Groups endorse a United Nations resolution on human rights and the internet 

The following is a transcript of a joint oral statement, led by ARTICLE 19 and supported by several IFEX members, that was read aloud today, 19 June 2014, at the 26th UN Human Rights Council session in Geneva:

Thank you Mr. President,

Two years ago this Council affirmed by consensus that “the same rights that people have offline must also be protected online, in particular freedom of expression”.

In 2014, the outcome document of Net-Mundial in Brazil recognised the vital role of the internet to achieve the full realisation of sustainable development goals. 31 UN Special Rapporteurs recently affirmed that guaranteeing the free-flow of information online ensures transparency and participation in decision-making, enhancing accountability and the effectiveness of development outcomes.

Development and social inclusion relies on the internet remaining a global resource, managed in the public interest as a democratic, free and pluralistic platform. States must promote and facilitate universal, equitable, affordable and high-quality Internet access for all people on the basis of human rights and net-neutrality, including during times of unrest.

The blocking of communications, such as the shutdown of social media in Malaysia, Turkey, and Venezuela is a violation of freedom of expression and must be condemned. Dissent online must be protected. We deplore the detention of Sombat Boonngamanong in Thailand, who faces up to 14 years imprisonment for using social media to urge peaceful resistance to the recent military coup in the form of a three-finger salute.

One year after the Snowden revelations, this Council must recognise that trust in the internet is conditional on respect for the rights to freedom of expression and privacy online, regardless of users’ nationality or location. Any mass (or dragnet) surveillance, which comprises collection, processing and interception of all forms of communication, is inherently disproportionate and a violation of fundamental human rights.

The targeted interception and collection of personal data must be conducted in accordance with international human rights law, as set out in the necessary and proportionate principles. Critical and intermediate infrastructure must not be tampered with for this end, nor should any system, protocol or standard be weakened to facilitate interception or decryption of data.

ARTICLE 19 urges the Human Rights Council to take action to comprehensively address these challenges.

Thank you.

Signed,

ActiveWatch – Media Monitoring Agency
Africa Freedom of Information Centre
Albanian Media Institute
Arabic Network for Human Rights Information
ARTICLE 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility 
Egyptian Organization for Human Rights
Foro de Periodismo Argentino
Foundation for Press Freedom – FLIP
Freedom Forum
Human Rights Watch
Index on Censorship
Institute for the Studies on Free Flow of Information
International Press Institute 
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa 
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Pacific Islands News Association 
Pakistan Press Foundation
PEN Canada
Privacy International
Reporters Without Borders
Southeast Asian Press Alliance
South East European Network for Professionalization of Media
West African Journalists Association
World Association of Community Radio Broadcasters – AMARC
Access
Alternative Informatics
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Bangladesh Internet Governance Forum
Bangladesh NGOs Network for Radio and Communications (BNNRC)
Barys Zvozskau Belarusian Human Rights House
Big Brother Watch
Bir Duino (Kyrgyzstan)
Bits of Freedom
Bolo Bhi Pakistan
Bytes For All
Center for e-parliament Research
Centre for Internet & Society
Center for National and International Studies, Azerbaijan
Center for the Development of Democracy and Human Rights, Russia
Chaos Computer Club
CIVICUS: World Alliance for Citizen Participation
Digital Rights Foundation, Pakistan
Electronic Privacy Information Center
English Pen
European Centre for Not-for-Profit Law (ECNL)
Helsinki Citizens’ Assembly – Vanadzor
Human Rights Monitoring Institute, Lithuania
International Centre for Not-for-Profit Law (ICNL)
International Federation for Human Rights (FIDH)
Kazakhstan International Bureau for Human Rights and Rule of Law
Kenya Human Rights Commission
Liberty
OpenMedia.org
Open Net Korea
Open Rights Group
Panos Institute West Africa
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC)
Simon Davies, publisher of “Privacy Surgeon”
Thai Netizen Network
Zimbabwe Human Rights Forum

Index launches project to map media freedom violations in Europe

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Index on Censorship and Osservatorio Balcani e Caucaso are launching mediafreedom.ushahidi.com to track media violations in Europe.

