecho de acceso a la información". El informe destaca decisiones judiciales e información sobre buenas prácticas en lo que se refiere al derecho al acceso a la información y acoge los Principios globales sobre seguridad nacional y el derecho a la información, conocidos también como los Principios de Tshwane, como una herramienta que "propone un equilibrio correcto para asegurar la capacidad del Estado de proteger la seguridad y las libertades personales" 

"The Global Principles on National Security and the Right to Information were developed in order to provide guidance to those engaged in drafting, revising, or implementing laws or provisions relating to the state’s authority to withhold information on national security grounds or to punish the disclosure of such information.

They are based on international (including regional) and national law, standards, good practices, and the writings of experts. They address national security—rather than all grounds for withholding information. All other public grounds for restricting access should at least meet these standards. These Principles were drafted by 22 organizations and academic centres (listed in the Annex) in consultation with more than 500 experts from more than 70 countries at 14 meetings held around the world, facilitated by the Open Society Justice Initiative. This process culminated in a meeting in Tshwane, South Africa, which gives them their name."

This guide prepared by Peter Noorlander for UNESCO offers “practical information and guidance to civil society organisations considering intervening in cases before national or international courts as so-called ‘amicus curiae’ or ‘third party intervener’. It is focused on interventions concerning freedom of expression and the safety of journalists." While the focus is on freedom of expression cases, the principles could be applied to human rights cases more broadly. The guide consists of six sections covering the most important aspects of preparing interventions, such as  strategic consideration and technical requirements, recommendations on how to monitor cases and communicate with parties, and examples in the form of case studies.

"The Centre for Law and Democracy and the Institute for Research, Advocacy and Development have submitted an amicus curiae brief to the Islamabad High Court on behalf of the Pakistan Federal Union of Journalists.The case involves a constitutional challenge to Pakistan’s criminal defamation provisions, which provide for sanctions of up to two years imprisonment. The main argument is that criminal defamation laws are not justified as necessary restrictions on freedom of expression because civil defamation laws exert less of a chilling effect on speech and provide adequate protection for reputations.

Our brief outlines international standards in this area, showing how criminal defamation and imprisonment for defamation have been addressed by international and regional human rights courts, as well as in authoritative statements by official actors. It also reviews countries which have either repealed their criminal defamation rules or had them struck down by courts. In addition to these arguments against criminal defamation in general, the brief also highlights a number of specific ways in which the Pakistani rules in this area fail to conform to international standards. These include by providing for a defence for statements about officials only where those statements were made in good faith, and limiting the defence of truth to cases where the statements were also “for the public good”."

Modern liberal-democratic nations are divided over whether the right to freedom of expression should extend to hate speech, which abuses, degrades, or promotes violence or discrimination against others based on traits like race, nationality, religion, sex, sexual orientation, and gender identity. Most liberal democracies outlaw certain forms of public hate speech in order to protect the dignity, equality, and security of the targeted groups. At the same time, the United States rejects this position and holds that public hate speech generally should receive constitutional protection.

This essay argues that bans on public and private hate speech can contradict liberal principles. It focuses on the writings of John Locke, which laid the theoretical foundations of the modern liberal state and addressed the problem of speech that denies the equal status and rights of others. Locke's thought offers a valuable starting point for considering how liberal principles should apply to hate speech.

This essay presents a theory of free expression based on liberal humanism, which argues that free speech is based on respect for human freedom and dignity, but does not entitle one to infringe on the rights of others. It uses this approach to grapple with the problem of hate speech, which may be restricted on the grounds that it violates the most basic right of all: the right to be recognized and treated as a human being and a member of the community. Locke argued that expression that sought to deny freedom and equality to religious minorities should not receive legal protection because it invaded its targets' rights and undermined society's foundations. The essay also responds to two of the leading liberal arguments against hate-speech bans: that they violate individual autonomy and undermine democratic legitimacy.

"ARTICLE 19 published a briefing on the role access to information plays in achieving women’s empowerment and tackling gender inequality, providing recommendations for governments and civil society. Access to information is fundamental for women’s empowerment. Access to information enables women to exercise their human rights and overcome gender inequality. Under international human rights law, states are responsible and obligated to promote and protect both gender equality and access to information and to ensure that barriers blocking these rights are eliminated. These obligations are part of states’ commitments under the Sustainable Development Goals (SDGs), Goals 16 and 5, respectively. The goals are closely interlinked and are instrumental for the full enjoyment and exercise of a range of human rights – such as freedom of expression – and for the achievement of the SDGs as a whole."

"The focus of the Guidelines on challenges related to freedom of expression and access to information complement the Organization’s work in the areas of education, the sciences, and culture. The aim of the Guidelines is to support the development and implementation of regulatory processes that guarantee freedom of expression and access to information while dealing with content that is illegal and content that risks significant harm to democracy and the enjoyment of human rights. They call for States to apply regulation in a manner consistent with international human rights standards and Article 19 of the International Covenant on Civil and Political Rights."

"This Guide is part of the series of Case-Law Guides published by the European Court of Human Rights o inform legal practitioners about the fundamental judgments and decisions delivered by the Strasbourg Court. This particular Guide analyses and sums up the case law under Article 10 of the European Convention on Human Rights. It covers the period from 1957 to 31 December 2020."

Readers will find key principles in this area and the relevant precedents. The case laws cited have been selected among major judgements. However, it does not include cases concerning Article 10 where an admissibility decision was given as a result of their exclusion from protection by the Convention as per grounds under Article 17 and cases where the Court found no violation of Article 17.

In this factsheet, the Council of Europe discusses the judgement of Halet v Luxembourg, where "the European Court of Human rights reiterated that the protection enjoyed by whistle-blowers under Article 10 of the European Convention on Human Rights was based on the need to take account of features that were specific to the existence of a work-based relationship: on the one hand, the duty of loyalty, reserve and discretion inherent in the subordinate relationship entailed by it, and, where appropriate, the obligation to comply with a statutory duty of secrecy; on the other hand, the position of economic vulnerability vis-à-vis the person, public institution or enterprise on which they depended for employment and the risk of suffering retaliation from them. The Court also pointed out that, to date, the concept of “whistle-blower” had not been given an unequivocal legal definition and that it had always refrained from providing an abstract and general definition. Thus, the question of whether an individual who claimed to be a whistle-blower benefited from the protection offered by Article 10 of the Convention called for an assessment which took account of the circumstances of each case and the context in which it occurred. In this connection, the Court decided to apply the review criteria defined by it in the Guja v. Moldova judgment delivered by the Grand Chamber on 12 February 2008 in order to assess whether and, if so, to what extent, an individual who discloses confidential information obtained in the context of an employment relationship could rely on the protection of Article 10 of the Convention. In addition, conscious of the developments which had occurred since the Guja judgment was adopted in 2008, whether in terms of the place now occupied by whistle-blowers in democratic societies and the leading role they are liable to play, the Court considered it appropriate to confirm and consolidate the principles established in its case-law with regard to the protection of whistleblowers, by refining the criteria for their implementation in the light of the current European and international context."

"

These Model Training Materials have been developed as part of an ongoing project by the Centre for Law and Democracy (CLD) to foster the formation of national media lawyers’ networks, supported by UNESCO’s Global Media Defence Fund. They are designed as a resource for professional networks of media lawyers, freedom of expression organisations and other groups which are working to build the capacity of lawyers to defend media freedom and freedom of expression. The materials provide a template for an introductory workshop on the basic principles of freedom of expression under international human rights law. They include, a Background Reading section which can be distributed to participants; a set of exercises which can be done during a workshop or a training; sample discussion questions; and sample agendas for a 1.5 hour or one-half-day workshop based on these training materials.

