A/HRC/24/38
corporate–media manipulation. There is a legitimate democratic expectation that the media
will have not only diversity of ideas but also diversity of ownership. Domestically, each
government should take a close look at its telecommunications legislation, at the
concentration of ownership in the media, and utilize anti-trust legislation to break up
conglomerates that hinder open debate and diversity. What passes for journalism in many
countries actually leaves the population indoctrinated, not informed. Too often journalism
reflects a structural bias for the elites, the government and corporate interests.
37.
Whereas freedoms of opinion, the media, peaceful assembly and association are
absolutely essential to every democracy, these rights are lacking in some countries and
hollowed out elsewhere. State censorship constitutes an obvious violation of article 19 of
ICCPR, but censorship is also practiced by the private sector, engendering the same
undemocratic result: a manipulated public. State interference with the media and Internet is
a worldwide problem. On 17 July 2011, the Human Rights Committee adopted General
Comment 34, in which it addressed the threats to freedom of opinion and expression,
including defamation laws, blasphemy laws, and memory laws, which interfere with the
free flow of ideas and necessary debate thereon:
(a)
“Defamation laws must be crafted with care to ensure that they …do not
serve, in practice, to stifle freedom of expression. All such laws, in particular penal
defamation laws, should include such defences as the defence of truth …” (paragraph 47);
(b)
“Prohibitions of displays of lack of respect for a religion or other belief
system, including blasphemy laws, are incompatible with the Covenant…” (paragraph 48).
(c)
“Laws that penalize the expression of opinions about historical facts are
incompatible with the obligations that the Covenant imposes on States parties in relation to
the respect for freedom of opinion and expression. The Covenant does not permit general
prohibition of expressions of an erroneous opinion or an incorrect interpretation of past
events…” (paragraph 49).
38.
Such laws have totalitarian implications and consequences, violate human dignity,
the right to open debate, academic freedom, and ultimately lead to intellectual stagnation
and self-censorship63, which have adverse consequences on the ability of people to
participate in decision–making.
39.
Access to truthful and reliable information from diverse sources is indispensable to a
responsible citizenry and to the exercise of the vote. Freedoms of expression and peaceful
assembly are not only rights but also civic duties that should be exercised freely and openly
in every democracy. Freedom of expression is not just the right to echo politically correct
ideas, but the right to express one’s personal convictions, which necessarily includes the
right to be wrong. In some countries, the right to demonstrate is significantly curtailed and
plagued by red tape; in others, demonstrators are arrested or even killed.
40.
Increasingly, it seems that some media carry primarily the views of the elites. Even
on controversial issues, there is lack of balance and little competitive opportunity for views
other than those of the advertisers. Relentless advertising and hyper-commercialization of
the media also have the effect of misleading the public, distracting their attention from real
issues and making the audience addicted to sensationalist, trivial or trash news. A corporate
media that only seeks profit and neglects public interest fails the test of a democratic media.
63
Human Rights Committee General Comment No. 25, para 4, Human Rights Committee General
comment 34, para. 49. Alfred de Zayas and Aurea Roldan Martín, “Freedom of Opinion and Freedom
of Expression: Some Reflections on General Comment No. 34 of the UN Human Rights Committee”
in Netherlands International Law Review, 2012, pp. 425–454.
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