Index on Censorship, (London, United Kingdom) and Osservatorio Balcani e Caucaso, (Rovereto, Italy) have launched mediafreedom.ushahidi.com, a website that will enable the reporting and mapping of media freedom violations across the 28 EU countries plus candidate countries. The platform will collect and map out crowd-sourced information from media professionals and citizen journalists across Europe over the course of a year.

Based in London, Index on Censorship is an international organisation that promotes and defends the right to freedom of expression. Since its founding in 1972, Index has used a unique combination of journalism, campaigning and advocacy to defend freedom of expression for those facing censorship and repression, including journalists, writers, social media users, bloggers, artists, politicians, scientists, academics, activists and citizens.

“Index believes that free expression is the foundation of a free society and this website will enable journalists to report incidences of violations as soon as they happen. By mapping these reports online, the entire system will act as an advocacy, research and response tool, highlighting that violations on media freedom still occur in Europe.” explained Melody Patry, Index on Censorship senior advocacy officer.

Osservatorio Balcani e Caucaso (OBC) has been reporting on the socio-political and cultural developments of South-East Europe since 2000. Through the online platform, OBC will monitor and document media freedom violations in 11 countries, among which Bulgaria, Croatia, Greece, Romania, Serbia and others, and collect the needs of journalists under threat.

“We aim at improving the working conditions of media professionals and citizen journalists in Italy, South-East Europe and Turkey and ultimately at enhancing the quality of European democracy,” said Luisa Chiodi, scientific director of OBC.

This new website is part of a European Commission grant project under the EU’s Digital Agenda (DG Connect). In light of remaining violations to media freedom and plurality in Europe, and longer-term challenges in the digital age, the DG Connect launched a call for proposals to address the issue.

The successful candidates- the International Press Institute, Index on Censorship, Osservatorio Balcani e Caucaso together with SEEMO, Ossigeno per l’Informazione and Dr Siapera, as well as the European University Institute in cooperation with the Central European University– will spend the next year working on four projects, under the title European Centre for Press and Media Freedom.

For more information on the projects and the website, please read EU project to explore media freedom and pluralism or contact Melody Patry, [email protected], +44 (0) 207 260 2671 or OBC, [email protected].

EU project to explore media freedom and pluralism

(Photo: Anatolii Stepanov / Demotix)

(Photo: Anatolii Stepanov / Demotix)

Free speech has always been a concern to the EU, with flaws in the world of press freedom and pluralism in Europe still apparent today. In an attempt to raise awareness to these problems, both on an institutional scale and publicly, DG Connect, tasked with undertaking the EU’s Digital Agenda, launched a call for proposal for funding for a new project to allow NGOs and civil society platforms to research and develop tools to tackle this problem.

The successful candidates- the International Press Institute, Index on Censorship, Osservatorio Balcani e Caucaso and the European University Institute in cooperation with the Central European University– will spend the next year working on the project, under the title European Centre for Press and Media Freedom.

“It is true that we regularly receive concerns about media freedom and pluralism that come from citizens, NGOs and the European Parliament,” Lorena Boix Alonso, Head of Unit for converging media and content at DG Connect told Index.

The Vice President of the European Commission, Neelie Kroes, began implementing action on this topic in 2011 with the creation of a high level group on media freedom and pluralism, but there are still violations in the world of European media freedom that need to be dealt with. These projects will be useful to raise awareness, according to Boix Alonso, to something which many people have little knowledge on.

Index on Censorship

In 2013, an Index on Censorship report showed that, despite all EU member states’ commitment to free expression, the way these common values were put into practice varied from country to country, with violations regularly occurring.

Building on this report, the DG Connect-funded project will enable Index to implement real-time mapping of violations to media freedom on a website that covers 28 EU countries and five candidate countries. Working with regional correspondents, specialist digital tools will be used to capture reports via web and mobile applications, for which workshop training will be provided. Index led events across Europe will discuss the contemporary challenges currently facing media professionals, allowing them to share good practices, while learning how to use the tools.

“Index believes that free expression is the foundation of a free society. Enabling journalists to report on matters without the threat of censorship or violations against them means promoting the right to freedom of expression and information, which is a fundamental and necessary condition for the promotion and protection of all human rights in a democratic society,” explained Melody Patry, Index on Censorship Senior Advocacy Officer.

