"In 2023, Advancing Rights in Southern Africa (ARISA) through its consortium partner, Internews, undertook the most comprehensive review yet of laws affecting media practice and the freedom of expression, including cyber laws, penal codes, constitutions and acts of parliament, in the sixteen Souther
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n African Development Community (SADC) countries. The Information Ecosystem Analysis (IEA) provides an in-depth overview of the legal provisions that have been enacted or are in various stages of becoming laws in the region, and are being used by SADC governments to stifle and limit press freedom and public debate. Each of the sixteen SADC countries are included as individual country chapters in this report, providing country-specific legal analyses of the relevant Cyber security and related laws used by the respective country’s governments to stifle freedom of expression. The approach used by the researchers considered the legislative environment together with literature on the relevant topics, court cases and media reports about the application of specific laws and focused on incidents of where laws were used, dating from 2020 to present. The respective country analyses have been informed by extensive virtual interviews conducted with journalists, civil society representatives and academics in the region. Attention was also given to countries holding elections in 2023 and 2024." (Executive summary)
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"The gradual trend toward the decriminalization of defamation is slowing down, with 160 states still not having decriminalized defamation. The use of criminal defamation offences to restrict online expression has increased worldwide. Several States have harshened or reintroduced provisions on libel,
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defamation and insult by stating new laws intending to address cybersecurity, 'fake news' and hate speech. Expanded use of civil defamation often leads to disproportionate damages that have a chilling effect on freedom of expression and journalists' work. There has been a rise in abusive practices such as 'forum shopping' and SLAPPs by powerful actors that want to silence critical voices and undermine scrutiny. There have been emerging challenges linked to online communications, including increased vulnerability of journalists, artists, human rights defenders and bloggers. Jurisprudence of international courts has reaffirmed that the speech about public officials is specially protected and must receive a proportional treatment under civil law." (Key trends)
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"In this chapter, international, regional and State-level legal and normative frameworks for responding to online violence against women journalists are examined, while exemplar judgements are catalogued, and gaps in law enforcement are highlighted. Here, insights gleaned from 184 in-depth interview
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s, and responses to the relevant survey questions in the main data corpus are supplemented by relevant examples from other countries, surfaced through extensive desk research. Additionally, the 15 country case studies underpinning the broader study are drawn on to contextualise the discussion." (Pages 4-5)
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"The highest levels of regulation, from international treaties to constitutions, are unambiguous about creating an environment in which women thrive. However, this egalitarian space must be progressively realized, and one aspect of this work is eliminating discrimination, including in relation to ge
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nder-based violence (GBV). Whether authorities care to admit it or not, the Internet is an inseparable part of the society in which we live, and online GBV demands a resolute hand. Unfortunately, the gaps in legal frameworks, not to mention deficient law enforcement, are forcing women to self-censor online or even wholly abandon platforms that could be used for legitimate expression and the exercise of other fundamental rights. Unless governments take urgent, comprehensive action, the inadequate protection of women’s rights online will continue to erode any other legislative attempts to achieve equality across different spheres of life." (Conclusion)
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"In this report, the authors examine and compare state implementation and enforcement of criminal laws prohibiting blasphemy (“blasphemy laws”) worldwide over the five-year period between January 2014 and December 2018. The criminal cases this study analyzes represent states’ enforcement of la
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ws that sanction the expression of opinions or actions deemed “blasphemous,” or counter to majority views or religious belief systems. Many such laws impose serious penalties, including prison, forced labor, or death, upon those convicted. Countries throughout the world have and continue to enforce criminal blasphemy laws, often justifying them as necessary to promote intergroup religious harmony. In some states, however, civilians enforce blasphemy prohibitions extrajudicially, committing acts of violence in the name of protecting God, religion, and “the sacred.” Analyzing the ways in which states and private, non-state actors enforce these laws may assist the public policy community in developing clear, tailored recommendations for areas of criminal legal reform, especially in states with vague laws, harsh penalties, and high levels of enforcement. An analysis of criminal blasphemy cases reported in the news and adjudicated in courts identifies the contexts in which blasphemy laws may increase the risk of human rights abuses, through state acts or omissions, indicating the places and ways in which targeted law reform could lower that risk." (Overview, page 5)
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"This book studies tabloid journalism newspapers within the broader context of press freedom in Africa. After defining tabloid journalism and professional practices within various political contexts, the book then proceeds to consider tabloids in Southern Africa and emerging cyberspace laws. Many fa
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ctors of press freedom are considered, including the impact of public order and national security laws on tabloids in North Africa, the impact of defamation laws on tabloids in West Africa, the impact of the fake news laws on tabloids in East Africa, and the impact of sedition and treason laws on tabloids in Central Africa. Exploring tabloid journalism and press freedom in Arabic, Portuguese, and Francophone speaking countries across Africa, this book is a unique addition to this emerging field. The book concludes by providing a synthesis of the developing patterns from the cases analysed and by looking to the future to make recommendations and map the challenges and the successes." (Publisher description)
