"Overall, the situation of press freedom in Somalia between May 2020 and May 2021 has continued to experience a sharp and unfortunate decline. In total, FESOJ recorded the murder of 2 journalists – as a resulted of targeted killing, 52 arrests, assault and injury to 9 reporters in the line of duty
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, as well as threats, intimidation and government influenced firing of at-least 71 journalists across the country. As the country gears for long-awaited elections, the impact of the political stalemate on the practice of journalism has been negative – with more violence and threats inflicted on media workers. In 2021, based on data collected by FESOJ, state authorities such as the police and the national intelligence service, more commonly known as NISA account for the majority of the violence, threats and arbitrary arrests against journalists. The 2021 data shows 51% (71 cases) increase in physical attacks, threats and intimidation compared to 2020 in which FESOJ recorded violence and threats against 47 journalists and media workers." (Executive summary)
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"This toolkit on international standards for freedom of expression builds on these efforts, aiming to give a global scope to this endeavour. By reinforcing the knowledge and capacities of the judiciary, the toolkit effectively contributes to the implementation of the UN Plan of Action on the Safety
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of Journalists and the Issue of Impunity, adopted by the UN Chief Executives Board in 2012 and recognized by the UN General Assembly in 2013. The Plan of Action aims to create “a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide”. It is our hope that this toolkit will be a useful tool for judges, public prosecutors, judicial training institutes, academics and judicial actors at large, so that respect for freedom of expression, public access to information, and the safety of journalists become an integral part of efforts to guarantee and promote human rights in our societies." (Abstract)
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"This guide aims to provide practical information and guidance to civil society organisations who consider intervening in cases before national or international courts as so-called ‘amicus curiae’ or ‘third party intervener’. It is focused on interventions in cases concerning freedom of expr
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ession and the safety of journalists, but the information it provides is broadly applicable to other human rights cases as well. The legal term often used for these interventions is ‘amicus curiae intervention’. ‘Amicus curiae’ is a Latin term that literally means ‘friend of the court’. It indicates a person or organisation who participates in the case to provide an external perspective, independent from the parties. There are different interpretations as to what the ‘proper’ role of an amicus curiae is. This guide uses the term to describe a civil society organisation that intervenes in a case which is closely connected with that organisation’s mission (for example, a media freedom NGO intervening in the case of a journalist standing trial for defamation) to provide their perspective on the case. In some countries and before some courts, the term ‘third party’ or ‘third party intervener’ is preferred." (Introduction)
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"The collection of stories presented here aims to highlight the impact of the MDP's (Multi-Donor Programme on Freedom of Expression and Safety of Journalists) MDP’s actions over the course of this challenging year. Through testimonies from beneficiaries and partners who aspire to improve freedom o
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f expression and access to information locally, you will learn about the MDP’s multifaceted emergency response to the COVID-19 crisis. Through capacity building, the MDP supported journalists in several countries to learn how to protect their physical and mental health while reporting on the pandemic. This emergency response also involved ensuring local communities’ access to reliable information through support to community media, bolstering citizens’ resilience to the disinfodemic through Media and Information Literacy programmes, as well as journalism education through a global MOOC on debunking disinformation and reporting on the health crisis in a factual, scientific manner." (Editorial, page 2)
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"Technologists at Amnesty Tech’s Security Lab were able to identify traces of NSO’s “zero-click” attacks (malware infections that require no interaction with the target) through cutting edge forensic analysis, including by linking these new attacks to previously documented attacks on human r
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ights defenders (HRDs) using NSO Group software.3 This project was a crucial and overdue breakthrough of transparency in an industry stubbornly resistant to it, which relied on the collaborative efforts of all involved. It is important to note, however, that the success of such investigative efforts was never guaranteed, and these disclosures cannot represent the only form of check on industry participants and state actors. The stories published as a result of this collaboration speak for themselves. In this briefing, Amnesty International’s goal is to contribute to the discussion by highlighting some of the key insights from the perspective of international law, particularly international human rights law, that come out of the reporting and technical analyses. These include: the improper breadth of targeting under international human rights law, which is also out of line with the company’s stated rationale of selling its products to help its clients combat crime, including terrorism-related conduct; the clandestine nature of the tool that facilitates its illegal use and operation; the serious human rights violations that have resulted; the total impunity of states and companies in deploying this targeted digital surveillance tool; and the failure of states to fulfil their obligation to protect them from this unlawful hacking and surveillance." (Introduction, page 4)
