Freedom of expression under worldwide attack, UN rights
expert warns in new report
NEW YORK (20 October 2016) – “There is no question that
governments worldwide are wielding the tools of censorship,” warns the United
Nations Special Rapporteur on the freedom of opinion and expression, David
Kaye, in a report on the widespread global assault on the freedom of expression
to be presented to the UN General Assembly tomorrow.
“Governments are treating words as weapons, adopting
vague laws that give officials massive discretion to undermine speech and
opinion,” Mr. Kaye says. “They are punishing journalists for their reporting,
silencing individuals for posting opinions on social media, shutting down
debate and the flow of information on grounds of counter-terrorism, protecting
public order, sheltering people from offense.”
“Censorship in all its forms reflects official fear of
ideas and information,” the expert noted. “And it not only harms the speaker or
reporter or broadcaster, it undermines everyone’s right to information, to
public participation, to open and democratic governance.”
The report involved a survey of hundreds of official
communications the rapporteur has issued to governments, which resulted from
allegations of violations of well-established international human rights law
received from individuals and non-governmental organizations worldwide. The
trend lines are stark, Mr. Kaye said.
“I am especially concerned that many governments assert
legitimate grounds for restriction, such as protection of national security or
public order or the rights of others, as fig leaves to attack unpopular opinion
or criticism of government and government officials,” he stated. “Many times
governments provide not even the barest demonstration that such restrictions
meet the legal tests of necessity and proportionality.”
The Special Rapporteur drew attention to increasing
instances where governments assert rationales having no basis in human rights
law. “For example,” he said, “it has become routine for governments to
explicitly target political criticism, journalism, and the expression of singled-out
groups such as LGBTI communities and artists.”
“Those who carry out physical threats, particularly to
journalists and writers and bloggers, are rarely held accountable,” Mr. Kaye
added. “Online, threats to expression are getting worse. Advances in technology
have triggered new forms of repression and censorship that undermine everyone’s
ability to hold opinions or seek, receive and impart information and ideas.”
One of the biggest threats to online expression is the
use of Internet ‘kill switches.’ More than a dozen network shutdowns have been
recorded in the last year. Internet shutdowns are just one form of digital
censorship among many adopted by governments today.
The report notes areas of positive developments as well.
The Special Rapporteur welcomes, for instance, examples where governments,
legislatures, and domestic and international courts have taken strong steps to
promote freedom of expression or carefully evaluate restrictions.
In his study, the human rights expert urges all governments
to review their national laws to ensure strong protection and promotion of the
freedom of expression, in particular to limit the discretion officials may
enjoy to restrict the flow of information.
“The approach that many governments adopt towards freedom
of expression today is abusive and unsustainable,” Mr. Kaye stressed.
“Governments must not only reverse course, but also take the lead in ensuring
its protection.”
(*) See the
Special Rapporteur’s report to the UN General Assembly: http://www.un.org/ga/search/view_doc.asp?symbol=A/71/373
ENDS
Mr. David Kaye (USA) was appointed as Special Rapporteur
on the promotion and protection of the right to freedom of opinion and
expression in August 2014 by the United Nations Human Rights Council. As
Special Rapporteur, Mr. Kaye is part of what is known as the Special Procedures
of the Human Rights Council. Special Procedures, the largest body of
independent experts in the UN Human Rights system, is the general name of the
Council’s independent fact-finding and monitoring mechanisms that address
either specific country situations or thematic issues in all parts of the
world. Special Procedures’ experts work on a voluntary basis; they are not UN
staff and do not receive a salary for their work. They are independent from any
government or organization and serve in their individual capacity. Learn more,
log on to:
http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
For more information and media requests please contact
Mr. Stefano Sensi (+41 22 917 9237 / ssensi@ohchr.org), Ms. Azin Tadjdini (+41
22 917 9400 / atadjdini@ohchr.org) or write to freedex@ohchr.org.
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experts:
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xcelaya@ohchr.org)
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