Freedom of Expression

Press Release R25/13

PRESS RELEASE

R25/13

 

OFFICE OF THE SPECIAL RAPPORTEUR PRESENTS ITS 2012 ANNUAL REPORT

 

Washington, D.C., April 17, 2013. – On April 16, 2013, the Inter-American Commission on Human Rights presented its 2012 Annual Report to the Organization of American States’ (OAS) Committee on Juridical and Political Affairs. The Report includes the 2012 Annual Report of the Office of the Special Rapporteur for Freedom of Expression.

 

In its report, the Office of the Special Rapporteur underscores the most important advances made in the region during 2012 with respect to freedom of expression, and addresses existing challenges. With regard to the advances, the Office of the Special Rapporteur views with satisfaction the enactment of laws on access to information, as well as the furtherance of investigations and court cases that have established responsibility for crimes committed against journalists in previous years. The Report of the Office of the Special Rapporteur also notes the progress made in judicial and legislative areas, as well as the repeal of criminal defamation (desacato) laws or criminal provisions that made it possible to prosecute journalists for the publication of information in the public interest that might offend the authorities.

 

In addition, in Chapter II of the Report, the Office of the Special Rapporteur articulates the most important challenges to freedom of expression and makes the appropriate recommendations according to the doctrine and jurisprudence of the inter-American system for the protection of human rights.

 

In particular, the Office of the Special Rapporteur calls attention to the significant increase in violence against journalists in connection with the practice of their profession. During 2012, at least 26 individuals were murdered in the region for reasons that may be related to the exercise of their right to freedom of expression. In addition to these deplorable acts, there have been hundreds of reports of acts of violence, assaults, threats, and intimidation against journalists and media workers in retaliation for the exercise of their right to freedom of expression. In most of the cases, the acts of violence against journalists occurred after they reported events related to organized crime or political or police corruption. These acts of violence have resulted in a significant increase in the self-censorship of journalists and the media as a mechanism for protecting their lives and safety. Nevertheless, with a few reported exceptions, they have not been provided with measures designed to bolster prevention efforts or prevent impunity.

 

In this respect, the Office of the Special Rapporteur recommends that the States adopt appropriate mechanisms to prevent violence against members of the media, including the public condemnation of all acts of violence; adopt effective protection measures to ensure the safety of persons exposed to special risks because of the exercise of their right to freedom of expression; conduct serious, impartial, and effective investigations into acts of violence committed against journalists and media workers; prosecute and convict all perpetrators of such acts, and provide appropriate reparations to victims and their relatives.

 

The Office of the Special Rapporteur was also able to verify that in some States there has been a notable increase in the number of journalists criminally prosecuted after having disseminated news reports or opinions on issues of significant public interest. In this respect, the Office of the Special Rapporteur points out the need to repeal the offense of desacato and encourage the amendment of criminal defamation laws to do away with the use of criminal proceedings to protect honor and reputation when information in the public interest and regarding public servants or candidates running for public office is disseminated. The protection of privacy or the honor and reputation of public servants or individuals who have voluntarily involved themselves in matters of public interest must be guaranteed only under civil law. The Office of the Special Rapporteur also calls upon the States to modify their civil laws to prevent the disproportionate imposition of pecuniary sanctions for the coverage of events of public interest.

 

In addition to the increase in cases against journalists, in some States of the region, there is a troubling climate of polarization that has led to the stigmatization of critical journalists, as well as commercial and community media outlets, by high-ranking government officials. The Office of the Special Rapporteur is particularly concerned about the fact that, in some of these cases, statements by government officials have been followed by violent acts or the initiation of disciplinary proceedings that have reportedly threatened to revoke the concessions, permits, and operating licenses of critical media. As noted by the Office of the Special Rapporteur, in those places where there is significant political or social polarization, these types of stigmatizing speeches can lead to greater risks for journalists. In its Report, the Office of the Special Rapporteur urges state authorities to refrain from making public statements or using state media to wage public campaigns that can incite violence against individuals because of their opinions. In particular, they should avoid making statements that can stigmatize journalists, media outlets, and human rights defenders.

 

The Report of the Office of the Special Rapporteur also raises other markedly important issues related to freedom of expression, including the need to regulate mechanisms that can be used as indirect censorship measures, such as the allocation of government advertising; the importance of enacting laws on access to information and adopting appropriate measures for the implementation of existing laws; and the merits of preventing the public or private concentration of media control and ownership, among other issues.

 

In Chapters III and IV of the Annual Report, the Office of the Special Rapporteur presents a summary of the judgments handed down by the highest national courts of the region regarding freedom of expression and access to information. This study is a continuation of the Office’s practice of documenting and disseminating in its annual reports those national court decisions that represent progress at the domestic level or enrich the regional doctrine and jurisprudence, while at the same time incorporating inter-American standards on freedom of expression into their legal analyses.

 

Finally, in Chapter V of the Report, the Office of the Special Rapporteur makes several recommendations for dealing with the abovementioned challenges.

 

The Office of the Special Rapporteur is grateful to the States, civil society organizations, and journalists for their assistance in the preparation of the Report, and in general, in carrying out its mandate.

 

The Office of the Special Rapporteur’s 2012 Annual Report is available at this link: http://www.oas.org/en/iachr/expression/docs/reports/annual/Annual%20Report%202012.pdf

 

The Office of the Special Rapporteur for Freedom of Expression was created by the Inter-American Commission on Human Rights (IACHR) to encourage the defense of the right to freedom of thought and expression in the hemisphere, given the fundamental role this right plays in consolidating and developing the democratic system.