The DG Connect grant demonstrates the current focus of the EU on the needs of journalists and citizens who face these violations to media freedom and plurality, according to Patry, as well as longer term challenges in the digital age.

Click here to visit the mediafreedom.ushahidi.com website

The Centre for Media Pluralism and Media Freedom

For some, the need to safeguard media freedom is at the forefront of the work they do. The Centre for Media Pluralism and Media Freedom (CMPF) is one such organisation and, in collaboration with the Centre for Media and Communication Studies (CMCS) at the Central European University, will continue to do so with funding from DG Connect for their project Strengthening Journalism in Europe: Tools, Networking, Training.

“The role of journalists is to both serve as guardians of government power and to enable the public to make informed decisions about key social and political issues that affect their daily lives,” the CMPF and CMCS told Index.

“The ability of journalists to freely report on issues without censorship is therefore critical- it’s the cornerstone of the checks and balances that make democracies work.”

The collaborative project will develop legal support, resources and tools for reporters, editors and media outlets to help them defend themselves in cases of legal threat, as well as raising awareness to ongoing violations to free expression and how these “impact the foundation on which democratic systems are based.” NGOs and policy makers will also benefit from this EU-funded scheme.

The International Press Institute

For over 60 years the International Press Institute (IPI) has been defending press freedom around the world, working to improve press legislation, influencing the release of imprisoned journalists and ensuring the media can carry out its work without restrictions.

London may have earned the title over recent years of libel capital of the world but what restrictions are placed on European journalists through defamation laws? This question forms the base of the IPI project, analysing existing laws and practices relating to defamation on both a civil and criminal nature; comparing this to international and European standards; and looking to the extent of which these affect the profession of journalism in all 28 EU countries and five candidate states.

After initial research, workshops will be hosted in four countries where the IPI believes they will have the greatest impact on the ground in countries where press freedom is limited by defamation to teach journalists which defamation laws affect their work, what the legitimate limits to press freedom are and what goes beyond what is internationally accepted.

According to the IPI the EU currently has no strong standards with regards to defamation and the threat to press freedom, a fact the led to their project proposal. “We hope that at one point the work we are doing will lead to a discussion within the EU about the need to develop these standards,” Barbara Trionfi, IPI Press Freedom Manager, explained to Index. “The defence of press freedom is a fight anywhere and it does not stop even in western Europe. It is still a major problem.”

Osservatorio Balcani e Caucaso

“We aim at improving the working conditions of media professionals and citizen journalists in Italy, South-East Europe and Turkey and ultimately at enhancing the quality of democracy,” Francesca Vanoni, Project Manager at Osservatorio Balcani e Caucaso (OBC) told Index.

OBC has been reporting on the socio-political and cultural developments of south-east Europe since 2000 and through their DG Connect funded project will monitor and document media freedom violations in nine countries, including Bulgaria, Croatia, Macedonia, Romania and Serbia.

Offering practical support to threatened journalists, the project will raise public awareness of the European dimension on media freedom and pluralism, stimulating an active role of the EU with regard to media pluralism in both member states and candidate countries. This will be implemented, among other means, through social media campaigns, a crowd-sourcing platform, an international conference for the exchange of best practices and transnational public debates.

The idea behind the project was to help build a European transnational public sphere in order to strengthen the EU itself. The ethics and professionalism of media workers is crucial, according to Vanoni. A democratic environment is built upon the contribution of all parts involved: “The protection of media freedom is fundamental for the European democracy and it cannot be left aside of the main political priorities.

“Being part of a wider political community that tackles shared problems with shared solutions offers stronger protection in case pluralism is threatened,” explained Vanoni.

To make a report, please visit http://mediafreedom.ushahidi.com

This article was published on May 20, 2014 at indexoncensorship.org

Groups celebrate European support on World Press Freedom Day

VIENNA, April 30, 2014 – The European Commission’s support for projects addressing violations of media freedom and pluralism, and providing practical support to journalists, gives European Union countries reason to celebrate this year on May 3, World Press Freedom Day, media freedom watchdogs said today.

However, new research into defamation law and practice – one of four, one-year projects launched in February under a Commission-funded grant programme focusing on the 28 EU member and five candidate countries – has shed light on one big elephant in the room, the Vienna-based International Press Institute (IPI) said. Preliminary results of a study by IPI and the Center for Media and Communications Studies (CMCS) at Budapest’s Central European University reveal that criminal laws in the EU addressing libel, slander, and insult remain rife and, in many cases, contravene international and European standards.

