A/HRC/24/23
B.
Legislative measures
52.
Political commitment must also be translated into the design, promulgation and full
implementation of laws for the protection of journalists in accordance with States’
international human rights obligations.
53.
National laws must provide special protection for journalists in due recognition of
their public function through, for example, amendments to civil and criminal codes.
Consideration may be given to incorporating, by law, journalists and other media
professionals into any existing legal framework for the protection of human rights
defenders.
54.
Progressive laws protecting the right to freedom of opinion and expression are
essential. Any restriction on the right must be provided by law, only imposed for one of the
grounds set out article 19(3) of the International Covenant on Civil and Political Rights, and
be necessary and proportionate. Any restriction should also be formulated with sufficient
precision to enable an individual to adjust his or her conduct accordingly, and be easily
accessible to the public. Measures criminalizing any form of freedom of expression should
be revoked, except insofar as they constitute permissible and legitimate restrictions. States
should also ensure that legislative measures, such as counter-terrorism or national security
laws, cannot be used to threaten or undermine the safety of journalists.
C.
Combating impunity measures
55.
Ensuring accountability for attacks against journalists is a key element in preventing
future attacks; failure to do so could violate a State’s human rights obligations and
contribute to the culture of impunity that perpetuates violence. It may also be interpreted as
tolerance of or acquiescence to violence on the part of the State. As such, the investigation
and prosecution of all attacks against journalists through an effective and functioning
domestic criminal justice system and the provision of remedies to the victims are
imperative.
56.
Investigations into suspected attacks should be carried out by a special investigative
unit or an independent national mechanism, particularly in countries where there is a high
incidence of reported attacks against journalists. Such a unit or mechanism should be
established by law and empowered to monitor and carry out investigations into cases and
issues related to the protection of journalists and other media professionals. It may also be
empowered to coordinate policy and action between different government authorities, and
have the competency to make recommendations to the Government. The unit or mechanism
must be sufficiently resourced and staff should be appropriately trained to ensure that it
operates independently and effectively. Journalists and civil society organizations should be
able to participate in the design, functioning and evaluation of such a body.
57.
Investigations into suspected attacks against journalists should be conducted
effectively, promptly, thoroughly, independently and impartially. This can be facilitated
through the development of protocols and methods by police and prosecutors. During
investigations, any link between the suspected attack and the journalist’s professional
activities should be considered. Where the evidence requires, the person allegedly
responsible for the attack must be prosecuted.
58.
Information-gathering mechanisms, such as databases, should be established to
permit the gathering of verified information about threats and attacks against journalists.
The information collected should not only inform policy development and the assessment
of necessary protective measures, but also contribute to prosecutions. Where civil society
groups have established such information-gathering mechanisms, cooperation between
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