Harmful Interference and Human Rights Olga Batura Collaborative - - PowerPoint PPT Presentation

Harmful Interference and Human Rights

Olga Batura Collaborative Research Center 597 „Transformations of the State“ University of Bremen

Presentation outline

1) What human rights? 2) Unlawful jamming 3) Lawful jamming

EU's Freedom to conduct business

Article 16 ECFR The freedom to conduct a business in accordance with Community law and national laws and practices is recognised.

International instruments of protection of freedom of information

Article 19 UDHR

Everyone has the right to freedom of

• pinion and expression; this right includes

freedom to hold

• pinions

without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 19(2) ICCPR

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

• f art, or through any other media of his

choice. Article 13(1) ACHR Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas

• f

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. Article 10(1) ECHR 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.

International instruments of protection of freedom of information

Article 19 UDHR

Everyone has the right to freedom of

• pinion and expression; this right includes

freedom to hold

• pinions

without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 19(2) ICCPR

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

• f art, or through any other media of his

choice. Article 13(1) ACHR Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas

• f

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. Article 10(1) ECHR 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.

International framework ensuring freedom of informaiton

Examples:

– Article 45 ITU Constitution – Article 15.1 ITU Radio Regulations – Activity of the ITU Radio Regulations Board – Customary law principle of freedom of broadcasting

International instruments of protection of freedom

• f information: limits

Article 29 (2) and (3) UDHR

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms

• f others and of meeting the just requirements of

morality, public order and the general welfare in a democratic society. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 19 (2) ICCPR

The exercise of the rights provided for in para. 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.

Article 13 (2) ACHR

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.

Article 10 (2) ECHR

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

• r 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.

Prerequisites for restriction of freedom

• f informaiton

1) Provided by law 2) Serve one of the listed purposes

a) Respect of the rights (and reputations) of others b) National security/ safety c) Public policy/ ordre public d) Public health e) Public morals

3) Be necessary for attaining of this purpose (proportionality)

Preliminary conclusions

Jamming may be ...

– Violation of freedom of expression and information

• f the broadcaster and the audience respectively

– Means of protection of human rights (other than

freedom of informaiton) and other valuable rights and interests

Illegal propaganda as a ground for restriction of freedom of information

Article 20 ICCPR

• 1. Any propaganda for war shall be prohibited by law.
• 2. Any advocacy of national, racial or religious hatred that

constitutes incitement to discrimination, hostility or violence shall be prohibited by law. Article 13 (5) ACHR Any propaganda for war and any advocacy of national, racial,

• r 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.

Preliminary conclusions

Jamming may be ...

– Violation of freedom of expression and information

• f the broadcaster and the audience respectively

– Means of protection of human rights (other than

freedom of informaiton) and other valuable rights and interests

– Lawful and even necessary where freedom of

information is abused (warmongering propaganda)

State sovereignty as a ground for restriction of freedom of informaiton

• Control of the State territory and population,

including regulation and control of disseminated communications

• Inalienable right to choose State's political,

economic, social and cultural systems

• Duty not to interfere with the domestic affairs of
• ther States

➔ Respect of national identities and cultural traditions,

also when broadcasting

Conclusions

Jamming may be ...

– Violation of freedom of expression and information

• f the broadcaster and the audience respectively

– Means of protection of human rights (other than

freedom of informaiton) and other valuable rights and interests

– Lawful and even necessary where freedom of

information is abused (warmongering propaganda)

– Justified on the grounds of State sovereignty where

an intentional unlicensed satellite broadcast is perceived as a violation of the non-interference principle