A/HRC/7/14
Page 16
41.
International human rights instruments recognize the right to a reputation (e.g. art. 12
of the Universal Declaration of Human Rights, which states that “No one shall be subject …
to attacks upon his honour and reputation”). However, three clear-cut conditions must be
respected for any limitation on the right to freedom of expression: (a) restrictions must be
established in law; (b) they should pursue an aim recognized as lawful, and (c) they must be
proportional to the accomplishment of that aim. A number of problems are often present in
the actual implementation of these three conditions.
42.
The Special Rapporteur is concerned about the large number of cases of journalists
who are imprisoned after being convicted on criminal defamation charges. Apart from
outright imprisonment and preventive detention, other common measures that have been
taken against media professionals include the imposition of heavy fines, often completely
inconsistent with a journalist’s income, the suspension of the journalist’s professional licence
and even the suspension or closing of media outlets. The Special Rapporteur considers these
measures as inconsistent with the principle of proportionality and therefore an undue
restriction of press freedom. Furthermore, these measures are even more harmful for
independent, local or freelance journalists, who are generally unable to afford the expenses of
long judicial proceedings, legal counsel and fines.
43.
In this regard, the Special Rapporteur, along with the OSCE Representative on
Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression, in a joint
declaration issued in December 2002, stated that “criminal defamation is not a justifiable
restriction on freedom of expression; all criminal defamation laws should be abolished and
replaced, where necessary, with appropriate civil defamation laws”. The Special Rapporteur
notes with satisfaction that many countries have recently decided to abolish their criminal
defamation laws. He reiterates that, while awaiting the entry of force of this legislation,
emergency measures such as amnesty or pardon should be taken to ensure that no media
profession or any other citizen is incarcerated on charges of defamation. Furthermore, any
fines arising from civil defamation procedures should also respect the principle of
proportionality and should never surpass reasonable amounts.
States of exception and emergency
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents