"Since its adoption on 1 July 2020, the Protection of Personal Information Act has bolstered freedom of expression and the right to privacy. This legislation aims to protect citizens’ personal information and balance the right to privacy with other rights, such as access to information. In Februar
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y 2021, the Constitutional Court upheld the 2019 High Court decision that declared certain sections of the Regulation of Interception of Communication and Provision of Communication-Related Information Act unconstitutional as they violate the right to privacy. The Act had allowed for surveillance and the interception of communication. These positive developments were hampered by the COVID-19 pandemic, which affected freedom of expression and the operating environment of the media and journalists. As in other countries, journalism was considered an essential service in South Africa, which meant that with permission, journalists could continue reporting and were exempt from restrictions that kept most of the population in lockdown. Despite this, journalists found it difficult to access information, making first-hand news-gathering difficult. The Disaster Management Act of 2002 was also applied to manage the lockdowns. Under this Act, essential workers (including journalists) were required to have permits to travel to cover stories. In addition, the government’s attempts to prevent the spread of misinformation related to COVID-19 affected the free flow of information, as information became centralised within the Covid Command Centre. This had a chilling effect on freedom of expression and media freedom in South Africa. Journalists also faced further challenges regarding access to personal protective equipment and training on reporting safely during a pandemic. COVID-19 also affected the sustainability and viability of the media. Both the structure of newsrooms and business models were disrupted. The pandemic accelerated the pre-existing and long-term structural decline in print media, resulting in a devastating impact on the already fragile operations, with significant decreases in both circulation and advertising [...]" (Summary, page 5)
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"[...] the exercise of freedom of expression remains relatively practised and differs from one region to the next. It is easier to exercise freedom of expression in big cities than in small towns or rural areas. Since 2012, Mali has been plagued by terrorist groups’ attacks from the north. The det
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erioration of the security situation, which impacts all aspects of national life, causes a climate of self-censorship, especially among media professionals, most notably in the countryside. From Ségou (centre of Mali) to the far north, community radio stations are cautious with the terms they use. Journalists systematically refuse specific programmes for fear of being physically hurt or seeing their facilities attacked. Some journalists have been kidnapped, although most are released after secret negotiations involving state security. Threats and pressures on journalists and the media do not come only from state officials. People named in investigative articles sometimes use deceptive methods to intimidate journalists. People singled out by publications also put pressure on the family of journalists to get the investigation dropped or for journalists to self-censor. Furthermore, some laws restrict freedom of expression, such as Act of 5 December 2019 on the repression of cybercrime in its articles 74, 75 and 76 ..." (Summary, page 5)
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"Trade unionists, human rights activists, journalists, dignitaries of endogenous religions, and even ordinary citizens feel threatened when exercising their right to freedom of expression. Generally, they fear prosecution cases against them being mounted by the authorities. Business people and entre
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preneurs are also targeted through fiscal pressure or unexpected controls placed on their companies. The Digital Code, passed in 2017, is a source of fear for Benin journalists. Under this code, the Central Cybercrime Repression Authority arrested journalist Ignace Sossou on 19 December 2019 at his house. At his trial, Sossou was sentenced to 12-months imprisonment, six of which he served in prison, and a fine for harassment for relaying the prosecutor’s words during a seminar on Twitter. Fear of reprisals pushes the media to practice self-censorship. Psychological pressure seems to prevent journalists from freely exercising freedom of expression. There are also fears regarding the use of social media networks. There is an explicit restriction of civic space in general, and citizens are afraid of being tapped. Due to abuse by the press and certain citizens, several provisions of the Digital Code hamper freedom of expression. This is perceived as a political manoeuvre to dampen the citizens’ desire to express themselves freely [...]" (Summary, page 5)
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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 practical guide aims to provide journalists with concrete legal tools to deal with online harassment, be it to identify punishable offences, to seek help from appropriate organisations, to efficiently gather evidence and to take steps should they decide to file a complaint against the perpetra
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tors. Where appropriate, it also presents examples of litigation initiated by journalists who were victims of online harassment. It covers online harassment of journalists in Australia, Brazil, Finland, France, Germany, India, Ireland, Japan, Kenya, the Netherlands, Sweden, the United Kingdom (England and Wales) and the United States. Although none of these countries provide specific provisions sanctioning online harassment of journalists, they all offer civil and criminal law provisions that make it possible to apprehend, punish and compensate all or part of the most common abuses committed against journalists. In addition to the comprehensive presentation of the legal tools available for journalists in each of these jurisdictions, this guide aims to provide journalists with an overview of the solutions available to combat situations of online harassment, in order to enable them to choose the best legal forum to exercise their rights." (Introduction)
