Expression Worldwide Freedom of expression law clinic Zagreb, 2 - PowerPoint PPT Presentation

Media Legal Defence Initiative Protecting Freedom of Expression Worldwide Freedom of expression law clinic Zagreb, 2 October 2014 Nani Jansen Legal Director, MLDI www.mediadefence.org facebook.com/mediadefence twitter.com/MLDI Defending Media Freedom Worldwide

Media Legal Defence Initiative Outline Overview of freedom of expression in international human rights law: - International standards on freedom of expression - Regional standards on freedom of expression - How are these used in practice by MLDI - Absorption of norms across instruments and by national courts Defending Media Freedom Worldwide

Media Legal Defence Initiative Overview of Freedom of Expression in international human rights law • International Standards : Universal Declaration, ICCPR: Art. 19 • Regional Standards : European Convention Art. 10, African Charter Art. 9, Inter-American Convention Art. 13, ASEAN Declaration Art. 23 National Standards : virtually all national constitutions • protect freedom of expression • Norm of customary international law? Defending Media Freedom Worldwide

Media Legal Defence Initiative Structure of Articles recognising right to Freedom of Expression Using Article 19 ICCPR as an example: 1. Art 19 (1) and (2): state the right 2. Art 19 (3): indicates within which parameters the right may be restricted Defending Media Freedom Worldwide

Media Legal Defence Initiative Duties on the State Being largely treaty-based, international human rights law works by imposing duties on States. Negative obligation: not to interfere with enjoyment of the • right • Positive obligation: to promote, protect and create conditions for the enjoyment of the right Defending Media Freedom Worldwide

Media Legal Defence Initiative International Standards on Freedom of Expression Defending Media Freedom Worldwide

Media Legal Defence Initiative (1) Universal Declaration of Human Rights Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Defending Media Freedom Worldwide

Media Legal Defence Initiative (2) International Covenant on Civil and Political Rights Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. Defending Media Freedom Worldwide

Media Legal Defence Initiative (2) International Covenant on Civil and Political Rights Article 19 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. Defending Media Freedom Worldwide

Media Legal Defence Initiative International Human Rights Mechanisms • UN Human Rights Committee • UN Working Group on Arbitrary Detention • United Nations Educational, Scientific, and Cultural Organization (UNESCO) • UN Special Rapporteurs Defending Media Freedom Worldwide

Media Legal Defence Initiative Some examples • Le Quoc Quan • Alaa Abd El Fattah • Reeyot and Eskinder • Pakistan YouTube Defending Media Freedom Worldwide

Media Legal Defence Initiative Viet Nam: Le Quoc Quan Defending Media Freedom Worldwide

Media Legal Defence Initiative Egypt: Alaa Abd El Fattah Defending Media Freedom Worldwide

Media Legal Defence Initiative Ethiopia: Eskinder Nega & Reeyot Alemu Defending Media Freedom Worldwide

Media Legal Defence Initiative Pakistan: YouTube Defending Media Freedom Worldwide

Media Legal Defence Initiative Regional Standards on Freedom of Expression Defending Media Freedom Worldwide

Media Legal Defence Initiative (1) European Convention on Human Rights Article 10(1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. Defending Media Freedom Worldwide

Media Legal Defence Initiative (1) European Convention on Human Rights Article 10(2) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. Defending Media Freedom Worldwide

Media Legal Defence Initiative (2) African Charter on Human and Peoples’ Rights Article 9 1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the law. Defending Media Freedom Worldwide

Media Legal Defence Initiative (3) American Convention on Human Rights Article 13(1) Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice. Defending Media Freedom Worldwide

Media Legal Defence Initiative (3) American Convention on Human Rights Article 13(2) The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: a. respect for the rights or reputations of others; or b. the protection of national security, public order, or public health or morals. Defending Media Freedom Worldwide

Media Legal Defence Initiative (3) American Convention on Human Rights Article 13(3) The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions. Defending Media Freedom Worldwide

Media Legal Defence Initiative (3) American Convention on Human Rights Article 13(4) Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence. Defending Media Freedom Worldwide

Media Legal Defence Initiative (3) American Convention on Human Rights Article 13(5) Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law. Defending Media Freedom Worldwide

Media Legal Defence Initiative (4) ASEAN Human Rights Declaration Article 23 Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice. Defending Media Freedom Worldwide

Media Legal Defence Initiative (4) ASEAN Human Rights Declaration Article 8 The human rights and fundamental freedoms of every person shall be exercised with due regard to the human rights and fundamental freedoms of others. The exercise of human rights and fundamental freedoms shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the human rights and fundamental freedoms of others, and to meet the just requirements of national security, public order, public health, public safety, public morality, as well as the general welfare of the peoples in a democratic society. Defending Media Freedom Worldwide

Media Legal Defence Initiative Regional Human Rights Mechanisms • European Court of Human Rights • African Commission/Court on Human and Peoples’ Rights • Inter-American Commission/Court of Human Rights • ASEAN Intergovernmental Commission on Human Rights • … and others Defending Media Freedom Worldwide

Media Legal Defence Initiative Some examples • Khadija Ismayilova • Agnes Uwimana & Saidati Mukakibibi • Lohe Issa Konate • Marcel Granier et al v. Venezuela Defending Media Freedom Worldwide