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"Mongolia has much work to do to ensure full media freedom. Laws on defamation and access to information hamper media’s ability to report fully on matters of public interest and public figures engaged in public business. A deeper understanding of international standards on media freedom and the va
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luable role media play in society are required for true progress to be made. The 2018 Joint Staff Working Document referred to the Human Rights Committee’s Concluding Observations on Mongolia’s 2017 sixth periodic report on ICCPR implementation. Taking this lead, the monitoring focused on the effective application of ICCPR provisions before domestic courts, broad legal restrictions on freedom of expression, and media freedom. The Government of Mongolia has made no positive developments until now. Particularly problematic is the fact that the Ministry of Justice and Home Affairs plans to re-criminalize defamation in amendments to the Criminal Code. Mongolia lacks laws and policies important to guaranteeing media freedom, such as a general broadcast law including the recognition of community media, laws on media ownership transparency and concentration, and laws on the protection of sources. Numerous legal restrictions on the right to freedom of expression still exist, and many of these provisions are actively applied. The most serious are defamation laws, which are criminal, civil, and administrative in nature, and employed with great frequency against the media. There is no doubt that many media outlets engage in irresponsible reporting, but this cannot justify the current state of defamation laws in Mongolia." (Conclusion)
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"This report specifically examines legal remedies for online attacks against journalists. It looks at three case studies, in Finland, France and Ireland, of female journalists who were viciously attacked online for their work and the ensuing attempts to hold the perpetrators accountable. From an ana
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lysis of the case studies, it offers best practices and recommendations for OSCE participating States in implementing and interpreting laws so as to effectively respond to the diverse and growing forms of online harassment and protect the rights of journalists to do their work safely online without compromising freedom of expression as guaranteed by international human rights law." (https://www.osce.org/representative-on-freedom-of-media)
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"My focus in this chapter is on civil society mobilization in Tanintharyi Region in southern Myanmar, and particularly in Kanbauk, a village of about 1,500 households in the Tanintharyi Hills, eighty kilometres north of the regional capital, Dawei. In recent years, Kanbauk villagers have contended w
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ith Delco Ltd, a Yangon-based company that runs a tin and tungsten mine in their area in a production-sharing agreement with the government-owned Mining Enterprise No. 2. Villagers have been seeking to assert some influence over company practices, especially regarding the release of wastewater into local streams. Tensions intensified after an accident in September 2015 in which a tailing pond embankment collapsed causing a flash flood that led to the death of a child and the destruction of many villagers' houses. I discuss the resistance effort that emerged in the village and the company's strategies to suppress and dismiss it. Specifically, I focus on the work of a Kanbauk writer and activist, Aung Lwin, and an evocative essay he wrote, published in May 2016 in Tanintharyi Weekly, a small regional publication. Written from the perspective of a fish dying in a stream polluted by mining waste, Aung Lwin's essay offers a sardonic view of events in the village and hints at a possible arrangement between the company and local government officials. As part of its larger effort to quash local resistance to the mine, Delco filed (and won) a lawsuit against Aung Lwin for criminal defamation under Article 500 of the Myanmar Penal Code. The case reveals the complexities of the current moment in Myanmar and the uncertain spaces in which actors in civil society are operating. It reveals as well the fraught dynamics of media, as authoritarian forces remain active and unpredictable. Although this particular lawsuit was brought against the writer rather than the publication, it has wider implications for Myanmar media, especially for smaller, more vulnerable, regional outlets." (Page 152)
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"This article develops the argument that blasphemy trials occupy a pivotal role in ‘religion-making’ in post-1998 Indonesia. Examining a blasphemy trial on the island of Lombok in 2010, I argue that the process of democratisation has given civilian actors more opportunity to engage Indonesia’s
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blasphemy law, a process analysed in terms of ‘lawfare’. Examining the interplay of legal regulation and the campaign against ‘deviant’ religion launched by conservative Muslim groups, the article tracks the affective consequences of this regulation, showing how the blasphemy law inspires civilians to investigate suspected cases of heresy. While blasphemy trials purportedly protect religion from insult and foster religious order, this article argues that religion lawfare breeds suspicion and divisions among citizens." (Abstract)
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"Over the years, Pakistan's notorious blasphemy laws have been a central instrument for the persecution of religious minorities. While these laws are colonial in origin, they exist today within the context of a general Islamisation of laws, which combined with the state's inability to hold a monopol
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y over violence have contributed to growing anarchy in the country. This paper traces the evolution of Pakistan's religious nationalism, presents debates around the blasphemy laws and their implementation, and considers the possibilities for reform." (Abstract)
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"The tension between blasphemy laws and the freedom of expression in modern times is a key area of debate within legal academia and beyond. With contributions by leading scholars, this volume compares blasphemy laws within a number of Western liberal democracies and debates the legitimacy of these l