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"[...] governments have put up barriers to activities like reporting and sharing opinions and used the pandemic as a pretext to muzzle critical voices. Amnesty International is concerned that Covid-19 related restrictions are not just temporary measures but are part of an ongoing onslaught on human
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rights and civic space. In addition, misinformation on different aspects of the pandemic has contributed to behaviours such as vaccine hesitancy. The overabundance of false and misleading information, facilitated by social media platforms, makes it harder than ever for individuals to form a fully informed opinion and make choices about their health based on the best available scientific facts. The report ends with a list of recommendations, urging States to stop using the pandemic as an excuse to silence independent reporting, debate and scrutiny and urgently lift all undue restrictions as a key approach to protecting the right to health and enabling an inclusive recovery. States should also provide credible, reliable, accessible, objective and evidence-based information, enable independent, public interest journalism and independent civil society, and engage diverse communities. Amnesty International urges social media companies to also take measures to address the viral spread of misinformation, including by improving the transparency and oversight of their business practices, policies and procedures." (Back cover)
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"From a legal point of view, chilling effect may be defined as the negative effect any state action has on natural and/or legal persons, and which results in pre-emptively dissuading them from exercising their rights or fulfilling their professional obligations, for fear of being subject to formal s
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tate proceedings which could lead to sanctions or informal consequences such as threats, attacks or smear campaigns. State action is understood in this context as any measure, practice or omission by public authorities which may deter natural and/or legal persons from exercising any of the rights provided to them under national, European and/or international law, or may discourage the potential fulfilment of one’s professional obligations (as in the case of judges, prosecutors and lawyers, for instance).
While there could be situations where state action might unintentionally produce a “chilling effect” on natural and/or legal persons, national authorities may also deliberately adopt measures, undertake specific actions and/or fail to react with the view of unlawfully dissuading lawful behaviours they do not approve of. Three main “techniques” to dissuade natural or legal persons from exercising their rights can be briefly outlined in this respect: (i) The adoption of deliberately ambiguous legal provisions; (ii) The arbitrary enforcement of these provisions against the most vocal critics of the autocratic-minded authorities of the day—be they opposition politicians, journalists, judges, prosecutors, lawyers, academics or civil society groups—if only to “send a message” to the public at large; (iii) The adoption of disproportionate sanctions, as this will in turn further discourage people from exercising their rights and/or obligations and therefore limit the need for future arbitrary enforcement of the relevant legal provisions whose lack of foreseeability is intentional.
In short, chilling effect is primarily about public authorities, directly or through proxies, aiming to create a climate of self-censorship regardless of whether the conduct being contemplated is protected under national and/or European law." (What is chilling effect, pages 4-5)
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"The Internet Shutdown policy implemented at Papua and West Papua in 2019 has created a competing narrative between the government and the civil society. The main narration championed to justify the Internet Shutdown by the government is the concern of the national security whereas the civil society
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argues that Internet Shutdown is a form of human rights violation. These competing narratives brought forth a new sort of dynamics in a polemic surrounding a policy. This paper aims to discuss the dynamics between people and state where cyber power plays a huge role within the context of the polemic surrounding Internet Shutdown policy in Papua and West Papua. Data is gathered through interviews with stakeholders and various media content relating to the issue analyzed qualitatively. Results find that the interaction between people, state, and cyber power in the Internet Shutdown policy paints a dynamic picture involving repression, delegations of cyber power, and the future where Indonesia is heading into a paradox where it exists as a democratic country being under a digital authoritarianism regime." (Abstract)
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"In this policy, ARTICLE 19 outlines how open markets, competition, and users’ empowerment can help address current freedom of expression challenges in online content curation. We offer practical solutions on how to achieve these objectives through a pro-competitive instrument: the unbundling of t
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he provision of hosting and content curation services." (Executive summary)
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