Executive Summary: This Guide provides an overview of how international law can be used to inform domestic litigation, with a focus on the issue of freedom of expression. After providing a brief overview of the sources of applicable international law norms, it provides an overview of how different jurisdictions give effect to international norms while offering practical tips for deciding how and when to invoke those norms. The Guide then describes the ways international standards can be used as a tool to inform statutory and constitutional interpretation. The Guide concludes that although different legal traditions have adopted varied approaches to incorporating international norms domestically, regardless of how this is done, international standards can play a meaningful role in domestic human rights litigation.

This report produced by UNESCO provides an assessment of the achievements and best practices derived from the UN Plan of Action on the Safety of Journalists and the Issue of Impunity over the last decade, and it offers recommendations to combat emerging challenges going forward. The UN Plan of Action for the Safety of Journalists arose out of a multi-stakeholder process to strengthen “peace, democracy and development worldwide” as part of the UN Sustainable Development Goals. The UN Plan seeks to “create a free and safe environment for journalists and media workers online and offline and both in conflict and non-conflict situations.” The report details the results of the consultative process in 2022 which included “five regional and sub-regional consultations (for Africa, South Asia, Latin America and the Caribbean, Arab States and Europe), two thematic consultations (on the safety of women journalists, on risk management and transparency of digital platforms), and a crosscutting academic consultation [which] brought together governments representatives, civil society organizations, academia, journalists, news organizations, IGOs and tech companies.”

These training materials prepared by The Centre for Law and Democracy focus on three commonly applied restrictions on freedom of expression under international human rights law. They are designed as a resource for professional networks of media lawyers and other organisations working to build the capacity of lawyers to defend media freedom. The Materials consist of: 1) a Background Reading document describing core standards for each type of restriction; 2) sample exercises that can be used during training programmes; 3) discussion questions, also for use during trainings; and 4) sample agendas for a one and one-half hour or one-half-day workshop based on the materials.

The Declaration jointly developed by Access Now, ARTICLE 19, Mnemonic, the Center for Democracy and Technology, JustPeace Labs, Digital Security Lab Ukraine, Centre for Democracy and Rule of Law (CEDEM), and the Myanmar Internet Project, sets out guidelines to help platforms protect human rights before, during, and after a crisis. The motivation for the Declaration stemmed from an understanding that “[i]n situations of armed conflicts and other crises, people use social media and messaging platforms to document human rights abuses or war crimes, access information, mobilize for action, and crowdsource humanitarian assistance. But governments and other actors leverage these same platforms to spread disinformation and hate speech, incite violence, and attack or surveil activists, journalists, and dissidents.” The partner organizations hope that the Declaration will help “advance consistent and rights-respecting principles for companies to respond appropriately to crises and meet their obligations and responsibilities under international human rights law.”

This Guide aims to provide practical information and guidance to civil society organizations considering intervening in cases before national or international courts as so-called 'amicus curiae' or 'third party intervener'. It focused on interventions in cases concerning freedom of expression and the safety of journalists. Still, the information it provides broadly applies to other human rights cases.

This Guide is divided into six parts:

• A discussion of the main strategic considerations that organizations are thinking of intervening in a case should consider. This includes questions on how an intervention fits into a broader campaign, the type of cases to intervene in, and whether to intervene alone or as part of a coalition;

• A section providing case studies, each chosen to illustrate interventions before different types of court and in different scenarios;

• A section discussing practicalities, including how to monitor cases, engage lawyers and communicate with parties in the case;

• A section discussing technical legal requirements before international human rights courts as well as at the national level;

• Some recommended ‘do’s and don’ts’ in writing amicus curiae briefs, discussing what tone to strike and how to remain objective yet firmly set out the Organization's perspective.

• How to follow up on a judgment, including monitoring implementation and engaging in post-judgment advocacy.

As the UN custodian agency for Sustainable Development Goals (SDG) Indicator 16.10.2, UNESCO continues to report on progress in adopting and implementing Access to Information guarantees worldwide. The Organization also promotes efforts around the issue, including reinforcing the vital relevance of access to information to crisis recovery and attaining the SDGs.

The report highlights these dimensions, presenting key findings from the 2021 UNESCO Survey on Public Access to Information and assessing progress in 102 participating countries and territories. It provides policymakers, civil society, academia, and those interested in SDG issues with different case studies and good practices, focusing on rebuilding communities and public institutions with access to information.

Findings from the survey used in the report suggest that having a specialized ATI oversight institution is fundamental to ensure ATI law implementation and enforcement. This was evident by the higher scores obtained by countries and territories with such a technical institution.

These guidelines seek to provide a general framework for judicial actors to assess matters of privacy and data protection in the face of other rights, such as freedom of expression and the right to privacy. It includes relevant case law from various national, international and regional bodies that may inform judicial actors’ understanding of the matters. It draws a coherent line from privacy rights to data protection rights and the challenges of upholding these rights in the face of new technologies.

The recommendations include, among others:

• The right to data protection has since been compared to the freedom of expression rights and, as such, any evaluation about it should consider its presence in ongoing trials, debates and documents and also its instrumental nature as an enabler of other related human rights, besides its gradual yet constant evolving presence in human rights documents and statutes.
• As information and communication technologies intensify the availability of information and its uses, the right to data protection and freedom of expression must more and more be mutually evaluated and considered. In this sense, cases which would be typically analyzed according to freedom of expression standards may also increasingly demand the consideration of the data protection rights potentially (or actually) involved —and vice-versa.

The publication looks at early responses from the education sector, drawing a lens on how data privacy has been managed with the growing rate of digitization, which the COVID-19 pandemic has further driven. It serves as a clarion call to the sector not only to pay careful attention to data privacy in education but to take the lead in these developments.

The publication emphasizes the need for a balance between the use of technology in advancing educational transformation and safeguarding privacy and individual rights. It recommends proper rules and protocols for protecting students and teachers not only in national policies but also at the international level. Cooperation and collaborative efforts are also required to support policy learning, knowledge sharing and mutual understanding.

This publication is an extract from a wider UNESCO-commissioned global study on online violence against women journalists produced by the International Center for Journalists (ICFJ).

It highlights the role of news organizations in preventing online violence against women journalists and providing due protection when these attacks do occur. It also offers action-oriented recommendations to help the news industry respond more effectively to the crisis.

Some of the recommendations proposed for consideration by news organizations as key responders to online violence against women journalists globally include, among others:

• Recognizing gendered online violence as a workplace safety issue experienced by their journalists (whether staff or freelance). Understand that this applies regardless of whether or not the abuse is directed at the journalist on their news website or a digital service owned by a third party.
• Ensuring that online violence is understood as "real" and that the psychological injury suffered by women journalists under attack is considered serious.
• Acknowledging the increased intersectional risks and impacts facing women journalists at the nexus of misogyny, racism, religious bigotry, homophobia, transphobia, and other forms of discrimination requires recognition in editorial guidelines online violence response protocols.
• Recognizing the correlation (and potential causal link) between online violence and offline attacks and responding accordingly by ensuring that defensive strategies integrate physical safety, digital security, psychosocial support (including access to specialized trauma-aware counselling), editorial responses and legal assistance.

This report is an extracted chapter of a more comprehensive UNESCO-commissioned global study on online violence against women journalists produced by the International Center for Journalists (ICFJ). It looks into the role played by the big tech companies, mainly social media platforms, as vectors and facilitators of gender-based online violence targeting women journalists.

It assesses the responses of these companies to the problem and makes recommendations for more effective countermeasures, which include, among others:

• Continuous review of their policies, algorithms and moderation processes to address the evolving nature of gender-based online violence while working closely with women journalists and civil society groups to co-design new solutions.
• They are developing more sophisticated abuse reporting systems with the capacity for escalation for women journalists under attack (and their employers), recognizing their particular vulnerabilities and the implications for press freedom.

Implementing a coordinated multi-stakeholder approach to protecting women journalists from online violence brings together all platforms, female journalists, civil society, news organizations, governments, and independent experts at national and international levels.

The growth of social media has seen journalists engage in digital public spaces as part of their role, which has provided new opportunities for journalists, including women journalists, such as broader outreach and possibilities to connect with journalists internationally and create specialized outlets. Consequently, these also present several risks. It has led to women journalists sharing, sometimes without realizing it, personal information about themselves, which is used against them. Online abusers browse the internet for information that can be used to intimidate and harass media workers and stop them from doing their job. 

Also, journalists frequently receive death threats, sexual violence, and threats directed at their families and are targeted by disinformation campaigns. Research has shown that these attacks disproportionately affect women journalists.

For this reason, the guide aims to provide some critical steps to help reduce risks faced by women journalists and their sources. It helps to understand what information is acceptable to share, what data is best kept private, and a key to better protection.

The guide also provides measures that can be taken to prosecute perpetrator(s), including:

• Firstly, especially in case of online impersonation and/or doxxing, liaising with sources and contacts to enable them to anticipate further harassment and to protect themselves;

• Secondly, collecting evidence such as testimonies and screenshots of messages and images received or posted online;

• Thirdly, contacting the websites or platforms hosting the pages concerned to ask for the removal of the information and possibly demanding more excellent action in filtering out attacks and deplatforming attackers;

• Then, reporting the attack using the mechanisms set up by the local authorities, and, where appropriate, filing a complaint with the local police, with the assistance of a legal counsel if necessary;

• It is also important to consider the pros and cons of reporting the abuse as a news or feature story to raise the issue on the public agenda.

This paper by Eduardo Bertoni seeks to provide inputs so that decision-makers and public policymakers can take into account different angles of the current issues on the international agenda, always having the existing international standards as the main line.

It contributes to an ever-increasing, plural and well-informed debate on key issues of yesterday, today and tomorrow.

It highlights situations related to the journalistic coverage of street demonstrations and police action; to the access to the information sought by the press and related to investigations carried out by the security forces; and the response given by security forces to situations of threats or attacks to people who are carrying out their work as journalists, paying particular attention to this conflict from a gender perspective.

The report proposes strategies for reducing confrontations between journalists and security forces, which include, among others:

•   Media outlets and employers should pay attention to safety measures, including providing appropriate training and equipment to journalists when sending them to cover protests. They should also provide the same resources to freelance journalists when using the reports they provide.

•   National authorities should consider appointing an ombudsman responsible for treating cases by the police, other security forces, and the press during these situations. This will ensure the appointment of an official to monitor and help curb police attacks on the press while reporting on protests.

•   The same ombudsman or similar figure should also be authorized to make recommendations for investigation and prosecution of government as well as civilian attacks on the press.

It emphasizes the need for training as one of the best mechanisms for reducing tensions between journalists and security forces.

This Declaration is a collective commitment to human rights in the digital age led by civil society organizations, Access Now and the Government of Catalonia to serve as a helpful advocacy tool for governments, civil society, tech professionals and academics worldwide. It recognizes the role of digital technologies in strengthening democracy and human rights and explicitly condemns the proliferating use of surveillance technologies to target communities engaging in protected activities.

It calls on governments, in coordination with civil society and the private sector, to implement a moratorium on the export, sale, transfer, servicing and use of targeted digital surveillance technologies developed by the private industry. Pending when rigorous human rights safeguards are implemented to regulate such practices.

It recommended some measures to multilateral organizations, governments, and private sector actors to protect democracy and respect human rights in the digital age, which include:

• Implementing an immediate moratorium on the export, sale, transfer, servicing, and use of targeted digital surveillance technologies until rigorous human rights safeguards are put in place to regulate such practices
• Recognizing and enforcing the right to remedy and reparation through robust and independent oversight measures for individuals targeted by cyberespionage
• Developing and encouraging the adoption of robust safeguards and standardized clauses in any contract of purchase and sale of cyber surveillance programs to ensure compliance with human rights standards for any use of these products and services
• Publicly report any detected misuse of cyber-surveillance products and services resulting in human rights violations to any relevant oversight body, either at the national, regional, or international level.
• Ensuring that digital transformation works for, not against, democracy and human rights in ways that strengthen opportunities while confronting ongoing challenges, among others.

The Office of the United Nations High Commissioner for Human Rights submitted the report according to Human Rights Council resolution 47/16 to simplify the “Internet shutdowns” phenomenon. It provides an overview of trends in Internet shutdowns, an analysis of their causes, legal implications, and the impact on human rights. It highlights the roles of companies, the existing efforts in promoting Internet connectivity and providing development aid, and their importance in detecting, preventing and responding to shutdowns. The report also provides recommendations for ending shutdowns and minimizing their impact.

Some of the recommendations include the following:

• States should refrain from the full range of Internet shutdowns, given their indiscriminate and disproportionate impacts on human rights.
• Internet service providers and telecommunications companies should carry out adequate human rights due diligence to identify, prevent, mitigate and account for how they address their adverse human rights impacts. This includes Internet shutdowns, particularly by thoroughly assessing the risks of ordered Internet shutdowns when they enter and leave markets.
• Development agencies, regional organizations and international organizations should consider the risks of Internet shutdowns when designing and implementing cooperation programmes relating to Internet connectivity.
• Civil society should support increased digital literacy and promote Access to circumvention tools, paying due attention to their safety, accessibility and affordability.

The realization of access to information (ATI) as an internationally recognized human right for all, including persons with disabilities, has long been acknowledged. However, realizing this right for those with disabilities still poses a challenge.

This report analyses the inclusion of persons with disabilities or lack of provision in Access to Information (ATI) legislations across the globe, based on the existing ATI laws in 132 countries. It also highlights a series of recommendations to advance the rights of persons with disabilities within the scope of the right to information.

This brief is part of UNESCO's role as the custodian agency for SDG Indicator 16.10.2 on Public Access to Information. With a specific focus on disability rights, the brief look into including persons with disabilities or their lack thereof in ATI legislations worldwide. It serves as a reference for the Member States, NGOs, academia, media, and organizations interested in the issues of Access to Information and Persons with Disabilities.

Key highlights include, among others:

• The importance of access to information (ATI) as an internationally recognized human right for all, including persons with disabilities, has long been acknowledged. However, realising this right for those with disabilities remains a challenge.
• Of the 132 countries with ATI laws examined for this report, 37 explicitly refer to persons with disabilities and their rights to varying degrees. Effective accessibility criteria are missing from many existing legislative frameworks, or that implementation is hindered by factors such as inadequate awareness and training around the rights of persons with disabilities and insufficient funding.
• Countries should consider steps towards an inclusive and comprehensive legislative framework containing minimum mandatory accessibility standards that ensure access to information for persons with disabilities without discrimination based on the type of disability, geographical location, financial means, and language capabilities, among other factors.

This paper is part of a collection of discussion papers commissioned and produced by UNESCO and the United Nations Office of the Special Adviser on the Prevention of Genocide (OSAPG). They directly contribute to the United Nations Strategy and Plan of Action and published in the context of the Multistakeholder Forum and Ministerial Conference on Addressing Hate Speech through Education.

The outbreak of the COVID-19 pandemic has highlighted the pertinence of the United Nations Strategy and Plan of Action, generating a wave of hate speech worldwide –further exacerbating intolerance and discrimination towards particular groups and destabilizing societies and political systems. The discussion papers seek to unpack critical issues related to this global challenge and suggest possible responses and recommendations for policymakers, some of which are:

• Integration of global citizenship education within national teaching curricula to address the root causes of hate speech; and investing in context-relevant targeted educational programmes to prevent violent extremism and racism, antisemitism and other forms of intolerance.
• Review curricula and teaching materials to ensure they are free of stereotypes and biased language and include diverse perspectives. Teaching materials should emphasize shared values and human rights to foster a sense of unity while embracing diversity.
• Provides resources and financial support to civil society organizations engaged in addressing and countering hate speech.

