A/HRC/20/17
53.
Another threat to the freedom of journalists and to press freedom is the increasing
use of criminal law on defamation, slander or libel by public officials to silence criticism
regarding their personal activities or public policies. The mere use of such “judicial
harassment” generates a climate of fear and a “chilling effect” which encourages selfcensorship. This issue is further explored under section D below on criminalization of
expression.
54.
An attack against a journalist is not only a violation of his or her right to impart
information, but also undermines the right of individuals and society at large to seek and
receive information, both of which are guaranteed under articles 19 of the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Rights
respectively. Indeed, without respect for freedom of expression, and in particular freedom
of the press, an informed, active and engaged citizenry is impossible. An attack against a
journalist is therefore an attack against the principles of transparency and accountability, as
well as the right to hold opinions and to participate in public debates, which are essential
for democracy.
55.
In addition to articles 19 of the Declaration and of the Covenant, which protect the
right of journalists to seek, receive and impart information and ideas of any kind through
any medium of communication, journalists are also protected under other provisions in
international human rights law, including the right to life, freedom from torture and
arbitrary arrests and detention, and the right to an effective remedy.
56.
Despite the existence of provisions in international human rights law which protect
their right to seek, receive and impart information and ideas of all kinds, journalists across
the world continue to face risks and challenges in carrying out their work. The Special
Rapporteur reiterates that the problem with regard to continued and increasing violence
against journalists is not a lack of legal standards, but the lack of implementation of
existing norms and standards (A/65/284, para. 83). It is therefore essential that these
existing norms and standards be implemented at the national level. The Special Rapporteur
wishes to emphasize again that although the origin of the acts of violence may not initially
be known, the primary responsibility of protecting journalists, fully investigating each case
and prosecuting those responsible lies with Governments and State institutions
(A/HRC/4/27).
57.
As well as having an obligation to prevent human rights violations against
journalists, such as killings, ill-treatment or unlawful arrest, States also have a
responsibility to ensure that their national legal systems do not permit impunity in cases
when such violations take place. The issue of impunity is further discussed below.
58.
The Special Rapporteur would like to underscore that given that the causes of
violence, as well as of impunity, vary in each context, strategies or protection mechanisms
established to protect journalists must be tailored to local needs with context-specific
consideration of the differing needs of journalists.
59.
States are also responsible for ensuring that legal measures, such as anti-terrorism or
national security laws, are not used to limit freedom of expression by leading to the arrest
and detention, or to fear of arrest and detention, among journalists. The issue of
criminalization of freedom of expression, which has a direct impact on the ability of
journalists to carry out their work, is further examined below.
60.
For their part, journalists and media organizations also have a responsibility to take
precautionary safety measures to ensure their own protection. Additionally, by voluntarily
adhering to global standards of professionalism, journalists can also enhance their
credibility in the eyes of society and their legitimate protection concerns. Such standards of
journalistic professionalism include those that have been developed and adopted by
journalists and media workers themselves, such as the Declaration of Principles on the
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