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 Article 19(2) ICCPR Everyone has the right to freedom of Everyone shall have the right to freedom of opinion and expression; this right includes expression; this right shall include freedom freedom to hold opinions without to seek, receive and impart information and interference and to seek, receive and ideas of all kinds, regardless of frontiers, impart information and ideas through any either orally, in writing or in print, in the form media and regardless of frontiers. of art, or through any other media of his choice. Article 10(1) ECHR Article 13(1) ACHR Everyone has the right to freedom of Everyone has the right to freedom of expression. This right shall include freedom thought and expression. This right includes to hold opinions and to receive and impart freedom to seek, receive, and impart information and ideas without interference information and ideas of all kinds, by public authority and regardless of regardless of frontiers, either orally, in frontiers. writing, in print, in the form of art, or through any other medium of one's choice.
International instruments of protection of freedom of information Article 19 UDHR Article 19(2) ICCPR Everyone has the right to freedom of Everyone shall have the right to freedom of opinion and expression; this right includes expression; this right shall include freedom freedom to hold opinions without to seek, receive and impart information and interference and to seek, receive and ideas of all kinds, regardless of frontiers, impart information and ideas through any either orally, in writing or in print, in the form media and regardless of frontiers. of art, or through any other media of his choice. Article 10(1) ECHR Article 13(1) ACHR Everyone has the right to freedom of Everyone has the right to freedom of expression. This right shall include freedom thought and expression. This right includes to hold opinions and to receive and impart freedom to seek, receive, and impart information and ideas without interference information and ideas of all kinds, by public authority and regardless of regardless of frontiers, either orally, in frontiers. writing, in print, in the form of art, or through any other medium of one's choice.
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 of information: limits Article 19 (2) ICCPR Article 29 (2) and (3) UDHR The exercise of the rights provided for in para. 2 of this In the exercise of his rights and freedoms, everyone article carries with it special duties and responsibilities. shall be subject only to such limitations as are It may therefore be subject to certain restrictions, but determined by law solely for the purpose of securing these shall only be such as are provided by law and are due recognition and respect for the rights and freedoms necessary: of others and of meeting the just requirements of morality, public order and the general welfare in a (a) for respect of the rights or reputations of others; democratic society. (b) for the protection of national security or of public These rights and freedoms may in no case be order (ordre public), or of public health or morals. exercised contrary to the purposes and principles of the United Nations. Article 10 (2) ECHR Article 13 (2) ACHR The exercise of these freedoms, since it carries with it The exercise of the right provided for in the foregoing duties and responsibilities, may be subject to such paragraph shall not be subject to prior censorship but formalities, conditions, restrictions or penalties as are shall be subject to subsequent imposition of liability, prescribed by law and are necessary in a democratic which shall be expressly established by law to the society, in the interests of national security, territorial extent necessary to ensure: integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the a. respect for the rights or reputations of others; or protection of the reputation or rights of others, for b. the protection of national security, public order, or preventing the disclosure of information received in public health or morals. confidence, or for maintaining the authority and impartiality of the judiciary.
Prerequisites for restriction of freedom of 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 of 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, 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.
Preliminary conclusions Jamming may be ... – Violation of freedom of expression and information of 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 other States ➔ Respect of national identities and cultural traditions, also when broadcasting
Conclusions Jamming may be ... – Violation of freedom of expression and information of 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
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