Encouraging the development of educational, preventive strategies against hate speech in national hate-speech action plans and guidelines addressed to non-State actors, including civil society and the private sector. Among others.

As efforts to curb the threat antisemitism poses online continue to become a major challenge, the guide seeks to build capacity among civil society to tackle this growing threat.

Considering the range of solutions the digital space offers in tackling this challenge, this practical and action-oriented resource aims to consolidate knowledge and provide a wide range of policy and community avenues for action. The guide provides an overview of the online antisemitism threat landscape, a summary of existing policy responses on an international and national level across a range of European contexts, and a broad set of recommendations for civil society engagement with governments, platforms and wider communities to address this challenge.

The recommendations include: Awareness-raising, educating to address antisemitism, digital citizenship education, building a civil society research toolkit for online antisemitism, security considerations for countering antisemitism online, building alliances and establishing unified civil society responses as well as youth engagement.

The problems faced by independent news media, whether online or offline or hybrid, presents a significant threat to society which was made visible, particularly during the pandemic, which highlighted a paradox: While media became more important than ever for citizens as a source of reliable information in an insecure and continuously changing world, newsrooms struggled to pay their bills.

The pandemic brought to crisis point prior trends - for example, between 2009 to 2020, the share of newspapers – key journalism producers – in global advertising spending fell from 23 to 6 per cent. Amidst the gloom of increasing financial pressure, there are learning from the media's creativity and actions in their survival efforts. Journalists, publishers, educators and other media workers have developed and are developing innovative strategies to help strengthen the viability of independent media.

This publication highlights some of these inspiring and educational microstories that include

• Success in cross-border collaboration for investigative journalism;
• Revenue-earning fact-checking services that combat disinformation;
• New business models that leverage audience and advertiser needs;
• Entrepreneurial education for the next generation of journalists; among others, more.

These enterprise-level steps are essential complements to the need for more significant changes in national policies to save - and stimulate -media development all around the world.

To meet the UN Sustainable Development Goals (SDGs), in particular, SDG 4 (inclusive and equitable quality education and lifelong learning opportunities for all) and SDG 16 (just, peaceful and inclusive societies for sustainable development), students and educators must be empowered with the knowledge, values, capacities, and dispositions needed to address both the opportunities and the challenges of the digital revolution at a time of mass migration, climate degradation and the unsustainable use of natural resources, increased inequalities, growing global divisions and marked fragility of democratic institutions.

This paper explains the main opportunities, challenges, and risks involved in using digital tools in education for international understanding, cooperation and peace, and education relating to human rights and fundamental freedoms.

In addition, to the importance of forms of education oriented around the capacities required in the digital age, derived from approaches in media and information literacy, digital citizenship and global citizenship education.

The research paper is an output of a more exhaustive UNESCO-commissioned global study on online violence against women journalists, with a full-length study published mid-2021. It aims to promote the discussion and elicit information about effective legislative, organisational and normative initiatives aligned to international standards for freedom of expression and designed to protect women journalists.

The research work for this paper consists of: a global survey of 901 journalists from 125 countries conducted in five languages; long-form interviews with 173 international journalists, editors, and experts in the fields of freedom of expression, human rights law, and digital safety; two big data case studies assessing over 2.5 million posts on Facebook and Twitter directed at two prominent women journalists (Maria Ressa in the Philippines and Carole Cadwalladr in the UK) undertaken to validate the self-reporting of our interviewees and survey respondents with objective data; 15 detailed country case studies5; and a literature review covering hundreds of scholarly and civil society research publications. A team of 24 international researchers from 16 countries contributed to the study.

A unique aspect of the research is its focus on understudied developing countries recognising that online violence against women journalists is a global problem but one with disproportionate offline impacts and complex intersectional challenges that inhibit effective responses.

The discussion paper provides hard facts and a detailed analysis of the following key findings:

• Online attacks have real-life impacts. 
• Misogyny intersects with other forms of discrimination. 
• Gendered online violence intersects with disinformation. 
• Online attacks against women journalists have political motives. 
• Social media platforms and news organisations are still struggling to respond effectively. 

The Study builds upon UNESCO’s Internet Universality framework, which helps to identify how the Internet can help to construct global knowledge societies by calling for decision-making about Internet-related issues to respect four principles summarized by the acronym R.O.A.M., namely: human rights-based; open; accessible to all; and with multistakeholder participation.

The study contributes to advancing the fourth principle. It highlights how

multistakeholder participation in Internet governance can support UNESCO’s work in general and the protection of the R.O.A.M. principles in particular. The initial part of the study consists of a review of literature relevant to the principle of multistakeholder participation in Internet governance and published since the World Summit on the Information Society (W.S.I.S.).

In addition, the study investigates how the principle of multistakeholder participation has been applied in practice in four case studies. The study focuses on multistakeholder participation in Internet Governance and related topics that support Internet Universality. In no specific order, the study's case studies move from Kenya to Brazil, South Korea, and an initiative under the auspices of the Internet Governance Forum (IGF).

This paper by Eduardo Bertoni is part of the UNESCO series World Trends in Freedom of Expression and Media Development. It looks at the relationship between journalism and whistleblowers as mutually beneficial and an important tool to protect human rights, fight Corruption, and strengthen Democracy. The paper provides a survey of legal definitions and protections for whistleblowers in jurisdictions around the world. It concludes with good practices and recommendations for improving the protection of whistleblowing by supporting laws, regulations, technologies, and training, among which are:

Promoting and/or strengthening laws and practices that allow for the protection of whistleblower’s identity if they choose; regulations, laws, and practices that will enable journalists to keep confidential their sources of information; technologies that allow whistleblowers to file complaints without revealing their identity; organizations in different parts of the world specialized in giving legal and other support to whistleblowers before or after their statements; journalist training to advise whistleblowers; international standards that oblige States to adopt adequate legislation to advance incentives and avoid negative consequences for disclosures of whistleblowers; legislation that prevents unjustified lawsuits against a whistleblower for their statements and increased dialogue between journalism groups and whistleblowers’ defenders to understand better their roles, responsibilities, and ways to strengthen Democracy and the rule of law.

This brief comes as part of the UNESCO series World Trends in Freedom of Expression and Media Development. The brief addresses how policymakers can best respond to the severe financial crisis threatening the supply of independent journalism. It provides a typology of global responses, assesses their pros and cons, and makes 22 actionable recommendations. These recommendations include: Creating multistakeholder national commissions/task forces to investigate the challenges and propose solutions for mobilizing resources; considering giving tax breaks to local independent news outlets, or vouchers for subscriptions, along with subsidies for hiring local news reporters, especially where the viability of local news is under extreme pressure, or where ‘news deserts’ have evolved; providing subsidies for news entities to hire dedicated journalists to report on critical issues – such as climate change; municipal affairs; elections and threats to Democracy; public health; gender and other diversities, and migration among others. It builds on the Windhoek+30 Declaration, which underlines media viability as a core principle of information as a public good.

These guidelines aim to enhance the knowledge and capacities of prosecutors by providing insight on the conduct or supervision of investigations and advisory assistance to law enforcement agencies; identifying stages and determination for proceedings in cases of crimes against journalists, and preserving the integrity of evidence; emphasizing the importance of protecting journalistic sources; discussing the protection of victims, witnesses, immunities, and advantages for collaborating witnesses;  examining the issue of mutual legal assistance in criminal matter and extradition; recognizing the specificities of gender-based crimes and other forms of hate crimes on journalists, and analyzing post-conflict jurisdictions and transitional justice issues.

These guidelines aim to provide a deeper understanding of the theoretical frameworks underpinning the right to freedom of expression and the safety of journalists and the additional skills to put this theory into practice.

