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

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

Oct 07, 2022 99 likes •459 views

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

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Media Legal Defence Initiative Defending Media Freedom Worldwide

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

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Media Legal Defence Initiative Defending Media Freedom Worldwide

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

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Media Legal Defence Initiative Defending Media Freedom Worldwide

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?
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Media Legal Defence Initiative Defending Media Freedom Worldwide

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

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Media Legal Defence Initiative Defending Media Freedom Worldwide

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

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Media Legal Defence Initiative Defending Media Freedom Worldwide

International Standards

  • n Freedom of Expression
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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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

  • rder (ordre public), or of public health or morals.
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Media Legal Defence Initiative Defending Media Freedom Worldwide

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
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Media Legal Defence Initiative Defending Media Freedom Worldwide

Some examples

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

Viet Nam: Le Quoc Quan

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Media Legal Defence Initiative Defending Media Freedom Worldwide

Egypt: Alaa Abd El Fattah

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Media Legal Defence Initiative Defending Media Freedom Worldwide

Ethiopia: Eskinder Nega & Reeyot Alemu

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Media Legal Defence Initiative Defending Media Freedom Worldwide

Pakistan: YouTube

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Media Legal Defence Initiative Defending Media Freedom Worldwide

Regional Standards

  • n Freedom of Expression
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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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

  • r rights of others, for preventing the disclosure of information

received in confidence, or for maintaining the authority and impartiality of the judiciary.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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

  • ther medium of one's choice.
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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

(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.

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Media Legal Defence Initiative Defending Media Freedom Worldwide

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
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Media Legal Defence Initiative Defending Media Freedom Worldwide

Some examples

  • Khadija Ismayilova
  • Agnes Uwimana & Saidati Mukakibibi
  • Lohe Issa Konate
  • Marcel Granier et al v. Venezuela
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Azerbaijan: Khadija Ismayilova

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Rwanda: Agnes Uwimana & Saidati Mukakibibi

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Burkina Faso: Lohé Issa Konaté

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Venezuela: Marcel Granier et al.

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Do the mechanisms influence each other?

  • Varied landscape
  • Difficult to tell from judgments
  • Special Rapporteurs do liaise explicitly on important

matters

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Media Legal Defence Initiative Defending Media Freedom Worldwide

Do the national courts adopt international norms?

  • Varied landscape, also depends on monist/dualist system
  • Difficult to tell from judgments
  • Research gap
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Questions?