"Columbia Global Freedom of Expression seeks to strengthen freedom of expression worldwide by advancing the understanding of international and national norms and institutions that best protect the free flow of information and expression in an interconnected global community. We do so by sharing know
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ledge and standards through our Global Database of Freedom of Expression Case Law and by fostering dialogue among domestic, regional, international courts and other important stakeholders responsible for protecting freedom of expression." (Mission)
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"El presente informe detalla la información aportada durante la audiencia regional temática "Afectaciones al derecho a la libertad de expresión por medidas estatales de censura en las Américas" liderada por 25 organizaciones de la sociedad civil durante el 190° Período Ordinario de Sesiones de
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la Comisión Interamericana de Derechos Humanos (en adelante, “CIDH” o “la Comisión”). Las 25 organizaciones de la sociedad civil trabajan en siete países de América Latina: Argentina, Brasil, Colombia, El Salvador, Guatemala, México y Nicaragua. En distintos niveles, cada uno de estos países ha enfrentado en la actualidad o historia reciente contextos de limitación al ejercicio de los derechos fundamentales de libertad de prensa, libertad de expresión, el acceso a la información y el derecho a defender derechos humanos en relación con tales derechos. A pesar de las diferencias de contextos, hemos verificado una misma hoja de ruta diseñada y ejecutada para socavar la participación pública y la difusión de información relevante sobre los poderes públicos. Son estrategias de censura indirecta que se identifican y sirven a prácticas autoritarias que debilitan a los sistemas democráticos. En este contexto de mayor tendencia hacia gobiernos antidemocráticos, se evidencian tres tipos de censuras indirectas que generan preocupación y agudizan la amenaza de ejercicio libre de libertades básicas en un Estado democrático: i) estigmatizaciones; ii) formas de control social facilitadas por las nuevas tecnologías con capacidad de vigilancia; iii) la judicialización de la libertad de expresión sobre asuntos de interés público." (Introducción)
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"Professional and liberal-oriented news media in Hong Kong have been under severe political pressure since the establishment of the National Security Law in 2020. Journalists now have to navigate a more dense and uncertain legal minefield. Self-censorship has intensified. This article argues that se
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lf-censorship and other media responses can be better understood under the broader framework of risk culture. Drawing upon 43 in-depth interviews with journalists from 12 organizations, this article reconstructs how news organizations and journalists have developed methods to assess and manage risk and describes the characteristics of their risk assessment and management and the changing character of self-censorship. The emerging risk cultures have helped maintain organizational stability and journalistic professional identity. The concluding discussion elaborates on the implications of the analysis for understanding self-censorship and press freedom in Hong Kong, briefly compares Hong Kong’s situation with mainland China’s, and reflects on the possible development of risk cultures in other institutional contexts." (Abstract)
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"The purpose of this report is to provide the first step towards a global overview of the weaponization of the law as a prominent threat to media freedom. In doing so, we offer a resource that can be used to empower those seeking to navigate the shifting legal environment and support those working t
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o protect the continued coverage of the world’s most sensitive and critical issues – including corruption, organized crime, and human rights. This is also the first report of its kind to bring together substantial insights into these global legal trends from two significant constituencies: journalists from around the world, and media freedom experts. The report draws on global research conducted through the Tow Center for Digital Journalism, alongside the contributions of dozens of leading media freedom experts and the firsthand experience of nearly 500 journalists from the Thomson Reuters Foundation network, to identify and examine eight key legal threats to the profession. It provides a critical springboard into further research that might map in more detail the scale, nature, and geographic spread of these threats – essential to identifying how best to counter them. Nearly 50% of journalists in the Foundation’s alumni network who responded to a survey said that they or their media organisation were facing legal threats, illustrating the sheer scale of this war on journalism. The physical, emotional and financial consequences are enormous for journalists who are continually facing the risk of going to jail, being bankrupted, or repeatedly being dragged into court. Allowed to spread unchecked, the weaponization of the law will continue to curtail media freedom by hampering coverage of critical public interest matters, undermining accountability, and eroding trust in journalism – with catastrophic effects on democracies and freedoms globally." (Executive summary, page 8)
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"According to the 2023 World Press Freedom Index rankings by the RSF, India ranks 161 out of 180 countries. One of the important indicators that the index bases the ranking on is the level of violence against the journalists and their overall safety. During the COVID-19 pandemic, the Indian governme
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nt cracked down on the press by reprimanding any form of dissent regarding their policies. This has resulted in journalists from various parts of the country being arrested, detained, and harassed. The much-debated Epidemic Diseases Act of 1897 and Disaster Management Act, 2005 were implemented to invoke curbs to contain the spread of coronavirus in India. The paper examines the consequences of the infodemic on the safety of journalists in the context of declining press freedom in the country in the context of the aforementioned acts. The analysis of cases focuses on highlighting how the laws introduced to “contain” the spread of the virus has been used as a tool to gatekeep the truth regarding the implementation of coronavirus policies by way of stifling the voice of journalists. The analysis reveals how various legal, political, and economic factors contribute to the lack of safety of journalists in the country." (Abstract)
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"Governments in the Asia-Pacific region have responded to human rights defenders' (HRD’s) new online advocacy strategies, affecting their online advocacy through the use of legal and non-legal measures to harass them and impede their work. Against this backdrop, National Human Rights Institutions
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(NHRIs) have a mandate to protect human rights, including those of HRDs. The Marrakech Declaration of 2018, outlined a framework for NHRIs to support HRDs, emphasising both offline and online civic space. However, there is a need for NHRIs to adapt these plans to address digital security threats to HRDs.