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"Uruguay es el primer país del Cono Sur de América Latina en realizar una evaluación integral de su paisaje mediático utilizando los Indicadores de Desarrollo Mediatico (IDMs) de la UNESCO. Y, lo que es único de este ejercicio, es que todas las facultades de comunicación del país colaboraron
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en el proceso de investigación, en alianza con la Oficina Regional de Ciencias de la UNESCO para América Latina y el Caribe. El resultado es un informe que evalúa el nivel de desarrollo de los medios de comunicación públicos, privados y comunitarios, y proporciona un exhaustivo análisis del panorama mediático del país, ya sea de su marco legislativo como de su pluralidad y diversidad de medios. Si la UNESCO reedita en 2021 este estudio llevado a cabo entre 2014 y 2017 es por su utilidad en el examen del cumplimiento de las leyes, actuales o futuras, con estándares internacionales en materia de libertad de expresión, ofrenciendo una hoja de ruta para futuras reformas de legislación de medios." (Reverso)
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"Free speech and freedom of the media are essential to the functioning of democratic systems. However, recent decades have brought phenomena that pose a threat to media freedom. The author analyzed threats to media freedom and journalist’s security regarding resolution 2317 (2020) of the Parliamen
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tary Assembly of the Council of Europe. All Council of Europe Member States must effectively guarantee the safety of journalists, create an environment conducive to freedom of the media and prevent the misuse of laws or normative provisions that may affect this freedom, without which there is no democracy. The right of journalists to protect their sources must be guaranteed; police violence against journalists must be condemned, and sanctions against any infringement of the freedom of the media must be dissuasive. Although it is only “softlaw”, the PACE resolution may inspire the Member States to take more effective measures in this regard." (Abstract)
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"This study examined the Libyan conflict which started in 2011 until now. In the same way, the study also focused on how Libyan journalists are fighting for media freedom, particularly in the context of the media laws in the new Constitution of 2017. Through focus group discussions were done with 40
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Libyan journalists. The findings of the study indicated that some media laws did not conform to the international laws and UN treaties, which the Libyan Parliament Committee approved. Another finding of the study was that the journalists advocated for a change in the media laws so that they subscribe to the international law. In addition, the journalists also noted that the Constitution should guarantee press freedom. The journalists indicated that they receive threats if they publish stories critical of the governments or ISIS. They also suggested that their actions as journalists have not been sufficiently factored into the political science framework of the safety valve which may be playing the same role with the new democratisation process in 2021. In the context of these findings, the following recommendations were made: the new government should change Articles 35, 37, 38, 42, 43, 46 and 132 to conform to the international laws and UN treaties." (Abstract)
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"Southeast Europe’s strong tradition of regional cooperation for media reform can be leveraged to address the renewed threats independent media face. Countries in the region have shared cultural and trade ties, common media markets, and face similar threats to a free and independent press. They al
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so benefit from numerous existing regional coalitions and networks that have worked for decades to develop shared norms and standards and promote cross-border knowledge sharing and solidarity. Southeast Europe’s regional media coalitions, organizations, and networks are a significant force for promoting media freedom, independence, and pluralism. Regional coalitions are important drivers of national reform efforts. They need to be equipped to take advantage of new windows of opportunity and tap into the power and influence of the numerous multilateral organizations that serve the region. The support of international donors and multilateral institutions is critical to advancing media reform agendas in Southeast Europe. However, more needs to be done to broaden and deepen support, and to tap into the collective capacities and assets of local media organizations and regional media coalitions." (Key findings)
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"The 1991 adoption of the Windhoek Declaration in Namibia ushered in a continent-wide commitment to supporting independent media in Africa. Despite initial progress, including the establishment of the regional Media Institute for Southern Africa (MISA), independent media in the region continues to s
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uffer. Increasing attacks on independent journalism, the co-option of media outlets by political and economic interests, and the growing problem of disinformation is compromising the viability of independent media in the region. The strong foundation of regional cooperation in Southern Africa that began at Windhoek has also suffered. However, there remains strong enthusiasm among media actors in Southern Africa to reignite a regional network to promote solidarity, address the myriad challenges independent media in the region face, and articulate an African vision and agenda for media development. A regional coalition can help set norms and standards for democratic media by tapping into the leverage points and frameworks of regional institutions and amplifying national-level priorities in regional and global debates. Countries with stronger environments for independent media can support the reform agendas of restrictive countries through knowledge sharing and joint advocacy. For a coalition to be effective, it needs clear goals and a decentralized structure that avoids imposing hierarchy or encouraging unhealthy competition over funding." (Key findings)
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"The findings show a general stagnation or deterioration of media pluralism and media freedom in the four major areas encompassed by the Media Pluralism Monitor (MPM): Basic protection, Market plurality, Political independence and Social inclusiveness. The study comprises the European Union Member S