This training manual highlights some key developments that have taken place or are currently being explored, both at an international and a national level. It is aimed at providing guidance for training purposes and in litigation and can be a helpful resource to anyone interested in media freedom, particularly in Africa.

The manual on international and comparative media and freedom of expression law consists of a 136-page guide to the international and relative freedom of expression law, introducing topics ranging from defamation to national security restrictions on free speech.

The manual is also helpful as a stand-alone overview guide to standards on media and freedom of expression law.

The manual and training presentations are for lawyers with litigation experience, but not necessarily of media, freedom of expression or human rights law. It covers international and comparative law only supplemented with relevant national law standards for the country in which they are being used

The paper outlines the various technical mechanisms for implementing a shutdown and the options for mitigating each type. The aim is that technologists and civil society groups working to end shutdowns will find it a valuable technical resource to understand, prepare for, circumvent, and help document deliberate network disruptions.

It is intended to deepen the knowledge of technologists and digital helpdesk practitioners seeking to understand how shutdowns work and mitigate their impact. A glossary is available at the end of the document for a brief explanation of acronyms and technical terms used throughout.

This report by ARTICLE 19 “provides a Europe-wide overview of lawsuits that are taken to stifle scrutiny and public debate on issues such as corruption, mismanagement of public resources, and human rights violations. Such lawsuits, known as strategic lawsuits against public participation (SLAPPs) are taken by powerful individuals in society not necessarily to win cases, but to drag their critics through legal processes that drain them financially and psychologically and ultimately prevent them from exercising their fundamental rights (including freedom of expression or freedom of assembly and association). This report is based on in-depth research on SLAPP litigation against journalists in 11 countries across Europe over the last four years: Belgium, Bulgaria, Croatia, France, Hungary, Ireland, Italy, Malta, Poland, Slovenia, and the UK. Several trends emerge from the country studies.”

This piece is a four-part blog series surveying international intermediary liability laws. Most internet users worldwide interact with online intermediaries – including internet service providers (ISPs), search engines, and social media platforms – regularly. These companies play an essential role in enabling access to information and connecting people across the globe and are significant drivers of economic growth and innovation.

As a result, the policies that intermediaries adopt to govern online marketplaces and platforms significantly shape users’ social, economic, and political lives. Such policies have major implications for users’ fundamental rights, including freedom of expression, freedom of association, and the right to privacy.

This increasingly powerful role played by intermediaries in modern society has prompted a host of policy concerns. One key policy challenge is defining online intermediaries’ legal liability for harms caused by content generated or shared by – or activities carried out by – their users or other third parties.

The piece introduced some background information and explored the global shifts in approaches to intermediary liability laws. Part Two unpacked the different approaches to intermediary liability and looked at regulatory "dials and knobs" available to policymakers. Part Three looked at some new developments taking place around the world. Finally, Part Four dived into EFF’s perspective and provided some recommendations for the future of global intermediary liability policy.

The importance of access to information (ATI) as an internationally

 recognized human right has since been acknowledged. However, the realization of this right for women remains a challenge. While the value of information is clear, particularly for women seeking to promote and protect their rights and advance their economic empowerment, the existing legal, structural, and cultural obstacles also serve as impediments. Stakeholders must use the international mechanisms to engage the issues vigorously, and also national laws and policies must be developed and reviewed through a gendered lens to support women in overcoming the challenges faced in exercising their right to information,

This brief comes as part of UNESCO’s work as the custodian agency for SDG Indicator 16.10.2 on Public Access to Information. With a specific focus on gender parity, the brief look into international and national mechanisms to help overcome the obstacles that women face in exercising their right to information. Some of the recommendations include: To promote gender-sensitive Right to Information (RTI) laws; ensuring ATI practices are gender-sensitive; developing a comprehensive strategy, plan of action and accompanying dedicated budget to ensure that RTI is equitable, including engaging with the ministries responsible for women’s rights/gender/family/youth, other ministerial gender units and Human Rights bodies/ Ombudspersons and encouraging Open Government Partnership Commitments to include national and sub-national actions to advance an equitable right of access to information for all women.

The guidelines are designed explicitly for NHRIs to maximize the use of the UPR at the country level. They provide practical examples for engaging with the UPR before, during and after the review.

It is aimed to secure the active participation of as many parties as possible, and NHRIs are critical participants in this process due to their specialized role in upholding international human rights at the national level.

Hina Jilani, one of the founders of the Human Rights Commission of Pakistan and the first Special Representative of the UN Secretary-General on Human Rights Defender, drafted National Human Rights Institutions guidelines. The guidelines were developed from inputs from National Human Rights Institutions worldwide and finalized in consultation with the Global Alliance of National Human Rights Institutions (GANHRI).

Some of the recommendations include: Keeping parliaments informed of UPR recommendations on improving freedom of expression; drawing attention to restrictions to media freedom online and offline; highlighting recommended legal protections, including for the Safety of women journalists, that may be missing in existing legal frameworks; underline the central characteristic of freedom of expression and access to information as enablers of other rights; among others.

The new research, case studies from 6 countries, practical guidelines, and advocacy tools will help civil society, journalists, researchers, and policymakers to apply an intersectional feminist approach in their work.

This joint report is a continuation of its 2018 predecessor, Informing the “Disinformation” Debate. The 2018 report is among the first civil society organisations to point to platforms’ problematic business models as a fundamental factor in online manipulating people’s economic and political choices. This current report unpacks the main manipulation methods that media engage in that harm fundamental rights. These methods stem directly from the platforms' business models and severely impact the absolute freedom to form an opinion and freedom of thought, including the surveillance-based advertisement, political advertising, amplification of disinformation online via content recommender systems and personalisation of news content.

Previous works informed the analysis of data protection, privacy, freedom of expression and opinion, and freedom of access to information. The primary outcome of this report is a set of policy recommendations addressed to the EU co-legislators focusing on: how to effectively mitigate fundamental rights risks that result from the manipulative methods deployed by large online platforms that exploit people’s vulnerabilities and their sensitive data; and how to combat disinformation in a manner that is fully compliant with fundamental rights standards; phasing out advertising that is based on tracking and targeting based on personal data, including inferred data; mandating accountability for platforms’ delivery algorithms to help ensure proper oversight; ensuring a strong enforcement of the General Data Protection Regulation and the adoption of a strengthened ePrivacy Regulation to eliminate intrusive targeting techniques and limit the spread of disinformation; establishing minimum safeguards for users’ default settings to require an “opt-in” to personalised content recommendations systems rather than the current default “opt-out” in the ongoing discussion on vital digital policies (DSA, DMA, ePrivacy Regulation) among others.

This report examines the outcomes of a three-year pilot project to strengthen human rights due diligence and corporate responsibility among a critical subset of Internet infrastructure providers: registries and registrars.

The pilot project carried out in partnership with three Internet registries and registrars – Stichting Internet Domeinregistratie Nederland (SIDN), Blacknight, and Public Interest Registry (PIR) – was designed to produce a publicly-available model for assessing the particular human rights impacts and risks of Internet infrastructure providers, apply the tool to develop recommendations for each partner company, and educate staff of each partner company on the human rights framework and human rights due diligence.

The project outcome report presents observations, conclusions, and recommendations.

The outcomes of this project, i.e. the report and the human rights assessment tool, are intended to serve as essential resources for Internet infrastructure providers to meet their responsibility to respect human rights, as well as for civil society and academic stakeholders that are working toward the widespread adoption of human rights due diligence across the sector.

The current content moderation practices allow social media companies to have significant power over people’s right to freedom of expression. Despite this, social media platforms are still not accountable for how they moderate the content. To address this, Article 19 came up with an initiative to put forward a model for a multi-stakeholder mechanism for the oversight of content moderation on social media, known as the Social Media Council (SMC). The key objectives of the SMC are to:

Review individual content moderation decisions made by social media platforms based on international standards on freedom of expression and other fundamental rights; provide general guidance on content moderation practices to ensure they follow international standards on freedom of expression and other fundamental rights, and act as a forum where stakeholders can discuss recommendations; use a voluntary-compliance approach to the oversight of content moderation that does not create legal obligations.

