A/HRC/11/4
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necessary and proportionate to the objective they propound to achieve, and should include the
least intrusive means insofar as freedom of expression is concerned, to prevent a chilling effect.
The adjudication of such limitations should be made by an independent judiciary.
41. The right to freedom of expression cannot be exercised passively, but requires a lasting
commitment by States to ensure the mechanisms that guarantee and protect it. Mechanisms for
criticism, including of political leaders, are deemed important to hold individuals accountable.
Freedom of expression is not limited to statements that are considered appropriate or beneficial;
any boundaries should directly adhere to the wording of the International Covenant on Civil and
Political Rights.
42. In many countries, overbroad rules in this area are abused by the powerful to limit
non-traditional, dissenting, critical or minority voices, or discussion about challenging social
issues. Furthermore, resolution of tensions based on genuine cultural or religious differences
cannot be achieved by suppressing the expression of differences but rather by debating them
openly. The Special Rapporteur notes that free speech is therefore a requirement for, and not an
impediment to, tolerance.
C. Safety and protection of journalists and media professionals in conflict zones
43. The protection of journalists engaged in dangerous missions during an armed conflict is a
major concern for the international community and in the last year remained a key obstacle for
achieving the full implementation of the right to freedom of opinion and expression. In 2008, a
total of 60 journalists were killed, some 29 media professionals were kidnapped and 929 were
physically attacked or threatened throughout the year.5
44. Violent conflicts in many parts of the world, and specifically in Afghanistan, Iraq, the
Middle East, Somalia, the Sudan and recently Ossetia, have a serious impact on the ordinary
population, including journalists and media professionals. Large numbers of journalists are either
assassinated, wounded by direct armed attacks during the fighting or deliberately targeted and
kidnapped by the parties to the conflict. The proliferation of small arms, the use of increasingly
sophisticated weapons by belligerents and the concern to win the war of images worsens the
situation of physical safety for civilians and media professionals. Such attacks, in blatant
violation of international humanitarian and human rights law, are committed in an environment
of almost total impunity.
45. The Special Rapporteur received numerous reports concerning deliberate attempts to target
journalists, particularly in areas of ongoing armed conflict. The evolution of modern warfare has
a serious impact on the freedom of expression, the freedom of the press, and on the quality and
independence of information, which are the basic components of a free media. Factors
contributing to this are, among others, the loss of the civilian status of media professionals that
5
Reporters Without Borders, Press Freedom Round-up; see
www.rsf.org/article.php3?id_article=24909.
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