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A UN human rights expert has slammed the government of Israel, the Palestinian Authority in the West Bank and Hamas in Gaza for unduly limiting free speech. Speaking at the UN Human Rights Council in Geneva, special rapporteur on free expression Frank La Rue said that intimidation, censorship and restrictive laws were having a chilling effect on the work of journalists and activists. La Rue also presented a report to the council, urging Palestinians and and Israel to uphold standards on freedom of speech.
The United Nations special rapporteur for free expression Frank La Rue has called for the abolition of criminal defamation laws. Guatemalan lawyer La Rue also condemned the use of “national security” reasons to curb free expression:
In a report released today, LaRue comments:
The Special Rapporteur reiterates the call to all States to decriminalize defamation. Additionally, he underscores that protection of national security or countering terrorism cannot be used to justify restricting the right to expression unless it can be demonstrated that: (a) the expression is intended to incite imminent violence; (b) it is likely to incite such violence; and (c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.
Criminal defamation cases are frequently brought to silence criticism of authorities. Recent examples include actions brought against journalist Art Troitsky in Russia and anti death penalty campaigner Alan Shadrake in Singapore.
This is a guest post by Ángel García Català
On 14 December, the first national Brazilian congress on communication and media will be held in the country’s capital. The four day conference in Brasilia will discuss, amongst other things, the need for a new media law. The Workers’ Party (PT) is trying to amend the current legislation, which they consider to be “anachronistic and authoritarian” primarily because they believe it favours the interest of business over the interests of the wider population. Brazilian president President Luiz Inacio Lula da Silva has shown that he favours the reform, stating that “the more television there is, the more journalism and cultural programmes that appear, the more political debates ensue and the stronger the democratisation of communication will become”.
Brazil is following a process that has already been initiated by other countries in the region. El Salvador has also started discussions on media law whilst the parliament of Ecuador will begin the approval process of its own law on the 10 December. Other countries like Uruguay and Argentina have already adopted reforms.
Opinions on these laws and their suitability are polarised. Take the various reactions to the law adopted by the Argentinian Senate, for example. Some see this type of reform as a clear attack on freedom of expression, while others applaud it as a mechanism for strengthening democracy.
The new law in Argentina, which replaces the broadcasting law passed in 1980 during the military dictatorship of General Jorge Rafael Videla, provides that the same company cannot own more than 10 audiovisual licences. Those who are currently exceeding that number will be forced to sell the rest. One of the businesses most affected by this measure is the Clarín group, which has 264 licences and whose profits last year stood at around US $500 million.
The Spanish companies Telefonica and Grupo Prisa (which publishes El País) are also greatly affected. No wonder then, that these companies are among the biggest opponents to reform. Ricardo Roa, assistant general editor of the newspaper Clarín believes that “the law promotes a press weaker and docile toward political power”. Associations like the Inter American Press Association (IAPA) have also rejected the new law outright, saying that such reforms are an “enslavement to freedom of expression while promoting the creation and acquisition of media by the state and groups close to power.”
In contrast, the Argentinian reforms have the full support of Frank La Rue, the UN special rapporteur on freedom of opinion and expression, who considers it as one of the most advanced reforms in the world, as well as seeing it as “an example to others countries [to] ensure access for all social sectors to the media”. Reporters Sans Frontieres has also endorsed the reform, calling it a “brave and necessary law, despite pressure from some pretty selfish press groups”.
United Nations human rights officials have urged the government of the Philippines to carry out a thorough investigation into the massacre and “the wholesale killing of journalists” which took place in the Maguindanao province last week.
A joint statement by Frank La Rue, the UN special rapporteur on freedom of expression and Philip Alston, the UN special rapporteur on extrajudicial executions called for major political reform in the country with special attention to be given to press freedom. The statement came amidst news that among the 57 people confirmed to have been killed, 30 of those are now identified as journalists. The statement said:
“The pre-meditated killing of political opponents, combined with a massive assault on the media, must be tackled at various levels that go well beyond standard murder investigations. The massacre also demands a more extensive reflection on the elite family-dominated manipulation of the political processes and the need to eliminate such practices to ensure the future of democracy in the Philippines. This will require a thorough investigation of the broader context to be undertaken by a credible and independent body.”
Both La Rue and Alston emphasized that any broader inquiry into the political system would need to focus on the ways and means of enhancing protection for journalists in the future.
Noting that “elections in the Philippines have traditionally become occasions for widespread extrajudicial executions of political opponents,” they also called on the government to immediately set up a high-level task force to identify measures to prevent future killings that could occur in the lead-up to elections.
The International Federation of Journalistes (IFJ) says 105 journalists have now died in the country since Maria Gloria Macapagal-Arroyo became president in 2001. Government officials now say 19 people are being investigated, 12 of which are relatives of the only suspect who has so far been charged, Andal Ampatuan Jr. In the past the family under suspicion have been called “valuable political allies” by President Arroyo.