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aws in the twenty- first century. Including comprehensive and up-to-date comparative country studies, this book considers the formulation of blasphemy bans, relevant jurisprudential interpretations, the effect on society, and the ensuing convictions and penalties where applicable. It provides a useful historical analysis by discussing the legal-political rationales behind the recent abolition of blasphemy laws in some Western states. Contributors also consider the challenges to the tenability of blasphemy laws in a selection of well- balanced theoretical chapters. This book is essential reading for scholars working within the fields of human rights law, philosophy and sociology of religion and comparative politics." (Publisher description)
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"This study examines the existence of criminal defamation and insult laws in the territory of the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). In doing so, it offers a broad, comparative overview of the compliance of OSCE participating States’ legislat
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ion with international standards and best practices in the field of defamation law and freedom of expression. The primary purpose of the study is to identify relevant provisions in law. Although the study does include examples of the usage of these provisions, it is not an analysis of legal practice [...] The study is divided into two sections. The first section offers conclusions according to each of the principal categories researched and in reference to international standards on freedom of expression. The second section provides the detailed research findings for each country, including relevant examples. As the study’s title suggests, the primary research category is general criminal laws on defamation and insult. However, this study also covers special laws protecting the reputation or honour of particular persons or groups of people (e.g., presidents, public officials, deceased persons); special laws protecting the ‘honour’ of the state and state symbols; and blasphemy and religious insult laws." (About this study, page 2)
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"The present study examines current legislation and court practice in Hungary regarding civil law violations of rights to reputation, privacy and likeness, with a particular focus on trends in terms of awarding non-pecuniary damages/restitution. Through an analysis of relevant legislation and a pres
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entation of cases connected with the press, it critiques the current situation in terms of limitations on freedom of expression. Personality rights in this context is a difficult area of jurisprudence, as it involves the consideration and balancing of two important values and constitutional rights: freedom of expression on the one hand and the rights to reputation, privacy and likeness on the other. This balancing act requires the interpretation of very succinctly worded legislative texts and rulings by the Constitutional Court with the help of the guidelines issued by the Supreme Court (also known as the Kúria). Another difficulty for the judiciary is the recent increase in Hungary of cases in which politicians turn to the courts to seek relief for injuries they allege to have suffered, hoping to obtain a judgment that will put an end to political and societal controversies in which they are involved." (Introduction)
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"We have seen in our monitoring of religious freedom worldwide how blasphemy laws, in both theory and practice, harm individuals and societies. In commissioning the study found in the following pages, USCIRF sought to ascertain the prevalence of blasphemy laws worldwide and measure how the content o
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f these laws adheres to basic principles of international law. The findings are sobering indeed. According to the study: • Blasphemy laws are astonishingly widespread. Seventy-one countries, spread out across many regions, maintain such statutes. • Every one of these blasphemy statutes deviates from at least one internationally recognized human rights principle. Most of these laws fail to respect fully the human right of freedom of expression. • All five nations with blasphemy laws that deviate the most from international human rights principles maintain an official state religion. • Most blasphemy laws studied were vaguely worded, as many failed to specify intent as part of the violation. The vast majority carried unduly harsh penalties for violators. • Most blasphemy laws were embedded in the criminal codes and 86 percent of states with blasphemy laws prescribed imprisonment for convicted offenders. Some blasphemy statutes even imposed the death penalty. Clearly, blasphemy laws, in both conception and scope, remain problematic. We trust that this report will draw greater attention to the problem, provoke further discussion about the challenges and encourage constructive attempts to reform or repeal blasphemy measures." (Page 1)
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"Indonesia has the potential for social conflict and violence due to blasphemy. Currently, Indonesia has a blasphemy law that has been in effect since 1965. The blasphemy law formed on political factors and tend to ignore the public neutrality. Recently due to a case of blasphemy by the Governor of
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Jakarta, relevance of blasphemy law be discussed again. This paper analyzes the weakness of the blasphemy laws that regulated in Law No. 1/1965 and interpretation of the Constitutional Court on the Law No. 1/1965. The analysis in this paper, by statute approach, conceptual approach, and case approach, shows the weakness of Law No. 1/1965 in putting itself as an entity that is neutral in matters of religion. This weakness caused Law No. 1/1965 set the Government as the interpreter of the religion scriptures that potentially made the state can not neutral. Therefore, the criminalization of blasphemy should be based on criteria without involving the state as an interpreter of the theological doctrine." (Abstract)
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"I have found that Saudi Arabia and Jordan rely on counterterrorism and cybercrime regulations to prosecute online activism. Egypt uses a new anti-protest law passed in 2014 and Tunisia, in contrast, relies on old defamation and anti-drug laws that have been used for decades prior to the revolution.
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In all four countries, the prosecution and imprisonment of Internet users for expressing themselves effectively chills critical speech and cripples civil discourse–all the while neglecting to create any long-term and comprehensive solution to the threat of terrorist movements." (Executive summary)
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