Discussions with Irish stakeholders have indicated a genuine interest in creating a pilot SMC in Ireland. This report summarises these discussions and recommends the creation of a working group to carry the project forward.

The new guidelines launched by Article 19 is an advocacy tool for Civil society organisations to promote and protect people’s rights. It explains how civil society organisations can engage with the Special Procedures to help prevent and cease violations, conduct investigations, bring perpetrators to justice, and provide remedies to victims or their families. Using the Special Procedures can be a powerful means of drawing attention to human rights violations and pressuring governments to reform laws and policies and bring about justice. Unlike existing guidelines, they are efficient and uniquely tailored to journalists, human rights defenders, freedom of expression organisations, and civil society groups.

The new guidelines launched by Article 19 is an advocacy tool for Civil society organisations to promote and protect people’s rights. It explains how civil society organisations can engage with the Special Procedures to help prevent and cease violations, conduct investigations, bring perpetrators to justice, and provide remedies to victims or their families. Using the Special Procedures can be a powerful means of drawing attention to human rights violations and pressuring governments to reform laws and policies and bring about justice. Unlike existing guidelines, they are efficient and uniquely tailored to journalists, human rights defenders, freedom of expression organisations, and civil society groups.

The report points out the relevance of gender norms to cybersecurity. It draws on existing research, supplemented by stakeholder and expert interviews, to assess gender-based differences in the social roles and interaction of women, men and non-binary people of all ages reflected in the distribution of power (e.g. influence over policy decisions and corporate governance), access to resources (e.g. equitable access to education, wages or privacy protections), and construction of gender norms and roles (e.g. assumptions regarding victims and perpetrators of cyber-facilitated violence).

It looked at gender norms in two ways. First, gender constructs individual identities, roles and expectations within cybersecurity and broader society, such as the frequent association of technical expertise with men and masculinity. Second, gender operates as a form of hierarchical social structure. This means that activities and concepts associated with masculinity, such as technical expertise, are often, but not always, valued over those associated with women and femininity—concepts such as communications expertise or equality, diversity and inclusion initiatives.

The report proposes a new cyber-centric framework to understand better how gender shapes specific cybersecurity activities. The framework is based on the three pillars of design, defence and response, aligned with overall perspectives among cybersecurity practitioners and policymakers. In each of these three pillars, the research identifies distinct dimensions of cyber-related activities that should be considered from a gender perspective.

The policy brief aims to understand the nature of cyber harassment and the existing policy gaps. The study took an observation method where the researchers observed the Twitter environment over four months. Case studies were picked out of the hashtags and classified into themes.

A key finding is that Kenya has good policies, but the lack of impact of such policies is the problem. Some laws, for example, cover issues such as "revenge porn", sharing of private messages, and defamation, among others. The problem then stems from the perception of the internet as a luxury where one can opt out when things get unpleasant; law enforcement does not take reports of cyber harassment as seriously as they should.

It also revealed that both men and women are victims of cyber harassment. However, it highlighted some differences: women face more cyber harassment than men, and the nature of such harassment is harsher as it focuses on social issues, ranging from body shaming to questioning their career suitability and qualifications.

The fact that Kenya has good policies to deal with online gender-based violence indicates that cyber harassment is not stopped by law but rather by a narrative change.

The policy–brief recommended bringing more women into these spaces to challenge and change the narrative, for example, suggesting that media organisations should support female journalists in information and communications technology (ICT) reporting and other male-dominated fields. It also called for creating online reporting and support platforms as a more direct approach to online harassment.

The report highlights the jurisprudence across the global South on the legality of internet shutdowns. It addresses the growing challenge of government-mandated disruptions of internet access worldwide, mainly under the guise of safeguarding public order and upholding national security interests. The report also considers how internet access restriction has been used to quell dissent, particularly during moments of intense political turmoil such as protests, anniversaries of key historical events, civil unrest, and elections.

This is an APC's contribution to the issue of gender justice and its intersection with the right to freedom of opinion and expression from a feminist perspective. APC acknowledges that technology-mediated environments can hinder expression by exacerbating gender-based violence against women and other people who experience multiple and intersecting forms of exclusion and discrimination in all spheres of human interaction. It also acknowledged that a deep understanding of ICT-related implications is crucial to thwarting potential risks of gender-based violence and its impacts on freedom of expression and opinion.

It highlighted some recommendations that resulted from the research work and shared some good practices to combat online gender-based violence and reinforce the exercise of the rights related to this mandate.

It reflects the main barriers, challenges and threats that result in the curtailment of expression and the chilling effect it has on a wide range of rights, including sexual rights, the right to participate in public affairs, and the right to be free from discrimination, among others. This was done by reviewing the repercussions that gendered disinformation has on women's public participation, activism and work.

The submission also identified the role of governments and social media platforms. It offered recommendations to adopt an integrated approach to gendered disinformation as a problem related to but different from gender-based online violence.

The Authors produced this submission in response to the Office of the High Commissioner for Human Rights for input to a report on internet shutdowns and human rights that will be presented to the 50th session of the Human Rights Council in June 2022.

It outlined the mandated disruptions of communications during the past five years – ranging from complete national internet shutdowns to regional internet shutdowns to social media shutdowns – in four regions (Africa, Asia and the Pacific, Latin America and the Middle East and North Africa), based on the work and reports of APC members.

Furthermore, it looked into the impacts of internet shutdowns, focusing on the following areas: The gender impact of internet shutdowns; the impact of shutdowns on media and journalism; the economic impact of internet shutdowns; the impact of shutdowns on education; social and psychological impacts and impacts on human rights.

The third section explored the various initiatives to promote internet connectivity and digital bridge divides, given the crucial role played by access to the internet for the full exercise of the entire spectrum of human rights in a world where billions of people remain "unconnected".

Lastly, it ended with a series of recommendations aimed primarily at states which include: Calling on states to refrain from engaging in this practice; taking measures to restrict the concentration of digital service provision and networking spaces by a few companies that have led to internet centralization; states and the international community should support the realization of the right of people to shape and use the internet and digital meaningfully

technologies to meet their specific needs and realities, among others.

To commemorate the World Press Freedom Day, ARTICLE 19, Coalition for Human Rights in Development and IFEX relaunched their joint report that examined threats against and censorship of journalists and health workers who reported on or criticized responses to the COVID-19 pandemic  – whether by governments, public development banks or other institutions.

The report, originally published on July 27, 2021, highlights the vicious retaliation against people who raised questions about the responses to the pandemic and exposes how development banks failed to take actions to prevent and address reprisals linked to the COVID-19 projects they supported.

Since the pandemic, doctors, nurses, journalists and other frontline workers have courageously criticized or scrutinized the inadequate responses to COVID-19. Many of them have been threatened, attacked, or arrested for doing so.

Most of the perpetrators of retaliation have primarily been governments and their proxies. These violations have taken place amidst the complete silence and inaction of development banks playing a crucial role in shaping and funding those COVID-19 responses that journalists and defenders are reporting.

On May 3, 2022, the UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Cooperation in Europe (OSCE) Representative on Freedom of the Media, the African Commission on Human and Peoples' Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information and the Organization of American States (OAS) Special Rapporteur on Freedom of Expression launched their 2022 Joint Declaration on Freedom of Expression and Gender Justice. The Joint Declaration sets out important recommendations for States, tech companies, media outlets and other stakeholders.

The Joint Declaration offers a series of recommendations to all key stakeholders – States, the private sector, media outlets and civil society – on promoting gender equity and justice both online and offline to ensure the full and effective exercise of the right to freedom of expression. The Joint Declaration hopes to enshrine itself as an intersectional instrument to encourage all stakeholders to tackle the issue of gender inequality.

