A/HRC/7/14
Page 24
On censorship
69.
The Special Rapporteur recommends that Governments adopt legislation that
unambiguously prohibits all forms of censorship in media outlets, both in the traditional
media and the Internet. Defamation, libel and insult charges, particularly when
stemming from public figures and specifically State authorities, do not justify any form
of prior censorship.
70.
Administrative and bureaucratic regulations of media outlets, including
licensing, should be clearly established by law and overseen by independent institutions.
The Special Rapporteur urges Governments not to make subjective use of these
regulations as a means to exert undue pressure, suspend or ban media outlets.
71.
The Special Rapporteur urges Governments to extend the measures to protect
freedom of opinion and expression to the Internet, in particular to website contributors
and bloggers, who should be granted with the same level of protection as any other type
of media. Internet providers and website registration with national authorities should
not be subject to any specific requirement. The right to privacy of Internet users should
be protected in all circumstances, except cases of child pornography and incitement to
racial, religious and ethnic hatred. Any legal dispute arising from the use of the Web
should be dealt with in the country where the website has its origin.
On diversity
72.
The Special Rapporteur urges Governments to take the appropriate measures to
create a free and enabling environment where a plurality of media outlets can exist. In
this regard, adequate measures need to be taken to prevent the phenomenon of media
concentration, in particular the creation of media monopolies that could endanger
pluralism, affect media independence and increase the cost of information. These
measures should be taken by independent institutions that are protected against
political or other forms of interference, particularly from the Government. The
legitimate aim of preventing media concentration should not be used as a justification to
exert undue pressure on outlets that are critical or independent.
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