This report contributes to this goal by outlining four specific ways through which HDRs are threatened online. First, it shows that, in the Asia-Pacific region, HRDs often face legal threats through laws related to defamation, insult, and "fake news”, as well as broader online regulations granting government authorities extensive powers to limit online freedoms. Second, governments have disrupted online communications by limiting or suspending internet connectivity. Some countries control internet gateways to regulate information flow, and during political instability, internet service providers (ISPs) and mobile carriers are ordered to restrict internet speed or access. Third, governments in the region use technology for legal and covert mass data collection and surveillance. They create national internet gateways for centralized control, consolidating information and data storage. Lastly, HRDs encounter digital threats from “cybertroops”, combining human operatives and bots on social media to influence public opinion in favour of the government. Governments are complicit by showing minimal commitment to addressing the problem. Identifying these threats is the basis for this report to recognise the efforts and limitations of NHRIs in ensuring HRDs’ rights online in three areas - monitoring and reporting; advocacy and awareness-rising; and capacity and network building - and provide a set of recommendations aimed at increasing NHRI’s institutional capacity." (Executive summary)
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"Journalists play an important role in promoting and facilitating the right to freedom of expression. To promote and facilitate freedom of expression effectively, they should be free to perform their duties without fear of reprisals, intimidation or harassment. Journalists should carry out their dut
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ies in a legally safe environment. It has, however, been observed that journalists across the world are subjected to various human rights violations and abuses aimed at hindering them in performing their work. Journalists in Botswana also endure harassment and intimidation. One form in which this harassment manifests itself is through the use of sedition laws. In many countries these laws have been found to limit the right to freedom of expression unjustifiably. The legality of sedition laws has been considered by the courts of Botswana, where the High Court upheld their constitutionality. This note critically analyses the High Court's decision." (Abstract)
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"This chapter deals with lèse-majesté laws and their impact on the exercise of freedom of political expression and journalism from the perspective of international human rights law. In doing so, it addresses the chilling effects of the application of a particular crime of lèse-majesté, namely
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defaming a head of state”, which are emphasized with historical and current examples from Turkey: a country that exemplifies the excesses in practice. Said excesses are assessed in light of the standards of freedom of political expression set by the case law of the European Court of Human Rights, which also demonstrates the excesses in other European countries and provides a comparative outlook. In conclusion, it is inferred that the mere existence of lèse-majesté crimes puts the rule of law at risk, thereby forcing journalists and other citizens alike to resort to self-censorship in violation of international human rights law as interpreted by the regional human rights mechanism." (Abstract)
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"The political context for practicing free and independent journalism has always been challenging in Turkey and ever more so after the failed coup d’état of 2016. This article examines and analyzes the changes brought about by this failed coup d’état in terms of their civil, legal, and politic
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al significance for news journalism and news journalists. More specifically and based on two sets of semi-structured interviews with Turkish editors and senior journalists supported by an analysis of gray literature, we argue that between 2013 and 2018 Turkey has moved from a pre-coup repression of news journalism (2013–2016) to a post-coup oppression of news journalism (2016–2018). The former was characterized by unsystematic attacks on news journalism conducted with impunity leading to a climate of fear that made self-censorship inescapable. In contrast, the latter relied on constitutional changes and the use of law to systematically compromise the civil institution of news journalism and to cast news journalists as political enemies of the Turkish state resulting in what can be likened to a loss of their citizenship. We further argue that the development from the repression to oppression of news journalism has been ‘authorized’ and ‘legalized’ by the constitutional changes that came into force on 9 July 2018." (Abstract)
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"The Russian mass media system has experienced tremendous change since the Soviet era. It has been argued that some similarities still exist between the old Soviet system and the new post-Soviet media, such as the practice of self-censorship. Pressure has been mounting on the mass media's level of e
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ditorial freedom since the late Yeltsin era, beginning with a raft of new laws introduced under the guise of keeping the media ‘honest’. One contemporary influence constraining and shaping media de velopment is Russia's ‘war on terrorism’. Ever since the infamous apartment bombings of August 1999, over 1000 people have been killed and scores more physically and emotionally scarred by acts of terrorism on Russian soil. The political, social and economic costs have been considerable. Russia's ‘war on terrorism’ has provided the authorities with ample excuses to curtail media reporting, such as protecting the work of the security forces in combating terrorist activity, stopping the spread of terrorist ‘propaganda’ and protecting victims of terrorist acts. Numerous bills have been debated in the Duma on prohibiting activity by the mass media during an incident. Senior representatives from the mass media have been involved in talks with the authorities on the issue and in drawing up industry guidelines for reporting on a terrorist act." (Abstract)
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