Freedom of Expression
2005
TABLE OF CONTENTS
ANNUAL REPORT OF THE OFFICE OF THE SPECIAL RAPPORTEUR
FOR FREEDOM OF EXPRESSION 2005
See Complete Report in HTML
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. Publications
CHAPTER II THE SITUATION OF THE FREEDOM OF EXPRESSION IN THE HEMISPHERE
A. Introduction and methodology
B. Situation of the freedom of expression in the Member States
CHAPTER III JURISPRUDENCE
A. Summary of the jurisprudence on freedom of expression of the African Commission on Human and Peoples’ Rights
1. Introduction
2. Cases under the African Charter for Human and Peoples’ Rights
a. Political activism/opinion
b. Prior censorship
c. Threats to and detention of journalists
d. Defamation
B. Domestic jurisprudence of the Member States
1. Introduction
2. Domestic cases
a. Freedom of Expression as a guarantee of democracy
b. The right to criticize public officials
c. The right to access to information and the Internet
d. Criminal defamation of public officials
CHAPTER IV REPORT ON ACCESS TO INFORMATION IN THE HEMISPHERE
A. Introduction
B. Access to information in the Member States: An update of the 2004 Annual Report
1. Bolivia
2. Chile
3. Honduras
4. Other developments
a. Argentina
b. Guatemala
c. Nicaragua
d. Paraguay
e. Peru
CHAPTER V PUBLIC DEMONSTRATIONS AS AN EXERCISE OF FREEDOM OF EXPRESSION AND FREEDOM OF ASSEMBLY
A. Introduction: Purpose and content of the report
B. Public demonstrations as an exercise of the right to freedom of expression and freedom of assembly
C. Public demonstrations in the framework of the United Nations
1. Instruments of protection
2. Jurisprudence
D. Public demonstrations in the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms
1. Instrument of Protection
2. Jurisprudence
E. Public demonstrations in the framework of the African Charter for Human and Peoples’ Rights
1. Instrument of Protection
2. Jurisprudence
F. Public demonstrations in the framework of the inter-American human rights system
1. Instruments of protection
2. Standards for the interpretation of public demonstrations in light of Articles 13 and 15 of the American Convention
CHAPTER VI FREEDOM OF EXPRESSION AND THE ELECTORAL PROCESS: THE CASE OF OPINION POLLS AND EXIT POLLS
A. Introduction
B. Political rights, freedom of expression and democracy
1. The protection of electoral rights in international instruments
2. The importance of freedom of expression in the electoral process
C. Electoral polls and exit polls
1. Concept and history
2. Possibilities, risks and limitations of polls
D. Polls and freedom of expression in the European and inter-American frameworks
1. The European experience
a. Normative framework and jurisprudence
b. The Council of Europe and election coverage
2. The inter-American experience
a. Domestic jurisprudence of the countries
b. Standards for the interpretation of the limitations on electoral polls in light of Article 13 of the American Convention
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 XXXV: Access to Public Information: Strengthening Democracy
5. Resolution adopted by the General Assembly XXXV: Right to Freedom of Thought and Expression and the Importance of the Media
6. Joint Declaration by the Special Rapporteur for Freedom of Expression of the IACHR and the Special Rapporteur of the African Commission on Human and Peoples’ Rights
7. Joint Declaration by the International Mechanisms for Promoting Freedom of Expression on World Press Freedom Day
8. Joint Declaration by the International Mechanisms for Promoting Freedom of Expression
9. Press Releases