A/HRC/7/14 Page 17 44. The imposition of a state of emergency has led on many occasions to actions that are incompatible with the right to freedom of expression and, in particular, to a free media. The Special Rapporteur is concerned that, immediately after the imposition of a state of emergency, many Governments take aggressive action against freedom of expression in many different forms: by suspending TV news channels, blocking websites and telephone services, attacking detaining and arresting journalists covering protests and appointing government officials to monitor, and in effect censor, the content of newspapers. The Special Rapporteur has observed with concern how, in many of these cases, States have introduced laws giving government officials the authority to take unilateral action against media organizations. 45. Regulations under states of emergency often allow for arbitrary detentions and arrests, the banning of demonstrations which could lead to “public disorder” and the suspension of local assemblies or governments if they block or impede the legal actions of the public authorities. The right to freedom of opinion and expression is usually violated under situations of states of emergency. Journalists and other media practitioners face persecutions and attacks and it is difficult to obtain independent and reliable information, which is essential for society in these situations. 46. The Special Rapporteur emphasizes that emergency powers may be legitimate only in cases of extreme national crises which threaten the life of the nation. Those powers are defined and limited by articles 4 and 19, paragraph 3, of the International Covenant of Civil and Political Rights and, therefore, restrictions placed on rights are to be limited in both scope and duration “to the extent strictly required by the exigencies of the situation” (art. 4). In this context, a state of emergency is by definition a temporary legal response to an exceptional and grave threat to the nation, and must be treated as such. The principle of proportionality must be respected with respect to the duration and geographical and material scope of the state of emergency. Countering terrorism 47. Throughout his mandate, the Special Rapporteur has paid close attention and strongly condemned the critical threat posed by terrorism in the contemporary world, whilst also noting the negative implications that some policies designed to fight terrorism have had on the full enjoyment of human rights. Counter-terrorism and national security legislation approved in recent years have on many instances exceeded the bounds of what is permissible

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