A/HRC/20/17
and detained, particularly in the run-up to elections, often on the basis of vague antiterrorist or national security laws. The Special Rapporteur is deeply concerned that
the current number of journalists in prison is the highest since 1996. Criminal
prosecution of journalists creates a “chilling effect” that stifles reporting on issues of
public interest.
98.
The precarious situation of journalists is further exacerbated by a culture of
impunity. Failure to undertake effective investigations and to prosecute those
responsible for attacks against journalists perpetrates further violence and
undermines the ability of journalists to report on similar matters in the future.
99.
The protection of journalists and combating impunity requires context-specific
measures that address the specific risks in each situation and effectively addresses the
root causes of attacks. While there are many organizations committed to ensuring the
protection of journalists at all levels, there has not been much collaboration and joint
strategies adopted at the international level. The Special Rapporteur thus welcomes
the initiative to draft a United Nations joint Plan of Action on the Protection of
Journalists and the Issue of Impunity and looks forward to its effective
implementation.
B.
1.
Recommendations
States
100. Bearing in mind that standards exist in international human rights law for the
protection of professional journalists outside of armed conflict situations, the Special
Rapporteur urges States, with whom the primary responsibility for the protection of
journalists lies, to implement those standards at the national level. This includes
ensuring that no legislation is passed to unduly limit the freedom of expression of
journalists, ensuring the physical and psychological integrity of journalists, and taking
steps to tackle impunity for perpetrators of human rights violations against
journalists.
101. To combat impunity and to prevent human rights violations against journalists,
States must take measures to facilitate awareness among the judiciary, journalists and
civil society of the relevant international standards and show willingness to work
towards the implementation of these standards.
102. Necessary resources must be dedicated to preventing and investigating attacks,
or bringing those responsible to justice. Special measures should be put in place to
deal with attacks and to support journalists who are displaced by attacks.
103. The Special Rapporteur also calls on all States to publicly condemn all forms
and incidents of attacks against journalists at the highest political level.
104. As part of their positive obligation to promote the right to freedom of
expression, States should give full political support to strengthening media freedom
and ensuring that independent, plural and diverse media can flourish. Any laws
regulating the work of the media should adhere to the highest international standards
on freedom of opinion and expression and allow uninhibited debate in the media, in
line with principles of diversity and plurality.
105. Defamation should be decriminalized in all States. Criminal defamation laws
are inherently harsh and have a disproportionate chilling effect on the right to
freedom of expression.
17
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