 The recommendations include:

• States should remove structural and systemic barriers to equality, as well as discriminatory laws, policies and practices that impede women’s full enjoyment of all human rights;
• States should protect and promote the participation and equality of women in the media sector;
• States should enact specific legislation or update existing laws to prohibit, investigate and prosecute online sexual and gender-based violence;
• Media outlets should increase women's representation as managers and other positions.

In the report, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan, notes that, despite the impressive gains made by women, gender equality in freedom of expression remains a distant goal. Through a gender lens, she examines the challenges that women face, offline and online, and analyses the relevant legal standards and the responsibilities of States and companies. The report reaffirms the mutually reinforcing nature of gender equality and the right to freedom of opinion and expression. The rapporteur underlines the vital importance of their inclusive realization to achieve peace, democracy and sustainable development. The Special Rapporteur also makes specific recommendations to States, the international community and companies to create an enabling environment and safe digital space for women's equal enjoyment of freedom of opinion and expression.

The report focused on the content of the right to freedom of expression and assessed restrictions to the right. The first session assessed the international human rights framework on the right to freedom of expression as set out in international treaties and other appropriate resources to distil the key elements of the right. While the second session looked at the legal position on the circumstances under which the right to freedom of expression may be limited. Session three explored the key case studies across Southern Africa that raised serious concerns about existing or prospective laws that would likely stifle the right to freedom of expression. The last session used a forward-looking approach to consider what strategies can be used to safeguard the right to freedom of expression and set out recommendations for different stakeholder groups, including state and Private Sector Actors. Some of the commendations include:  States should expressly recognise in their domestic frameworks that the right to freedom of expression – as contained in constitutional, regional and international human rights frameworks – applies equally both on- and offline; States should not engage in or condone any disruption of access to the internet and other digital technologies for segments of the public or an entire population; Private sector actors, including ISPs and social media platforms, should not impose content filtering systems that are not end-user controlled; Private sector actors should ensure that products designed to facilitate end-user filtering are accompanied by clear information to end-users about how they work and their potential pitfalls in terms of over-inclusive filtering among others.

The report did not cover all the laws in the respective countries in Southern Africa. Instead, it identified those laws that are seen to be of most concern in the present time, taking into account the country's political, social, and economic landscape.

It identified the key trends and recommendations for states, private sector actors and civil society to consider in developing laws, policies and measures that impact the right to freedom of expression.

The need for this report was identified at a meeting of the Southern African members of the African Declaration on Internet Rights and Freedoms (AfDec) Coalition. It was recognised that while the right to freedom of expression is firmly entrenched at the domestic, regional and international levels, the realisation of this right remains a struggle in practice, particularly in the digital era. 

This article explores how national and regional responses to the COVID-19 pandemic have impacted human rights online. It also examines the widening digital divide and the role telecommunication policy and regulatory frameworks play in closing these gaps. Two preliminary observations inform the article. First, regional state and non-state actors predominantly view the pandemic through clinical lenses while essentially projecting its current and anticipated impact in public health and socioeconomic terms. Second, the responses have been state-centred, resulting in widening the digital divide and violating digital rights, such as the right to information and freedom of expression.

It compared inequalities online and offline, especially as it affects work and education and how this is impacted by the digital divide and the potential capacity of community networks in Africa to provide access during and beyond COVID-19. 

Lastly, it discusses the importance of bottom-up approaches to fighting the pandemic and the role of community and community-based organisations such as community networks, radios and health centres.

This report sought to explore the impact of the recent internet shutdown on journalists during the election period in Uganda. It highlights the findings of a preliminary study that sought to establish the effect of the internet shutdown on the media's role in covering and relaying information to citizens in an electoral process. In addition, it reveals the experiences journalists have with the internet shutdown and how it affects their work both in the city and countryside.

The study used qualitative and quantitative data collection tools that included conducting in-depth interviews with journalists and representatives of media houses.

It also explored, among other issues, how the development of technology, specifically the internet, is complementing the role of the media in Uganda and the economic impact of the internet shutdown on individual journalists and media houses.

This analysis can inform remedial and mitigatory steps to protect the right to privacy, including strategic litigation, capacity building, and advocacy for legislative and policy reforms. Moreover, the results of this analysis are also crucial for monitoring developments and trends in privacy regulation and practice in the region.

The new preliminary report presents findings of a study that seeks to establish the impact of a national identity card system in Uganda (commonly known as “Ndaga Muntu") on people's economic, social and cultural rights concerning the state's obligations to provide services. The research obtains a random sample of 76 respondents (53% male and 47% female). Data was collected using qualitative and quantitative tools and was analysed using Excel and Stata software.

From the findings, 25% of male and 13% of female respondents were uncomfortable with sharing a lot of personal information before getting an ID. Information relating to ethnicity, tribe, parents' details, TIN, occupation, address and spouse details were considered an invasion of their privacy and a ploy by the government to spy on them.

The most significant data insecurity and mistrust levels were among those over 50 and under 30 years. The reason given for this was that there were high chances of data misuse, bribery and data hacking. Among the sampled respondents, most had no problem with their data written on the front and the back of the card, although they wanted a phone number added on the ID for easy contact if it was lost or in case of an emergency.

Out of the total population sampled, only 12% of respondents had obtained their National IDs at the study time. A proportion of 88% had submitted their registration forms but had not received their National IDs, having waited for over six months.

The report recommended that the parliament of Uganda should review section 66 of the Registration of Persons Act, 2015. Suspend the pre-conditioning of the enjoyment of basic fundamental freedoms and rights to a National ID immediately until the National Identification and Regulatory Authority (NIRA) has the total capacity to deliver on its mandate. The government should strengthen NIRA's human, financial, and technical resources to efficiently and effectively execute the agency's mandate of providing National ID to Ugandans promptly, among others.

The new preliminary report presents findings of a study that seeks to establish the impact of a national identity card system in Uganda (commonly known as “Ndaga Muntu") on people's economic, social and cultural rights concerning the state's obligations to provide services. The research obtains a random sample of 76 respondents (53% male and 47% female). Data was collected using qualitative and quantitative tools and was analysed using Excel and Stata software.

From the findings, 25% of male and 13% of female respondents were uncomfortable with sharing a lot of personal information before getting an ID. Information relating to ethnicity, tribe, parents' details, TIN, occupation, address and spouse details were considered an invasion of their privacy and a ploy by the government to spy on them.

The most significant data insecurity and mistrust levels were among those over 50 and under 30 years. The reason given for this was that there were high chances of data misuse, bribery and data hacking. Among the sampled respondents, most had no problem with their data written on the front and the back of the card, although they wanted a phone number added on the ID for easy contact if it was lost or in case of an emergency.

Out of the total population sampled, only 12% of respondents had obtained their National IDs at the study time. A proportion of 88% had submitted their registration forms but had not received their National IDs, having waited for over six months.

The report recommended that the parliament of Uganda should review section 66 of the Registration of Persons Act, 2015. Suspend the pre-conditioning of the enjoyment of basic fundamental freedoms and rights to a National ID immediately until the National Identification and Regulatory Authority (NIRA) has the total capacity to deliver on its mandate. The government should strengthen NIRA's human, financial, and technical resources to enable efficiency and effective execution of the agency's mandate of providing National ID to Ugandans promptly, among others.

This research report seeks to draw out the analytical category of "hated speech" to define an affective dimension of communication and the communicative dimension of hate. It focused on those at the receiving end of hate - speaking up against injustices and speaking truth to power and experiences and observations of what it means to speak truth to power and receive hate as it is manifested through varying degrees of violence across various instances.