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tates (UK included, considering the timeframe of the project-the UK left the EU in 2020) as well as in candidate countries, Turkey, and for the first time, an assessment of Albania. The MPM 2020 has confirmed the findings of the previous four rounds of monitoring – showing that none of the countries analysed are free from risks to media pluralism." (https://cmpf.eui.eu/mpm2020-results)
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"The Media Landscape Analysis is Component I of the Jordan Media Assessment, a comprehensive review of the media sector in Jordan. Based on a thorough desk review of existing research on Jordan’s media scene, it focuses on the legal framework, political will and economic context that affect the wo
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rk of media and journalists; provides an overview of the media landscape; and an overview of the journalism educational system. It also includes a summary review of previous, existing and planned media assistance/development programs (2009 onwards) implemented by international and national media development actors." (Page 3)
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"In a growing number of countries around the world, the greatest menace to editorial independence and professional standards is media capture, a form of media control achieved through a series of premeditated steps taken by governments and powerful interest groups, which undermines journalism as a p
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ublic good. This study enables readers to understand media capture and other threats faced by independent media today. The important developments tracked in these pages call out for dialogue towards practical actions to strengthen editorial independence and professional standards of journalism." (Back cover)
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"Judges and courts, both at national and regional levels, will find these guidelines useful to ensure the application of international and regional human rights standards of freedom of expression and privacy when ruling on cases involving States’ responses to the COVID-19 outbreak that have an imp
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act to freedom of expression, press freedom, access to information, privacy and safety of journalists. When resorting to state of emergency powers to cope with the COVID-19 pandemic, States must comply with requirements, criteria and procedures established by international and regional legal instruments to safeguard citizens’ fundamental rights and prevent abuses and arbitrariness. While reporting on the pandemic, journalists may become targets of attacks and intimidations and face limitations due to imposed restrictions. Their work should be considered as the provision of an essential service, therefore protection must be provided and any violations to their safety should be thoroughly investigated and prosecuted. The development of health data collection tools to track infections and properly identify potential disseminators of the virus should consider the effects on the right to privacy, and therefore, observe international standards regarding data protection." (Highlights)
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"Strategic Lawsuits Against Public Participation (SLAPPs) are a form of legal harassment. Pursued by law firms on behalf of powerful individuals and organisations who seek to avoid public scrutiny, their aim is to drain the target’s financial and psychological resources and chill critical voices t
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o the detriment of public participation. Currently, no EU country has enacted targeted rules that specifically shield against SLAPP suits. EU-wide rules providing for strong and consistent protection against SLAPP suits would mark a crucial step forward towards ending this abusive practice in EU Member States and serve as a benchmark for countries in the rest of Europe and beyond. Together with other legislative and non-legislative measures, it would contribute to secure a safer environment for public watchdogs and public participation in the EU." (Page 3)
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"The situation of freedom of expression online in Indonesia affirms that Indonesia is shifting further from human rights and democracy. This is not much different from the situation in other countries in Southeast Asia which seem to be competing to be the worst in human rights and democracy. The shr
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inking space for democracy for civil society has the potential to make conditions worse because the state is difficult to be monitored and be reminded in protecting human rights, especially freedom of expression. Indonesia actually has quite a number of regulations that protect freedom of expression online or offline from laws to the constitution. However, there are still laws that restrict freedom of expression online, such as the Criminal Code, the ITE Law, the State Flag and Symbol Law and the Pornography Law. There is also a threat in the future if the Criminal Code Bill is passed because not only it will maintain articles that are often used to criminalise freedom of expression but it will also revive articles that have been revoked by the Constitutional Court. Apart from the legal substance that limits freedom of expression online, there are also problems in the application of the law. The application of treason and the ITE Law against Papuan activists and the application hate speech against human rights activists are some examples. The article on hate speech, which should be a tool to protect minority and vulnerable groups, is instead used to attack activists because law enforcement officials interpret all kinds of criticism or dislike as hate speech. Attacks on freedom of expression in Indonesia are increasingly diverse. Initially, attacks on freedom of expression online were generally related to slander, defamation and blasphemy but now it has expanded to treason articles, hate speech and spreading fake news. It is made worse by the presence of doxing, buzzing, bullying, hacking, blocking and shutting down the internet in a certain area." (Summary and conclusion, page 25-26)
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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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