A/HRC/4/27
page 21
other human rights instruments like the International Covenant on Civil and Political
Rights, the African Charter on Human and Peoples’ Rights, the American Convention on
Human Rights and the European Convention for the Protection of Human Rights and
Fundamental Freedoms should guide Governments and the international community at
large in this endeavour.
80.
In the meantime, the Special Rapporteur recommends that all States guarantee
freedom of opinion and expression on the Internet, inter alia, by extending to websites
contributors and bloggers the same legal protection as media professionals. Transparency,
openness and accountability should be promoted in order to enrich debates and dialogues.
Internet providers and websites registration with national authorities should not be subject
to any specific requirement other than necessary legislative provisions protecting against
child pornography. Moreover, States should make sure that Internet governance will
promote the universal availability of new technologies and not be limited by economic and
commercial considerations only, with the aim of spreading education and awareness
especially in less developed areas.
81.
The Special Rapporteur strongly recommends to Governments to decriminalize
defamation and similar offences. These should be dealt with under civil law. The amount
of fines to be paid as compensation should be reasonable and allow the continuation of
professional activities. The Special Rapporteur also urges Governments to release
immediately and unconditionally all journalists detained because of their media-related
activities. Prison sentences should be excluded for offences concerning the reputation of
others such as defamation and libel.
82.
Governments should also refrain from introducing new norms which will pursue the
same goals as defamation laws under a different legal terminology such as disinformation
and dissemination of false information. Under no circumstances, criticism of the nation, its
symbols, the Government, its members and their action should be seen as an offence.
Elected officials and authorities’ officials should be conscious that, because of their role,
they might attract the attention of the press in the implementation of their functions. On
the other hand, Governments should make sure that the right to privacy, especially in
relation to family life and minors, is sufficiently protected without curtailing the right to
access to information, which contributes to transparency and democratic control of public
affairs.
83.
In this context, the Special Rapporteur encourages Governments to consider the
opportunity of establishing an independent authority on communications, whose members
possess relevant expertise in related fields, and a media ombudsperson, which could
respectively be entrusted with the implementation of relevant laws and regulations and
with mediator’s functions with regard to media offences without recurring to criminal law.
These authorities will impartially evaluate the seriousness of violations and issue sentences
that would not put at risk the core values of freedom of expression.
84.
The joint action of an authority on communications and a media ombudsperson
could ultimately ensure that, in addition to economic and political groups, various actors of
civil society, local communities and minorities, and vulnerable groups can exercise their
right to freedom of opinion and expression through unimpeded access to media. Such an
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