The research report presents three sections in understanding hated speech drawing on the responses from 15 interviewees": (a) forestalling speech, (b) speech in polarised and reactionary contexts, and (c) speaking for oneself in one's voice. The report ends by enunciating hope, reflecting on possibilities and pathways for solidarity building and reflexive collective action.

In India, religious texts, social customs, rituals, and everyday cultural practices legitimise the use of hate speech against marginalised caste groups. Notions of "purity" of “upper-caste” groups, and conversely of "pollution" of “lower-caste” groups, have made the latter subject to discrimination, violence and dehumanisation. These dynamics invariably manifest online, with social media platforms becoming sites of caste discrimination and humiliation.

This report explores two research questions. First, what are the specific contours of caste-hate speech and abuse online? Semi-structured interviews with 12 scholars and activists belonging to Dalit, Bahujan and Adivasi (DBA) groups show that marginalised groups regularly face hate and harassment based on their caste. In addition to the overt hatred, DBA individuals and groups are often targeted with abuse for availing reservations – a constitutionally mandated right. More covert forms of hate and abuse are also prevalent: trolls mix caste names and words from different languages to make their comments meaningless to individuals who are not keenly aware of the local context.

Such hateful expression often emerges as a reaction from "upper-caste" groups to DBA resistance and social justice movements. Our respondents reported that the hateful expression could sometimes silence caste-marginalised groups and individuals, exclude them from conversations, and adversely impact their physical and mental well-being.

The second question is how popular social media platforms and online spaces moderate caste-hate speech and abuse? The community guidelines, policies and transparency reports of Facebook, Twitter, YouTube and Clubhouse were analysed. The report showed that Facebook, Twitter, and YouTube incorporated "caste" as a protected characteristic in their hate speech and harassment policies only in the last two or three years – many years after entering Indian and South Asian markets – showing a disregard for the regionalism contexts of their users. Even after these policy changes, many platforms – whose forms for reporting harmful content list gender and race – still do not list caste.

This study sets out to analyse the qualitative impact of fake news on Indonesia's racial, ethnic and sexual minority communities. Indonesia presents an interesting case, given how the effect of disinformation in the country has been particularly pronounced. The rampant spread of disinformation extensively impinged the integrity of the Jakarta gubernatorial elections in 2017 and the presidential elections in 2019. It has also been implicated in long-standing ethno-religious violence and discrimination against minority groups. This study investigates three research questions: first, what disinformation campaigns affecting minority groups have emerged in Indonesia? Next, how have these campaigns influenced and shaped the social behaviour of minorities? Lastly, how is the state implicated in the problem, and to what extent are state responses considered adequate? The study draws on primary data collected through interviews with Indonesian citizens belonging to influential minority groups.

The study seeks to understand the perception of everyday Nigerian social media users towards government's attempt to regulate social media, amidst the recently proposed Social Media Regulation Bill by the Nigerian lawmakers. The respondents randomly selected for this study were the University of Abuja students and the researcher adopted the survey research design to collect information from the population through questionnaires. The findings indicated that despite respondents' awareness of the possible demerits of unregulated social media, majority of them (54%) kick against the idea of social media regulation, while a substantial (46%) support the move on the provision that it is not politicized. The study, therefore, recommends transparency and openness on the part of government officials for better cooperation by the public.

The article examines the notion of media freedom and the development of two cultures of media freedom. The negative rights approach which is more prevalent in US law is increasingly separated from the more positive rights approach of international human rights and the ECHR. The article outlines the elements of a conditional, institutional approach to media freedom that combines both positive and negative approaches. The article examines the implications of this theory for some contemporary policy questions about the regulation of internet intermediaries in Europe.

On March 20, 2022, ARTICLE 19 submitted its response to the European Commission’s Public Consultation for the European Media Freedom Act (EMFA), legislation which aims to ensure that media freedom and pluralism are the pillars of democracy in the EU. ARTICLE 19 lauds the initiative, as it has long warned that the EU law should consider media not simply as economic actors, but recognise independent journalism as a public good that needs protecting in its own right. Its submission makes several recommendations on how the EMFA should achieve these goals and improve the protection of the freedom of the media in the EU and beyond. 

ARTICLE 19’s three practical guidelines focus on how an intersectional gender approach can enhance the safety of all women journalists – and how civil society organisations can mainstream this into their work. The new guidelines provide practical recommendations for how civil society organisations working on the safety of journalists can implement this approach.

The guide provides some insights on how African journalists may best protect themselves going forward, while the report maps the challenges experienced by the media and proposes solutions for sustaining good journalism in the continent. “The Safety Guide for Journalists covering Pandemics in Africa was co-funded by UNESCO’s Multidonor Programme on Freedom of Expression and the Safety of Journalists (MDP) and the #Coronavirusfacts project supported by the European Union.

It represents the culmination of a qualitative study conducted in sixteen African countries from the five regions of Africa: North, Southern, West, Eastern and Central Africa. The study was informed by international trends prevalent in media revealed by research. Interviews were conducted in the selected countries and were subjected to thematic analysis to discover the common themes in the diverse media landscapes represented in the sample.

ARTICLE 19 and IFEX launched the first in a series of #JournoSafe AdvoSheets, comprehensive but easy-to-use advocacy tools for media freedom and safety of journalists’ advocates. To mark International Women’s Day, the first AdvoSheet focuses on protecting women journalists, setting out what States must do to protect journalists, their obligations under international human rights law and their commitments

In this resolution, the Human Rights Council, guided by the purposes and principles of the Charter of the United Nations, reaffirmed that the right to freedom of opinion and expression, both online and offline, is a human right guaranteed to all, in accordance with article 19 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights, that it constitutes one of the essential foundations of democratic societies and development, and that it is critical to combating corruption, recognized that the effective exercise of the right to freedom of opinion and expression is an important indicator of the level of protection of other human rights and freedoms, and bearing in mind that all human rights are universal, indivisible, interdependent and interrelated, and acknowledged the important role of business enterprises in the exercise of the right to freedom of opinion and expression and in enabling access to information.

Called on all States to promote, protect, respect and ensure the full enjoyment of the right to freedom of opinion and expression, both online and offline, and to take all measures necessary to put an end to and to prevent violations and abuses of these rights and ensure that relevant national legislation complies with their international human rights obligations and is effectively implemented.

The Global Expression Report is a global, data-informed, annual look at freedom of expression worldwide (The Global Expression Report's metric (the GxR Metric) tracks freedom of expression worldwide). The report explores the benefit of data and hindsight explores the state of freedom of expression in the world, key trends in 2020 and how global events affected the exercise of the right to freedom of expression. The report used 25 indicators to create overall freedom of expression score for every 161 countries, placing it in an expression category on a scale of 1 to 100.

“In May 2019, the United Nations Secretary-General introduced the U.N. Strategy and Plan of Action on Hate Speech, an influential campaign that poses serious risks to religious and political minorities because its definition of hate speech parallels elements common to blasphemy laws. U.N. human rights entities have denounced blasphemy laws because they are vague, broad, and prone to arbitrary enforcement, enabling the authorities to use them to attack religious minorities, political opponents, and people who have minority viewpoints. Likewise, the Strategy and Plan of Action’s definition of hate speech is ambiguous and relies entirely on subjective interpretation, opening the door to arbitrary and malicious accusations and prosecutions. The campaign gives cover to countries that want to continue their blasphemy laws—under the guise of banning hate speech—with the endorsement of the United Nations. Indeed, examples of enforcement of hate speech laws in Indonesia, Russia, North Macedonia, and Denmark reveal that countries use these laws, just as they use blasphemy laws, to punish the expression of minority viewpoints. This Article is the first to highlight the dangers posed to religious and political minorities by the U.N. Strategy and Plan of Action on Hate Speech, which will only become more influential within the United Nations and across U.N. Member States the longer it is left unchecked. This Article shows human rights advocates and Member States that support minority rights why they must immediately denounce and call for the revocation of the campaign.”