A/HRC/7/14
Page 26
endangered journalists. Media professionals should not, under any circumstances, be
obliged to bear the economic burden of their physical protection, in addition to the
mental stress of being at risk.
77.
The Special Rapporteur reiterates his call to the Human Rights Council to pay
increased attention to the issue of the safety and protection of journalists, in particular
in situations of armed conflicts. The Council may wish to consider the opportunity, as
previously suggested, of entrusting the Special Rapporteur with the preparation of a
study on the causes of violence against media professionals, based, inter alia, on
information from and the experiences of Governments, intergovernmental and nongovernmental organizations, and including a comprehensive set of conclusions and
recommendations and the drafting of guidelines for the protection of journalists and
other media professionals. This study could represent the first step towards a debate,
within the Human Rights Council, on this crucial issue, following the discussions held
by other bodies, including the Security Council.
On defamation offences
78.
The Special Rapporteur strongly recommends that Governments decriminalize
defamation and similar offences, confining them to the domain of civil law. The amount
of fines to be paid as compensation should be reasonable and allow the continuation of
professional activities. The Special Rapporteur also urges Governments to release
immediately and unconditionally all journalists detained because of their media-related
activities. Prison sentences should be excluded for offences concerning the reputation of
others, such as defamation and libel.
79.
Governments should also refrain from introducing new norms which will pursue
the same goals as defamation laws under a different legal terminology such as
disinformation and dissemination of false information. Under no circumstances should
criticism of the nation, its symbols, the Government, its members and their action be
seen as an offence. Elected officials and authorities should accept the fact that because
of their prominent and public role, they will attract a disproportionate amount of
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