Nigeria
Media Rights Agenda v. Attorney General of the Federation
Decision Date: February 21, 2024
A High Court in Nigeria held that the killing of journalists and media practitioners was a violation of their rights to freedom of expression and to life and represented the state’s failure to adhere to its statutory and treaty obligations to protect journalists. A media rights non-governmental organization (NGO) had approached the Court with a list of journalists killed extrajudicially, seeking declarations of the rights and obligation violations. The Court noted that the government had failed to demonstrate that it had taken sufficient action in respect of the specific killings mentioned by the NGO, and found that the killings constituted a violation of the journalists’ rights. The Court ordered the Nigerian government to take measures to prevent attacks on journalists and to ensure effective investigation and prosecution of the perpetrators.

ECOWAS Court
Incorporated Trustees of Media Rights Agenda v. Nigeria
Decision Date: May 30, 2023
The Court of Justice of the Economic Community of West African States (ECOWAS Court) dismissed a case brought by the Incorporated Trustees of Media Rights Agenda (ITMRA), against the Federal Republic of Nigeria, considering that the plaintiff lacked legal standing to bring the action. ITMRA is a non-governmental organization based in Nigeria, dedicated to promoting and defending the rights to freedom of expression, media freedom, and access to information—both online and offline. It holds observer status with the African Commission on Human and Peoples’ Rights. The application arose after a series of extrajudicial killings of journalists, which the plaintiff claimed were linked to their work and their exercise of the right to freedom of expression. The incidents spanned over two decades, involving seven journalists who were murdered between 1986 and 2010. Despite the serious nature of these crimes, according to ITMRA, the Nigerian government allegedly failed to conduct effective investigations or hold the perpetrators accountable. The ECOWAS Court ruled that the case was inadmissible, as ITMRA lacked locus standi (legal standing) to bring the action. The Court stated that while the right to freedom of expression is a collective public right, which can be protected under the principle of actio popularis—where a third party is allowed to defend the rights of others—, the specific circumstances of this case did not satisfy the necessary criteria. As noted by the Court, the victims in the case were identified as specific individuals rather than an indeterminate group, which precluded the action from being pursued through an actio popularis. Moreover, the Court emphasized that ITMRA lacked the legal capacity to represent the victims, as it had not obtained explicit authorization from their families to do so.

Serbia
The Case of Radomir Marković and Others (Slavko Ćuruvija)
Decision Date: April 19, 2024
The Appeals Court in Belgrade, Serbia, overturned a lower court decision after a retrial acquitting four ex-members of the Serbian State Security services of the murder of journalist Slavko Ćuruvija. Fifteen years after the murder and after political change in the country, the Prosecution brought charges against the four accused and a trial was held, hearing testimony from over 100 witnesses. The High Court held that Ćuruvija had been labeled as an “enemy of the State,” that data collected from mobile phone towers placed three of the accused in close proximity to Ćuruvija at the time of the killing, and that the killers, in cooperation with an unidentified person, were acting on orders from the highest echelons of the Serbian government. On appeal, the Appeals Court found that no evidence of an unidentified person to have murdered Ćuruvija was presented during the trial and therefore the conviction was flawed. The case was sent back to the High Court for reconsideration. In the retrial, the High Court rendered almost the identical judgment as its first ruling, which was again appealed both by the Prosecution and the Defendants. The Appeals Court again found that the lower judgment was in violation of procedural rules, that no elaboration on an unidentified person was presented and that there was no evidence of the accused’s involvement. The Appeals Court therefore acquitted the accused on all charges.

UN Human Rights Committee
Cacho v. Mexico
Decision Date: July 17, 2018
The United Nations Human Rights Committee (UNHCR) held that the State of Mexico violated Lydia Cacho’s right to freedom of expression, under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), by arresting, torturing, and harassing her in retaliation for publishing an investigative book exposing a child exploitation ring involving prominent Mexican businessmen and officials. Cacho, a journalist, and human rights defender, was arrested and detained in 2005 after publishing a book exposing a child exploitation network involving high-profile businessmen and public officials. Following a defamation and calumny complaint filed by one of the businessmen (José Kamel Nacif), Mexican authorities initiated criminal proceedings against Cacho under the legislation in force in the state of Puebla. During her arrest and transfer, Cacho was subjected to physical and psychological abuse, including sexual violence and threats. She claimed before the UNHRC that her detention was arbitrary, unlawful, and aimed at silencing her investigative journalism. Mexico argued that the arrest and proceedings were lawful, necessary, and proportionate. The State also said that the defamation and calumny laws used to prosecute Cacho had since been repealed and mechanisms to protect journalists had been implemented. The Committee found that Mexico failed to demonstrate that Cacho’s detention was necessary and proportionate to achieve a legitimate aim. It determined that the actions taken against the journalist constituted an attempt to suppress her freedom of expression. The UNHRC also said that States should decriminalize defamation. According to it, criminal law should be used only in the most serious cases and defamation should never be punishable by imprisonment. Consequently, the Committee concluded that Mexico violated Cacho’s right to freedom of expression and ordered the State to provide full reparations: investigate the abuses committed, prosecute those responsible, and take steps to prevent similar violations—such as decriminalizing defamation in all Mexican states.

● Mexico: SRFOE at IACHR Condemns Acts of Violence Against Journalists and Media Outlets. This November, the Office of the Special Rapporteur for Freedom of Expression (SRFOE) at the Inter-American Commission on Human Rights (IACHR) issued a statement deploring the many instances of violence against journalists and media outlets in Mexico. In 2024, the Office has documented at least seven murders of journalists, the latest victims being Mauricio Cruz Solís – shot on October 29 in Uruapan, Michoacán, reportedly, after interviewing the municipal president – and Patricia Ramírez González – gunned down on October 30 in Colima, Michoacán. The SRFOE stressed that the killing of journalists is “the most extreme form of censorship and cannot be tolerated in democratic societies,” referenced Principle 9 of the IACHR’s Declaration of Principles on Freedom of Expression, and called on the Mexican authorities to urgently address the climate of violence against journalists.

● Middle East: 137 Journalists and Media Workers Killed in Israel and the Occupied Palestinian Territory, Lebanon. As of December 4, the Committee to Protect Journalists (CPJ) recorded at least 137 killings of journalists and media workers in Gaza, the West Bank, Israel, and Lebanon since the outbreak of the hostilities – the deadliest time span for journalists since 1992, when CPJ started documenting attacks on the press. In October 2024 alone, nine journalists lost their lives while reporting from Gaza and Lebanon; among them are AlHassan Hamad, who collaborated with Al Jazeera, Nadia Emad Al Sayed, a freelance broadcast host, and photojournalist Tareq AlSalhi. CPJ emphasizes that reporters in Gaza are working under especially perilous conditions due to the Israeli airstrikes, famine, the displacement of almost the entire population, and colossal destruction.

● Ukraine: At Least 13 Media Workers Killed, at Least as Many Held in Russian Prisons. Marking 1000 days of war in Ukraine this November, the Media Freedom Rapid Response (MFRR) coalition calls attention to the grave dangers of reporting on Russia’s full-scale invasion. At least 13 journalists have been killed. Arman Soldin and Oksana Baulina, among others, lost their lives under Russian shelling. Maks Levin and Mantas Kvedaravičius were likely executed extrajudicially. Victoria Roshchyna died while in Russian custody; the circumstances of her death are still unclear. At least 13 other Ukrainian reporters remain detained by Russia, which raises fears that their lives could be in danger. Dozens of media workers have been severely injured while covering the conflict.

● Policy Brief: Protecting Freedom of Expression in Armed Conflict. Earlier this week, ARTICLE 19 launched a new policy brief, “Clearing the Fog of War: Protecting Freedom of Expression in Armed Conflict,” which spells out the existing guarantees of freedom of expression in wartime. The brief underscores that international humanitarian law implicitly ensures the right of journalists to freedom of expression: “journalists engaged in dangerous professional missions in armed conflict enjoy the protections of civilian status [...] and must not be targeted when reporting in dangerous missions in conflict areas.” ARTICLE 19 reiterates: media workers cannot be considered “legitimate targets” based on their reporting work; all crimes against them must be investigated.

Abductions, Assaults, and Censorship: The State of Press Freedom for Women Journalists in Africa. The Coalition For Women In Journalism just released a report on press freedom violations against women journalists in Africa – a total of 258 recorded between 2019 and 2024. While underreporting explains why the number of violations appears to be lower than in other regions, a clear trend emerges: the most extreme acts of violence – such as physical attacks, abductions, and murders – are disproportionately high. Since August 2023, when civil war erupted, Sudan has been deadly for reporters: journalists Halima Idris Salim and Samaher Abdelshafee were killed; journalist Inaam Ahmady was threatened at gunpoint while her home was looted and set on fire. Egypt accounts for 17% of the documented violations: the country’s women journalists have faced arrests, legal harassment, media shutdowns, physical and sexual assault, threats, and intimidation. Nigeria accounts for 12% of the cases, pointing to a disturbing trend: armed groups or unknown assailants often abduct women journalists, with notable cases being Priestba Nwockocha of Radio Rivers (2023), Amra Ahmed Diska of Adamawa Broadcasting Corporation (2021), and Chinenye Iwuoha of Federal Radio Corporation (2020). 

● Job Openings at Media Defence. Media Defence, an NGO working to protect the rights of journalists and media through strategic litigation, is hiring. The following hybrid/London-based positions are open: Grants Officer and Legal Officer (apply by December 15), as well as Monitoring, Evaluation, and Learning Officer (application closes on December 30). Media Defence is also looking for consultants to develop training resources on freedom of expression in South and Southeast Asia – apply by December 13.

In case you missed it…

● Disinformation, Information Integrity, and International Cooperation. On November 19, 2024, as part of the Global Digital Governance series, the Columbia Institute for Tele-Information (CITI) hosted a webinar on online disinformation, which discussed the concept of information integrity and considered the role of international agreements. Guy Berger,  Rhodes University and Research ICT Africa; Maria Paz Canales, Global Partners Digital; and Jeanette Hofmann, Freie Universität Berlin, joined the panel moderated by William J. Drake, CITI. Watch the recording here.