Freedom of Expression
Press Release R43-10
PRESS RELEASE
Nº R 43/10
OFFICE OF THE SPECIAL RAPPORTEUR PRESENTS ITS 2009 ANNUAL REPORT
In its evaluation of the status of freedom of thought and expression in the Americas in 2009 (chapter II of the report), the Office of the Special Rapporteur recognizes and expresses appreciation for the important progress made in the hemisphere on matters related to freedom of expression, particularly with regard to the incorporation of inter-American standards into the domestic law of various countries, as well as the promotion of the right to access to information. However, the Office of the Special Rapporteur also warns of the existence of serious challenges that must be vigorously and decisively confronted.
The Office of the Special Rapporteur’s report calls attention to the increase in violence against journalists in 2009. That increase included the murder of at least 11 media workers and an ever-increasing number of kidnappings, threats, and assaults against media outlets and reporters due to their coverage of certain news items or their editorial stance. The report warns of the risk that organized crime represents and its capacity for corruption. The report also addresses the extraordinary risks run by journalists and human rights defenders who are harassed, spied on, or threatened by public officials in order to keep them from informing or reporting. In regard to these risks, the Office of the Special Rapporteur puts forward the need for implementing effective mechanisms for protecting at-risk journalists and for the struggle against the impunity of these crimes.
The Office of the Special Rapporteur also highlights the existence of laws in some states that are contrary to international standards on freedom of expression and allow for the imposition of disproportionate punishments that have a silencing effect hardly compatible with vigorous democracy and an active citizenry. In this sense, the Office of the Special Rapporteur calls once more on the states in question to repeal the crimes of desacato and insulting a public official, as well as their criminal laws against slander and libel for cases in which the opinions or information distributed have to do with the public interest or public officials. The Office of the Special Rapporteur also calls on those states to foster an environment that encourages, rather than inhibits, vigorous and open debate on all topics.
The Office of the Special Rapporteur highlights the urgent need for government officials to avoid publicly accusing journalists of committing crimes by covering the news or expressing their opinions. It likewise urges the most senior officials to abstain from giving stigmatizing statements that increase the risks faced by critical or independent journalists.
The Office of the Special Rapporteur also highlights the lack of clear regulations to prevent the existence of mechanisms of indirect censorship, such as the arbitrary use of government advertising. The Office of the Special Rapporteur warns of the need for states to make efforts to adjust their institutions to prevent state resources or authorities from being used to reward or punish media outlets according to their editorial stances. Finally, the Office of the Special Rapporteur invites states to avoid public or private monopolies on information and to promote greater pluralism and diversity in the public debate.
In addition to its evaluation of the freedom of expression situation in OAS member states, the Office of the Special Rapporteur’s report presents a systematic and complete overview of inter-American standards on freedom of expression and access to information. A separate chapter explains the right to freedom of expression’s implications for broadcasting frequencies. The report also includes a section describing best practices for incorporating inter-American standards on freedom of expression into domestic law. Finally, the report contains a chapter with general conclusions on the state of freedom of expression in the hemisphere and makes a series of recommendations to states for improving the conditions necessary to guarantee the full exercise of freedom of expression in the
The Office of the Special Rapporteur’s 2009 annual report is available in PDF here.