A/HRC/20/17 Special Rapporteur has sent communications to several countries regarding issues such as impunity, journalists reporting on violence and organized crime, as outlined in chapters II and III above. 77. Combating impunity and ensuring the protection of journalists requires strengthening respect for the rule of law and ensuring that the domestic legal framework and institutions promote the right to freedom of expression and support the establishment of free, independent and pluralistic media. The Special Rapporteur notes with concern the continuing existence and application of domestic legislation which criminalize expression. D. Criminalization of expression 78. Ensuring that journalists can effectively carry out their work means not only preventing attacks against journalists and prosecuting those responsible, but also creating an environment where independent, free and pluralistic media can flourish and journalists are not placed at risk of imprisonment. The Special Rapporteur expresses his deep concern that the current total number of journalists imprisoned worldwide is reportedly the highest since 1996, with 179 journalists behind bars as at 1 December 2011. 8 Reportedly, the work of 86 imprisoned journalists – half of the total imprisoned – has primarily appeared online. In addition, journalists may be victims of short-term detentions, which can also heighten the climate of intimidation. Such detentions are often difficult to document statistically. 79. Indeed, the Special Rapporteur remains concerned at the continuing existence and use of criminal laws against journalists and members of the media, which are often used by authorities to suppress “inconvenient” information and to prevent journalists from reporting on similar matters in the future. Consequently, there is a chilling effect which stifles reporting on issues of public interest. Charges such as treason, subversion and acting against national interests continue to be brought against journalists worldwide, as well as allegations of terrorism and criminal defamation for reporting false news or engaging in ethnic or religious insult. 80. As stressed previously, including in the report to the General Assembly (A/66/290), there are four types of expression or information which States are required to prohibit under international law: child pornography; incitement to genocide; advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence and incitement to terrorism. Other types of information or expression, which States are not required to prohibit, but may be restricted in exceptional and limited circumstances primarily to protect the rights of others, are established under article 19, paragraph 3, of the International Covenant on Civil and Political Rights. However, while protecting individuals from false and malicious accusations, protecting national security or countering terrorism are legitimate interests, the Special Rapporteur remains concerned that such pretexts are used by authorities to unduly control and censor the media and to evade transparency or to silence criticism of public policies. 81. The Special Rapporteur reiterates that any restriction to the right to freedom of expression must satisfy the three-part test stipulated in article 19, paragraph 3, of the Covenant: (i) the restriction imposed must be provided by law, which is clear and accessible to everyone; (ii) it must be proven as necessary and legitimate to protect the rights or reputation of others; national security or public order, public health or morals; and 8 14 See CPJ special report, “Imprisonments jump worldwide, and Iran is worst,” available at http://www.cpj.org/reports/2011/12/journalist-imprisonments-jump-worldwide-and-iran-i.php.