A/HRC/7/14
Page 15
37.
Apart from armed conflicts, the Special Rapporteur underscores the need to focus on
the protection of journalists during electoral processes and public crises, particularly during
states of emergency. Throughout 2007, the Special Rapporteur has received several reports of
journalists who were directly targeted in physical attacks, both by government and opposition
forces, in political demonstrations taking place during electoral processes. In various cases,
harassment by the security forces, including arrests and detention, has been a common
practice adopted against journalists who are reporting on human rights violations during these
events.
38.
The Special Rapporteur has recommended the establishment of a relief fund to benefit
the relatives of media professionals killed in the line of duty because of their professional
activities. Not only would such a fund provide needed reparation to families, but it would
also serve to place the safety of journalists as a central human rights issue within the United
Nations system.
C. Legal restrictions on freedom of opinion and expression
Defamation
39.
Defamation offenses have been one of the main sources of imprisonment of
journalists around the world. Defamation laws were originally designed with a legitimate
goal, which was to protect people against false statements of fact that could damage their
reputation. In particular, they reflect the legitimate view that the exercise of freedom of
expression, in particularly by media professionals, should be subject to responsibility, good
judgement and professionalism. However, the subjective character of many defamation laws,
their overly broad scope and their application within criminal law have turned them into a
powerful mechanisms to stifle investigative journalism and silent criticism.
40.
The Special Rapporteur is also concerned about the trend of increasing the scope of
defamation laws to include the protection of subjective values, such as a sense of national
identity, religions, State symbols, institutions or even representatives such as the Head of
State. The Special Rapporteur reiterates that the provisions on protection of reputation
contained in international human rights law are designed to protect individuals, not abstract
values or institutions.
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