Freedom of Expression
2003
TABLE OF CONTENTS
ANNUAL REPORT OF THE SPECIAL RAPPORTEUR
FOR FREEDOM OF EXPRESSION 2003
INTRODUCTION
CHAPTER I - GENERAL REPORTS
A. Mandate and Competence of the Office of the Special Rapporteur for Freedom of Expression
B. The Office of the Special Rapporteur’s Principal Activities
1. Promotion and Dissemination Activities
2. Official visits to countries
3. Presentation to the organs of the Organization of American States
CHAPTER II EVALUATION OF THE STATUS OF FREEDOM OF EXPRESSION IN THE HEMISPHERE
A. Introduction and Methodology
B. Evaluation
C. Status of freedom of expression in the Member States
D. Assassinations of Media Personnel in 2003
CHAPTER III JURISPRUDENCE
A. Summary of the jurisprudence of the European Court of Human Rights on freedom of expression
1. Introduction
2. Cases under the European Convention for the Protection of Human Rights and Fundamental Freedoms
a) Public Order
b) Prior Censorship
c) Defamation
B. Domestic Jurisprudence of the Member States
1. Introduction
2. Democratic criteria for the concession of radio and television broadcast frequencies
a. The right to access public information
b. Criminal defamation and public officials
c. The ban on prior censorship
CHAPTER IV REPORT ON ACCESS TO INFORMATION IN THE HEMISPHERE
A. Introduction
B. Adequately Guaranteeing Access to Information
1. Theoretical framework
2. Implementation of Access to Information regimes
3. Exceptions to the Presumption of Publicity
C. Access to Information in the Member Countries
1. Introduction
2. Laws and Practices on the Right to Access of Information: Information classified by country in alphabetical order
CHAPTER V INDIRECT VIOLATIONS OF FREEDOM OF EXPRESSION: DISCRIMINATORY ALLOCATION OF OFFICIAL PUBLICITY
A. Introduction
B. Official Publicity
C. Discriminatory Allocation of Official Publicity
D. Inter-American Standards
E. The European Experience
F. Legal Framework in Member Countries
G. Situations in Member Countries
H. Conclusions
CHAPTER VI CASES OF FRREDOM OF EXPRESSION IN THE INTER AMERICAN SYSTEM
A. Cases before the Inter-American Commission on Human Rights
1. Cases declared admissible by the IACHR during 2003
2. Cases declared inadmissible by the IACHR during 2003
3. Precautionary Measures granted by the IACHR during 2003
B. Cases before the Inter-American Court on Human Rights
1. Cases sent to the Court during 2003
2. Provisional Measures adoapted during 2003
CHAPTER VII FINAL CONSIDERATIONS AND RECOMMENDATIONS
ANNEXES
1. Complete text of Article 13 of the American Convention on Human Rights
2. Declaration of Principles on Freedom of Expression
3. Declaration of Chapultepec
4. Resolution adopted by the General Assembly XXXIII: Access to Public Information: Strengthening Democracy
5. Joint Declaration by the International Mechanisms for Promoting Freedom of Expression
6. Presentation of the Special Rapporteur for Freedom of Expression at the Permanent Council
7. Press Releases