Advancing understanding of the norms and institutions
that best protect the free flow of information and expression.
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Dear Friends,
Venezuela has been in the news. A sweeping crackdown – on protesters, journalists, rights activists, and political opponents of President Nicolás Maduro, freshly inaugurated as a result of the election mired in fraud – continues, and there are ubiquitous freedom of expression violations, including violence against journalists.
Last week, in downtown Caracas, individuals in black, with their faces covered, forced Carlos Correa, a journalist and human rights activist, into an unmarked vehicle and drove him away. Correa’s whereabouts remain unknown. Three dozen civil society organizations, IFEX, Derechos Digitales, and Fundación para la Libertad de Prensa (FLIP) among them, call for his immediate release.
In another collective appeal, led by the Center for Justice and International Law (CEJIL), rights groups underscore that Venezuela authorities have repeatedly resorted to the practice of forced disappearance, as at least 31 people remain missing. The letter also cites reports of at least three individuals dead in state custody, more than 1,700 protesters deprived of liberty, and instances of torture in detention.
The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights has documented the crackdown’s damaging impact on journalism in Venezuela. In its recent statement, the Office of the Special Rapporteur recounts cases of harassment, threats, raids, media closures, digital blockades, confiscation of equipment, cancellation of passports, arbitrary dismissals, extortion, and intimidation – all these, amplified by smear campaigns, have aggravated the climate of violence against the press. The Office of the Special Rapporteur urges Venezuela to restore the rule of law.
Latin America is one of the most dangerous regions for journalists. According to Reporters Without Borders (RSF), at least 338 journalists have been killed in the region since 2000. This systemic nature of violence demands national policies to protect the press. RSF’s new report focuses on such emerging protection initiatives in Guatemala, Ecuador, Peru, Chile, and Paraguay, why they are flawed, and what must be done to make them effective.
Two of the cases we are featuring are rulings on violence against journalists, and in both, the courts expanded expression. In Uganda, the High Court held that the People’s Defence Forces violated journalists’ rights to freedom from torture, cruel, inhuman, or degrading treatment, and press freedom. In Kenya, the High Court held that the fatal shooting of a Pakistani journalist by Kenyan police violated constitutional and international rights, including the right to life, dignity, and freedom from torture.
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Carlos Correa, a journalist and human rights activist, was abducted on January 7, 2025, in Caracas, Venezuela, by alleged state officials. His whereabouts remain unknown.
Dozens of rights groups demand his immediate release.
Photo credit: ifex.org
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Uganda
The Uganda Journalists Association v. Attorney General
Decision Date: November 13, 2024
The High Court of Uganda held that the actions of Uganda Peoples Defence Forces officers violated the constitutional rights of journalists Timothy Murungi and Henry Sekanjako, including their rights to freedom from torture, cruel, inhuman, or degrading treatment, as well as their right to freedom of the press. The Applicants, while covering a news event involving former presidential candidate Kyagulanyi Sentamu at the UN Human Rights Office on February 17, 2021, were assaulted by military police officers, causing severe physical and psychological harm. The Court found that the assault and intimidation by security personnel obstructed the Applicants' ability to perform their professional duties, thereby infringing upon their constitutionally protected freedoms. It held the Respondents personally liable for the violations, awarding each applicant UGX 75,000,000 in general damages (approximately 20,240 USD). The Court also ruled that the Respondents were vicariously liable for the actions of their agents, and the Applicants were entitled to compensation, while rejecting additional claims for verification, apologies, and guarantees of non-repetition.
Kenya
Javeria Siddique w/o Arshad Sharif v. Attorney General of Kenya
Decision Date: August 7, 2024
The High Court of Kenya held that the fatal shooting of Pakistani journalist Arshad Sharif by Kenyan police officers was unlawful and violated constitutional and international rights, including the right to life, dignity, and freedom from torture. The Court found that the Petitioner, Javeria Siddique (Wife of Deceased Arshad Sharif), had met the required threshold by demonstrating violations of multiple constitutional provisions, such as Articles 26, 27, 28, and 29 of the Kenyan Constitution, alongside international obligations under the ICCPR and CAT. The Court criticized the respondents for failing to conduct independent, impartial, and effective investigations into the incident and for withholding critical information from Sharif’s family, breaching their obligations under Article 35 of the Constitution. It held the respondents accountable for their inaction and lack of transparency, awarding the Petitioners relief, including a global compensation of Kshs 10,000,000 (78,000 USD) for the family, and ordered independent investigations, public apologies, and accountability measures.
