A/HRC/17/44
are provided for by law and are necessary for respect for the rights or reputations of others,
for the protection of national security, public order, public health or morals (art. 19 of the
Covenant on Civil and Political Rights). The Human Rights Committee has referred to the
role of journalists in disseminating information and the way in which attacks on journalists,
whether in the form of arbitrary arrests, torture, killings or other means are incompatible
with article 19.90 Under international humanitarian law, journalists are civilians and thus
entitled to the range of protections for civilian personnel, 91 as underlined in Security
Council resolution 1378 (2001). While the Rome Statute does not refer specifically to
attacks against journalists, particular actions can be considered within the existing
framework of war crimes and crimes against humanity.
3.
Factual findings
132. Reports received by the Commission indicate that Libyan authorities frequently
resorted to action aimed at restricting the dissemination of information including cutting off
landlines, Internet access and media outlets. A significant number of interviewees informed
the Commission of an extensive media blackout implemented by authorities, particularly in
the eastern part of the country. Social networking and mobile phones used by groups to
rally support for demonstrations were also reportedly blocked. Internet connections were
slowed down in major cities and various websites were blocked, in particular those that
relayed views that were not sympathetic towards the Government. According to several
media sources, around 18 February, Twitter, Facebook and Al-Jazeera websites were
blocked.92 According to the United Nations Educational, Scientific and Cultural
Organization (UNESCO), the authorities also jammed the signal of foreign media.93
133. Persons who were using mobile phones to take photograph or to film the
demonstrations were allegedly arrested and had their phones seized by security forces. One
man interviewed by the Commission reported that persons were prevented from filming
injured persons in Tajurah on 25 February by security forces. The Commission also
received information suggesting that the Government forces continued to confiscate
electronic equipment, including mobile phones, cameras, computer and memory sticks,
from persons leaving Libya in order to prevent the transmission of information outside the
country.94
134. Media activists based in Tripoli reported restrictions on means of communication
and reported remaining under persistent Government surveillance. Some foreign journalists
faced expulsion. Several received warnings from the authorities to leave the country. 95
90
91
92
93
94
95
For a recent discussion of this topic, see Human Rights Committee, general comment No. 34 (2011)
on article 19: freedoms of opinion and expression, paras. 12 and 22.
See rule 34, ICRC Study on Customary International Humanitarian Law, p 115.
See, for instance, Committee to Protect Journalists, “Journalists under attack in Libya: The tally” and
BBC News, “As it happened: Clashes rock Libya and Bahrain”, available from
http://news.bbc.co.uk/2/mobile/middle_east/9402327.stm.
UNESCO, “Director-General condemns violence and intimidation of journalists in Libya” 16 March
2011. Available from www.unesco.org/new/en/media-services/. Also, Reuters, “Libya cuts off
internet services-network monitor”, 19 February 2011. Available from
www.reuters.com/article/2011/02/20/libya-protests-internet-idUSN1917005520110220.
The Commission interviewed several foreign nationals and Libyans fleeing the fighting towards
Tunisia who reported that their SIM cards were broken and phones taken away by Government forces
at checkpoints to conceal evidence they may possess.
On 30 March 2011, Libyan authorities expelled, without justification, Michael Georgy, a Reuter‟s
correspondent who had been covering the conflict since 28 February. See Reuters, “Libyan
Government expels Reuters Correspondent”, 30 March 2011, available from
www.reuters.com/article/2011/03/30/us-libya-reuters-idUSTRE72T3XH20110330, and Committee to
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