A/HRC/4/27
page 12
43.
The intervention of a global organization will be crucial to ensure the financial support
necessary to developing countries for the enlargement of the broadband, especially in areas
where geopolitical obstacles, or merely the absence of wide masses of customers, would prevent
the intervention of private providers. As often reiterated, the international community cannot
miss this occasion to reduce the digital divide and should devote every effort to it. This
opportunity to enhance freedom of expression will automatically boost many other human rights,
including economic rights, by creating new business opportunities in communication-related
industries.4
C. Decriminalization of defamation offences
44.
The right to question ideologies, political figures, social and economic actors, especially
for investigative aims, is thoroughly legitimate and represents a significant part of the exercise of
the right to freedom of opinion and expression. Attacks on the private life of the individual and
on his/her inner beliefs and values - such as religion, family, etc. - are by far more controversial.
Similarly, mockery of disabilities and other forms of discrimination like racism would hardly be
tolerated in several models of civil society.
45.
The exercise of freedom of expression by media professionals demands good
judgement, rationality and a sense of responsibility. The use of stereotypes, labelling and
insulting deep-rooted religious feelings are not conducive to creating an enabling environment
for constructive dialogue among different communities. The polarization of opinions can spread
ethnic and religious hatred, thus endangering delicate social and cultural balances and a
harmonious multicultural society.
46.
Under international law, restrictions to the exercise of the right to freedom of
expression are required to respect three conditions, which should be enforced simultaneously:
(a) restrictions must be provided by law, (b) they should pursue an aim recognized as lawful, and
(c) be proportionate - especially the time-span of any restrictive measure - to the accomplishment
of that aim. While the protection of the rights and reputation of others and the protection of
national security are certainly legitimate aims, the real challenge is, to a greater extent, to protect
and to promote freedom of expression without creating additional barriers. Too often
defamation cases mask political and economic powers’ determination to retaliate against
allegations of mismanagement or corruption, and to exert undue pressure on media
independence.
47.
A statement can be considered as defamatory under certain specific conditions: it must
be published, in a spoken, written, pictured or gestured form. Written and pictured statements,
which include drawings, video clips, and movies and so on, are considered more serious offences
as they last longer than mere verbal statements, which are generally defined as slander. The
4
On this matter see: The Information Economy Report 2006: The Development Perspective,
UNCTAD/SDTE/ECB/2006/1 (16/11/2006).
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