Furthermore, as another project, “Safety Net for European Journalists”, registered, attacks on journalists continue to represent a major challenge to press freedom in Europe. Research and field work by the Osservatorio Balcani e Caucaso, IPI affiliate the South East Europe Media Organisation (SEEMO), Ossigeno per l’Informazione and Dr. Eugenia Siapera of Dublin City University have shown that journalists across Southeast Europe, Turkey and Italy often face common threats and pressure, highlighting a crucial need for transnational support.

“Media freedom and pluralism can unfortunately not be taken for granted in Europe,” Neelie Kroes, vice-president of the European Commission responsible for the Digital Agenda, said. “We all, governments, NGOs, the media, and the EU institutions have a role to play in standing firmly to defend these principles, in Europe and beyond, now and tomorrow, on and off-line. I am interested to see what the outcome of the independent projects will be.”

The European Commission grant programme, the “European Centre for Press and Media Freedom”, is funding two projects in addition to IPI’s project researching the effects of defamation laws on journalism in Europe and raising awareness of the same, and the “Safety Net” project establishing a transnational support network for journalists in Southeast Europe, Turkey and Italy. Index on Censorship has created a project to map media freedom violations, and the Florence-based Centre for Media Pluralism and Media Freedom (CMPF), also working in conjunction with CMCS, is creating tools and networks to strengthen journalism in Europe.

The grantees’ work, combating violations of the fundamental right to press and media freedom, is intended to play a critical role in protecting both the fundamental human right of free expression, as guaranteed by Article 11 of the EU’s Charter of Fundamental Rights, as well as the media’s instrumental role in safeguarding democratic order.

Some of the grantees will also collaborate to establish an intra-European network of legal assistance for media outlets facing legal proceedings.

IPI and CMCS plan to launch a comprehensive report in early June on the status of criminal and civil defamation law in EU member and candidate countries, intended to help identify states where engagement is required most urgently. The report will evaluate each country across a number of categories, including the types of defences and punishments available and the existence of provisions shielding public officials, heads of state, or national symbols from criticism. It will also include a first-of-its-kind “perception index” to gauge the subjective effect that criminal and civil defamation proceedings have on press freedom.

Preliminary research shows that, in nearly all EU member states, libel and insult remain criminal offences punishable with imprisonment – up to five years in some cases – and that journalists continue to face prosecutions in numerous countries, particularly Croatia, Greece, Hungary, Italy, Malta and Portugal. While some countries have seen movement toward decriminalisation, only a small minority of states have fully abolished criminal libel and insult provisions, among them Ireland, Romania and Britain.

A key finding so far is that while national courts in many cases apply European Court of Human Rights precedents on protection of freedom of expression, few EU member states have adopted legislation that meets these standards. This is particularly true with regard to defences available to journalists in libel proceedings. In IPI’s view, the lack of modern legislation clearly establishing defences of truth, public interest, fair comment and honest opinion contributes to an atmosphere of uncertainty and potential self-censorship on matters of public interest.

Additionally, the research so far has shown that legal protections shielding public officials from scrutiny are prevalent in many countries, and that such provisions often are found in tandem with increased punishments for journalists and media outlets that publish content that could be deemed defamatory. The combination of these two instruments – present in the laws of many EU member states – significantly weakens legal safeguards that enable journalists and media outlets to perform their necessary watchdog roles. Such barriers pose undue restrictions on freedom of expression rights and the public’s right to know, as established by international and EU conventions and treaties.

Despite clear challenges, however, the research has also found several important positive movements, including the enactment of modern civil defamation legislation in Ireland in 2009 and in England and Wales in 2013, as well as the full repeal of criminal libel in those jurisdictions. The removal, for the most part, of prison sentences as a punishment for libel in Finland, new discussions among Italian lawmakers to end imprisonment for criminal defamation and the repeal of a French law punishing insults to the president all indicate a growing, if slow, willingness to tackle archaic legislation.

If you would like more information or to schedule an interview with IPI Senior Press Freedom Adviser Steven M. Ellis, please call +43 (1) 512 9011 or email [email protected].