A/HRC/45/52 B. Violations of the right to freedom of opinion and expression 40. The right to freedom of opinion and expression is enshrined in the Provisional Federal Constitution of 2012 and the 2016 media law, as well as in a number of international and regional instruments to which Somalia is a party. On 14 January 2020, the upper house of Parliament approved amendments to the 2016 media law. The law as amended is currently awaiting presidential promulgation. 41. While the approval of amendments can be considered to be a step in the right direction, the Independent Expert is concerned that certain provisions of the media law as amended curtail freedom of opinion and expression and constitute violations of international human rights law. For instance, the provision prohibiting independent media outlets from broadcasting news deemed to be against the national interest, including in the areas of security, the economy and public policy, and the lack of clear definitions of key terms – such as “fake news”, “incitement of conflict or encouragement of tribalism” and “unfounded propaganda” – could constitute a form of censorship and a means to suppress independent voices.33 Moreover, the composition and appointment process of the Somali Media Council, whose responsibilities include mediating and resolving complaints, granting and revoking media licenses and presenting awards and taking disciplinary measures against journalists, editors and media outlets, does not guarantee independence and could promote self-censorship.34 In addition to being a member of the Somali Media Council, the Ministry of Information is also in charge of recommending the list of members of the Somali Media Council for approval by the Council of Ministers, giving the Government excessively broad discretionary powers and control over the media. The Independent Expert cautions against the use of administrative regulations, such as licensing and fines, to exert undue pressure on or to suspend or ban media outlets. 42. On the occasion of World Press Freedom Day, on 3 May 2020 President Farmajo announced a reform of the 1964 Penal Code, which is routinely used to suppress media freedom and the right to access to information. In another positive development, on 21 May, the Banaadir Regional Court issued a letter to the Attorney General’s Office requesting investigations into the killings of over 50 journalists following a complaint by the National Union of Somali Journalists. While these developments provide hope that there will be increased accountability for human rights violations perpetrated against journalists, the situation remains worrisome. In 2020, Somalia ranked 163rd out of 180 countries listed in the World Press Freedom Index.35 43. The Independent Expert has continued to receive reports of alleged killings, physical attacks, arbitrary arrests and detentions without charges, acts of harassment and intimidation of journalists, suspension of broadcasts aired by television stations and other media outlets by the Somali authorities at the federal and state levels and by Al-Shabaab.36 Journalists and media outlets are routinely targeted for reporting on issues that are considered to be against the national interest. For instance, on 10 January 2020, journalists were prevented from covering the election of the Galmudug Regional State Assembly and decided to suspend their work in protest. 37 Most of the charges against journalists and media outlets are for spreading “false news”, which is criminalized in the Penal Code and punishable with imprisonment of up to six months, a penalty that is incompatible with international law. 44. According to a recent report by the Federation of Somali Journalists, between May 2019 and May 2020, 4 journalists were killed, 47 were physically tortured or harassed, 7 were wounded and 64 were arbitrarily arrested across Somalia. In addition, five media 33 34 35 36 37 10 Bill amending the media law, arts. 3–4. Ibid., arts. 14–15. See https://rsf.org/en/ranking#. See, for example, www.amnestyusa.org/wp-content/uploads/2020/02/Somalia_We-live-in-perpetualfear.pdf. See https://sjsyndicate.org/2020/01/13/journalists-covering-galmudug-election-protest-againstrestrictions-tv-editor-released/.