A/HRC/44/49/Add.1
61.
The Special Rapporteur recalls that under international human rights law, the
burden of proof is on States to demonstrate that the use of counter-terrorism and
national security measures is necessary, appropriate and proportionate in each
particular instance. The Special Rapporteur calls upon the authorities to ensure that
the implementation of the new legislation aimed at countering terrorism does not
hinder the work and safety of journalists and individuals engaged in promoting and
defending human rights.
62.
The Special Rapporteur supports the efforts of the authorities to create
independent public institutions that can be free from political or ethnic affiliations. He
urges the Government to continue to strengthen the independence of the judiciary, at
both the federal and the state levels.
63.
The Special Rapporteur invites the Government to share draft legislation
impacting human rights in general, and freedom of expression in particular, with
relevant human rights bodies and mechanisms, especially with the Office of the United
Nations High Commissioner for Human Rights, as well as with the Ethiopian Human
Rights Commission, civil society organizations and other members of the public, for
their inputs.
B.
Media freedom and access to information
64.
The Special Rapporteur urges the authorities to continue to promote a diverse,
free and independent media environment, with a clear regulatory framework for
broadcasters that is free from political and commercial interference or pressure.
65.
The Special Rapporteur recommends that the authorities strengthen media
literacy and professionalism, ensure that public media have sufficient financial and
human resources, promote media self-regulation as part of striving for accuracy in
news reporting, provide targeted educational measures to strengthen the sector’s
capacity, and guarantee the independence of the broadcasting authority.
66.
The Special Rapporteur is mindful that disinformation misleads and interferes
with the public’s right to know and to seek, receive and impart information and ideas
of all kinds. However, he believes that the use of criminal sanctions is generally
inappropriate to address false news, and that imprisonment is never an appropriate
penalty. He urges the authorities to decriminalize the offence of defamation and to
provide for reasonable civil liabilities.
67.
In the light of threats and violence faced by journalists covering public events,
especially women journalists, the Special Rapporteur calls upon authorities and
others to publicly express their rejection of any form of threat and intimidation
against journalists or other professionals carrying out reporting work and to initiate
prompt and impartial investigations and prosecutions.
68.
The Special Rapporteur urges the authorities to encourage and support the
expansion of Internet access, while developing digital literacy tools to address and
reduce concerns about privacy, and about hatred and intolerance, acts of intimidation
and harassment, and restrictions to freedom of expression that may exist online.
69.
Under international law, readily accessible and understandable information
should be made available to the public. The Special Rapporteur urges the authorities
to consider the right to access information as a priority, particularly in times of
political reform and social tensions.
70.
The Special Rapporteur recalls that shutdown of the Internet and
telecommunication networks not only often fails to meet the necessity and
proportionality test, but also affects emergency services and economic activities. He
urges the authorities to ensure that any disruption has a legal basis that is in line with
international law. He further urges the authorities to refrain from imposing Internet
or telecommunications network disruptions and shutdowns.
16
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