A/HRC/4/27
page 4
Introduction
1.
The present report, submitted pursuant to Commission on Human Rights
resolution 2005/38 and Human Rights Council decision 1/102, is the fifth annual general
report by Ambeyi Ligabo, appointed Special Rapporteur on the right to freedom of opinion
and expression on 26 August 2002. As in previous years, a summary of communications sent to
and received from Governments is contained in addendum 1 to the present report
(A/HRC/4/27/Add.1).
2.
Issues addressed in this report include, inter alia, an update of matters analysed in the
Special Rapporteur’s previous reports to the Commission on Human Rights, in particular Internet
Governance, legislation concerning defamation offences, security of journalists, and a large part
devoted to the analysis of the phenomenon of defamation of religion and freedom of expression
(see E/CN.4/2006/55 and E/CN.4/2005/64).
3.
Owing to the limit of the length of the report, a number of issues, which are nowadays
essential for the understanding of freedom of expression and of information, are not treated in
this year’s report. However, subjects like hate speech, access to information, restrictions
imposed by anti-terrorist legislation, the role of women, minorities and vulnerable groups in the
implementation of the right to freedom of opinion and expression, the decline of print media,
will continue to be examined in future reports.
4.
For the time being, the Special Rapporteur would like to briefly recall that print media is
a fundamental instrument for the dissemination of ideas and opinions and, at the same time, it
educates the reader to develop a critical approach and to analyse the information provided.
Efforts should be done to contrast the decline of the print media in favour of the development of
the television sector and of Internet.
5.
The right to access to information is not limited to the sphere of media, but also includes
the possibility for all citizens to have access to information regarding public life and interests.
Governments should review their national legislation and encourage a culture of transparency
and openness in public affairs. Confidentiality and secrecy may temporarily be justified to
protect States interests and their populations in case of grave attempts to overturn the democratic
rule and should be authorized by a judicial body. The termination of judicial procedures,
including those related to State secrets, should engage the removal of the clauses of
confidentiality and secrecy.
I. ACTIVITIES
A. Analysis of information, communications and trends
6.
One of the most significant features of the Special Rapporteur’s mandate is the analysis
of new policies, practices and measures having had an impact on the implementation of the right
to freedom of opinion and expression, through information received from Governments,
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