A/HRC/20/17
those data which are proven to harm national security and other vital interests of the State.
Moreover, there should be clear classification criteria and register of classified information,
which is both established by law and accessible to everyone. Further, classified data should
be subject to regular review and declassified if confidentiality is no longer necessary.
91.
The Special Rapporteur also remains concerned at journalists being held accountable
for receiving, storing and disseminating classified data which was obtained in a way that is
not illegal, including leaks and information received from unidentified sources. In this
regard, he emphasizes that journalists should not be held responsible for, or be forced to
reveal, their sources of information. The Special Rapporteur further stresses that it is also
important for States to facilitate access to historical archives of official information to
enable victims of human rights violations to exercise their right to truth, as well as
journalists and academics for investigative purposes.
IV. Conclusions and recommendations
A.
Conclusions
92.
Despite provisions in international human rights law, including the Universal
Declaration on Human Rights and the International Covenant on Civil and Political
Rights, which guarantee the rights of journalists, journalists continue to be targeted
for disseminating “inconvenient” information. The problem lies not in the lack of
international standards, but in the inability or unwillingness of Governments to
ensure the protection of journalists.
93.
While armed conflict situations may place journalists at risk, the Special
Rapporteur notes that the majority of attacks against journalists take place outside of
armed conflict situations. Individuals who cover public demonstrations, report on
issues such as corruption, human rights violations, environmental issues, organized
crime, drug trafficking, public crises or emergencies are placed at particular risk of
violence. Nevertheless, the Special Rapporteur also reiterates the importance of the
following concerns.
94.
Central challenges in relation to human rights violations committed against
journalists include various forms of intimidation, physical attacks – including
abductions and killings –, arbitrary detention, as well as impunity and the use of
criminal laws to imprison and intimidate journalists. Female journalists face
additional risks, such as sexual assault, mob-related sexual violence at public events or
sexual abuse in detention or captivity. Due to social, cultural and professional stigmas,
many of these attacks are not reported.
95.
The presence of such risks deters journalists from continuing their work, or
encourages self-censorship on sensitive matters. Consequently, society as a whole may
not be able to access important information.
96.
The emergence of “online journalists” – both professionals and untrained socalled “citizen journalists” – play an increasingly important role in documenting and
disseminating news in real time as they unfold on the ground. Journalists who publish
their work online should be afforded the same protection under articles 19 of the
Universal Declaration on Human Rights and of the International Covenant on Civil
and Political Rights. Any restriction applied to online content must also be in
conformity with the three-part test set out in article 19, paragraph 3, of the Covenant.
97.
Laws that criminalize expression continue to be used by States to imprison
journalists who disseminate “inconvenient” information. Journalists may be arrested
16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents