"The proliferation of misinformation, disinformation, and mal-information (MDM) poses serious challenges to democracy, public safety, and national security. Conversely, these very worries could be used as a front for unjustified ends. There is a global trend toward legislation that may risk infringi
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ng on press freedoms, civil liberties, and the very democratic and liberal values that protect independent media and safeguard free expression." (Conclusion, page 17)
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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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"Burundi’s scrutiny and control of media and nongovernmental organizations, and the conviction after deeply flawed proceedings of 12 journalists and activists in exile have a continued chilling effect on their work, Human Rights Watch said today. Almost one year after President Évariste Ndayishim
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iye’s inauguration, the authorities have sent contradictory signals. They have lifted some restrictions imposed on civil society and media since the country’s 2015 political crisis. But they have also doubled down on human rights defenders and journalists who are perceived to be critical of the government. A human rights activist and a former member of parliament convicted of abusive charges remain in detention. “The government should go beyond symbolic gestures of good faith to address the entrenched system of repression under the late President Pierre Nkurunziza,” said Lewis Mudge, Central Africa director at Human Rights Watch. “Substantive reforms are needed to address the lack of judicial independence, politicized prosecutions, and the absence of accountability for abuses committed since 2015.” (Introduction)
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"This is an extracted chapter of a wider UNESCO-commissioned global study on online violence against women journalists produced by the Inter-national Center for Journalists (ICFJ). The full-length study will published in 2022. The chapter identifies the role of big tech companies and especially soci
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al media platforms, as vectors and facilitators of gender-based online violence targeting women journalists. And it assesses the responses of these companies to the problem, making 23 recommendations for more effective countermeasures." (Page 2)
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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 present study brings together a unique collection of open testimonies from 20 journalists working in different member states of the Council of Europe. Each of these journalists spoke about the risks and pressures they perceived and experienced in exercising their profession, as well as their st
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rategies to build resilience and carry on in their “mission to inform”. At times, the price these women and men have had to pay for standing by their obligation to inform the public in an impartial and complete way was enormous, ranging from intrusions and limitations on private and family life, to putting their lives at risk. This was, for example, the case of Daphne Caruana Galizia, who reported fearlessly on sensitive issues, notably corruption, and who was murdered just 10 days after giving a powerful interview for this book. This was the last interview Daphne Caruana Galizia ever gave. A sample of 20 interviews cannot be representative of the situation in the Council of Europe member states. The merit of these interviews is to further exemplify different forms of interference with press freedom already identified in the 2017 study, as well as journalists’ perceptions regarding the dangers of the profession and the strategies they employ to persevere in their work." (Foreword)
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"New technologies have opened several risks to safety of journalists. More importantly, in the state of emergency caused by the Covid-19 outbreak, journalists and media actors have shifted their activities online more than ever, which also made them more prone to digital threats and attacks. In some
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regimes there are even organized intimidation campaigns against political opponents causing chilling effect and self-censorship, and jeopardizing freedom of expression in general. Hungary as a member of the European Union since 2004 and Serbia as a leading candidate to join the EU are two countries where the problems and concerns about media freedom is growing every day. The fear from the unknown during the international pandemic gave opportunity to some governments to hide their real political agendas and cover their desire for the 'good-old-fashioned' censorship. The number of countries where some kind of censorship could be found is growing every day. The authors will show two country-case-studies from Hungary and Serbia, where the leaders and the political situations are very similar and could show a (good or bad) example to other countries that would like to follow the illiberal views on media issues." (Abstract)
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"In many African countries, including Zimbabwe, journalists have been subjected to various policy regulations that have widely been criticised for making the practice of journalism difficult. Part of the reason has been the advent of competitive politics that have left the ruling regimes scrambling
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to limit freedoms and stopopposition onslaught on their power. One way the Zimbabwean government has limited freedom of expression has been through the introduction of the Interception of Communications Act, a surveillance regulation law that has had a chilling effect on the practice of journalism. This paper utilises Pierre Bourdieu’s journalistic field as theoretical lenses, focusing on the concepts of journalistic field to explore how journalists have been affected by the threats posed by this law in their daily newsgathering and production activities. The study is based on qualitative interviews with Zimbabwean journalists and civil society activists with an interest in the media, sampled from the private print media. The article argues that state surveillance has disrupted the journalistic field in the country by damaging the relationship between journalists and their sources, thus compromising one of the basic tenets of journalism. Journalists can no longer follow the widely held newsgathering routines as a result of state surveillance policies. Furthermore, investigative journalism, which was already under pressure from political influence, has been further eroded. We argue that Zimbabwe journalists need to develop reporting practices that expose surveillance and find creative ways to negotiate and resist surveillance." (Abstract)
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"This study examines the voluminous case law of the European Court of Human Rights (“The Court”) relating to freedom of expression and defamation. It starts by clarifying the concept of defamation and positioning it in relation to freedom of expression and public debate. It explains how defamati
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on laws that are overly protective of reputational interests and that provide for far-reaching remedies or sanctions can have a chilling effect on freedom of expression and public debate. The principle of proportionality in respect of defamation laws and their application is therefore very important when it comes to preventing such a chilling effect." (Executive summary)
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"This report by Drew Sullivan, a journalist, editor, and media development specialist, explains how lawsuits can force media organizations to censor themselves or limit the distribution of their news content, restricting freedom of expression and thus threatening one of the foundations of democracy.
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Vested political, business, and criminal interests, especially in the developing world, are increasingly using the courts to redress alleged harms, punish journalists and scare off publishers. Sullivan’s report describes the practice, known as “libel tourism,” of shopping worldwide for plaintiff-friendly courts. While the United Kingdom is currently the jurisdiction of choice for many plaintiffs, by publishing online, a media organization faces the risk of a lawsuit in just about any country. Given the wide variety of defamation standards, court practices, and freedom of speech standards, the risks are almost impossible to manage. Leveling the playing field requires the passage of laws in many jurisdictions, better standards and awareness of risks among journalists, and an industry-wide solution to the problems of insurance and legal defense." (https://www.cima.ned.org)
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"The Price of Silence exposes a growing trend across several countries in Latin America: behind-the-scenes government interference with media freedom and editorial independence. This “soft censorship” and its pervasive chilling effects have not received the attention they deserve. By conducting
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systematic monitoring of such practices in Argentina, Chile, Colombia, Costa Rica, Honduras, Peru, and Uruguay, the report seeks to fill the information gap and reveal the danger soft censorship poses to journalistic freedom and independence. The report reveals how governments in the countries examined abuse the powers of regulation and the public purse to control the press with little scrutiny: they use government advertising to punish critics and reward friendly media; deny access and information to journalists perceived as “critical”; secretly pressure media owners and editors to change their editorial lines; and grant broadcast licenses in ways that benefit political allies and silence independent voices." (Back cover)
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