A/HRC/27/28
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression also prepares regular reports, thematic or country specific, that include analysis
and interpretation of relevant human rights standards. Beyond the United Nations system,
regional instruments and mechanisms also provide relevant guidance.
35.
Taken together, international instruments and documents highlight several issues
related to journalism which States Members of the United Nations have emphasized. A first
issue is the role of the media in democratic societies and, in particular, in promoting human
rights, peace, democracy and development. Freedom of expression, including freedom to
seek, receive and impart information through any media, as provided for in the International
Covenant on Civil and Political Rights (art. 19), is a necessary condition for the realization
of participation, transparency and accountability, which are, in turn, essential for the
promotion and protection of human rights; and a free, uncensored and unhindered press or
other media is essential in any society to ensure freedom of expression.6 The Convention on
the Rights of the Child highlights the role and responsibility of the mass media in
disseminating information and material of social and cultural benefit to children, with due
regard to the linguistic needs of children belonging to minority or indigenous communities
(art. 17). The UNESCO Declaration states that mass media have an essential part to play in
human rights education, particularly of young people, and can contribute effectively to
counter “aggressive war, racialism, apartheid and other violations of human rights which
are inter alia spawned by prejudice and ignorance” (art. III (2)). The International
Convention on the Elimination of All Forms of Racial Discrimination recognizes that
effective measures in the fields of education, teaching, culture and information can combat
prejudices that lead to racial discrimination (art. 7).
36.
States Members of the United Nations also recognize the role of diverse media in the
realization of cultural rights. The UNESCO Recommendation on participation by the
people at large in cultural life and their contribution to it highlights the role of the mass
media as “instruments of cultural enrichment” owing in part to their role in the preservation
and popularization of traditional forms of culture, and “by turning themselves into media
for group communication and promoting direct participation by the people”. The United
Nations Declaration on the Rights of Indigenous Peoples recognizes the right of indigenous
groups to establish their own media in their own languages; State-owned media should
reflect indigenous cultural diversity and States should encourage privately owned media to
adequately reflect it (art. 16).
37.
United Nations instruments also specify the responsibility of media professionals
and journalists to respect human rights in performing their functions. International human
rights law recognizes that the exercise of freedom of expression carries with it special
duties and responsibilities and may be subject to certain restrictions, for example on
security and defamation grounds, following strict tests of legality, necessity and
proportionality, as well as in relation to other standards, such as the right to privacy or the
prohibition of hate speech. The Human Rights Committee, among other mechanisms, has
provided extensive jurisprudence and authoritative guidance on those issues.
38.
A major issue of concern to the international community is the protection and safety
of journalists. Both the Special Rapporteur on extrajudicial, summary or arbitrary
executions and the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression have highlighted the many challenges faced by
journalists in carrying out their work, for instance when covering street protests and
demonstrations or reporting on politically sensitive issues, such as human rights violations.
The Special Rapporteur on the situation of human rights defenders has also provided
6
12
See general comment No. 34 of the Human Rights Committee, paras. 3 and 13.
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