A/HRC/4/27
page 20
75.
There is a constant trend, which has the support of the Special Rapporteur, towards the
decriminalization of defamation offences. The number of countries that have adopted new
legislation moving this category of offence under civil law is on the increase. Unfortunately,
criminal charges, sentencing to prison terms and the imposition of heavy fines for defamation,
libel and slander are still common in many other countries.
B. Recommendations
76.
The Special Rapporteur urges Governments to assess existing national legislation
and judicial practices related to all forms of freedom of opinion and expression and
commence, whenever necessary, reform processes in order to guarantee conformity to
international human rights norms and regulations. The Special Rapporteur also
recommends Governments to consider, inter alia, the protection and the promotion of
media independence as a priority, in order to ensure a constant advancement in the field of
freedom of expression and information.
77.
The Special Rapporteur invites the Human Rights Council to address, in an open
debate, the recommendations included in the joint report submitted at its second session by
the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance
on the question of defamation of religion and incitement to religious hatred (A/HRC/2/3).
This report contains a comprehensive set of recommendations and conclusions for further
action from the Council, with a view to promoting a balanced approach to the search for
peaceful coexistence among peoples of different religions and cultures.
78.
The Special Rapporteur urges existing independent media authorities and media
associations to be vigilant about the use of forms of expression characterized by defamation
of religions and discriminatory connotations of ethnic and other vulnerable groups. The
indiscriminate use of labelling of women, minorities and other groups, especially migrants
and asylum-seekers, endangers the public debate and fuels self-censorship and a sense of
fear. These forms of expression also have a negative impact on the quality and the dignity
of journalism, and ultimately jeopardize media integrity. In this connection, media
associations should systematically organize human rights training, if necessary with the
assistance of relevant United Nations bodies and other expert organizations, for their
members in order to enhance professional ethics and human rights awareness. Media
associations should also ensure that most sensitive societal issues are constantly debated in
professional forums.
79.
The Special Rapporteur vigorously emphasizes that any new intergovernmental
body administrating, partially or totally, Internet governance must be anchored in a
human rights vision. The universality of the right to freedom of opinion and expression,
as defined in article 19 of the Universal Declaration of Human Rights, and reiterated in
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