European Court of Human Rights
Mestan v. Bulgaria
Decision Date: May 2, 2023
The European Court of Human Rights overturned Bulgarian domestic courts’ decisions confirming the sanction imposed on a parliamentary candidate for having spoken in a language other than the official Bulgarian one. A candidate had spoken in Turkish, his mother tongue, at a public event during his electoral campaign, to members of Bulgaria’s Turkish minority. Regional governors imposed administrative sanctions under the electoral code which prohibits the use of any language other than the official one in election campaigns. The candidate appealed to a district court which held that he had violated the electoral code. The Administrative Court upheld the lower court’s ruling and held that freedom of expression was not an absolute right and could be subject to restrictions. The European Court of Human Rights highlighted the importance of pluralism and the protection of minorities in a democratic society and found that the Bulgarian electoral code was not in line with the principles of the European Convention and that imposing Bulgarian as the only official language in the context of elections violated the fundamental right to freedom of expression.
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COMMUNITY HIGHLIGHTS & RECENT NEWS
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● Uganda: HRNJ-Uganda Welcomes Court Ruling Against Security Personnel For Violating Journalists’ Rights. The Human Rights Network for Journalists-Uganda (HRNJ-Uganda) celebrates the landmark ruling in The Uganda Journalists Association v. Attorney General, issued this past November, as “a resounding victory for journalists’ rights and a significant deterrent to rogue security personnel who perpetually violate media freedoms.” The case concerned journalists Timothy Murungi and Henry Sekanjako, who were assaulted by the Defence Forces in 2021 while reporting on a political event – the passing of a petition to the UN Human Rights Office by the leader of an opposition party. The Court ruled that the soldiers violated the journalists’ rights to freedom of the press, freedom from torture, freedom of movement, speech, conscience, opinion, assembly, and association, and the right to practice their profession. HRNJ-Uganda underscores the importance of the decision’s timing, referring to the country’s 2026 elections, anticipated to be challenging for journalists.
● Kenya: Tanzanian Journalist Maria Sarungi Tsehai Briefly Abducted. The Committee to Protect Journalists (CPJ) urges the Kenyan authorities to thoroughly investigate the assault on Maria Sarungi Tsehai, a prominent Tanzanian journalist and human rights activist, who was briefly abducted last week in Nairobi, Kenya. Sarungi Tsehai recounted her abduction during a recent press conference: four unknown men, who claimed to be policemen, forced Sarungi Tsehai into a van; blindfolded, choked, and handcuffed her; and confiscated her two phones, demanding passwords – she refused to give them out. Living in exile in Kenya, Sarungi Tsehai is a frequent critic of the Tanzanian state, which banned her media outlet in 2020, and believes “there was Tanzanian involvement” in the abduction and assault. “With attacks on dissidents living in exile in Nairobi and a wave of abductions targeting critics of the government, Kenya has become incredibly hostile for anyone with a dissenting opinion,” Muthoki Mumo, Africa Program Coordinator at CPJ, said in a statement.
● India: Freelance Chhattisgarh Journalist Killed after Corruption Report. The International Federation of Journalists (IFJ), together with the National Union of Journalists – India and the Indian Journalists Union, condemns the murder of freelance journalist Mukesh Chandrakar, who investigated corruption, in the state of Chhattisgarh, India. Chandrakar’s body was found in a septic tank in early January 2025. The police suspect the killing occurred in retaliation to a report, published in December 2024, which exposed irregularities in road construction in Chhattisgarh’s south and resulted in the opening of a formal investigation. According to the IFJ data, this past year, 122 journalists were killed globally, and three of them – Ashutosh Srivastava, Shivshankar Jha, and Salman Ali Khan – in India.
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TEACHING FREEDOM OF EXPRESSION WITHOUT FRONTIERS
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This section of the newsletter features teaching materials focused on global freedom of expression which are newly uploaded on Freedom of Expression Without Frontiers
● Filing Amicus Curiae and Other Submissions at Domestic Courts: Strengthening Freedom of Expression at the National Level. The article, published by Media Defence, reviews some of the written submissions – third-party interventions and expert opinions – that the organization filed before domestic courts in 2024, striving to foster press freedom at national levels. The list of countries includes Albania, Angola, Brazil, Cambodia, Colombia, Mexico, Romania, Serbia, and Thailand. The cases vary in the issues considered: Media Defence filed arguments on source confidentiality, sedition laws, satire, incitement, restriction of information access, artistic expression, respect for private life, data protection, and surveillance.
● Press Freedom and Media Safety in Pakistan in 2024. The Pakistan Press Foundation (PPF) concluded 2024 with a report on the further erosion of media safety and freedom of expression in the country. The PPF has documented patterns of violence against journalists – targeted killings, abductions, arrests, physical assaults, intimidation, and legal harassment. As waves of protests swept across Pakistan after the February 2024 election, disputed by the opposition, attacks on the media followed, while effective government action to uphold press freedom did not. From January until December 2024, the PPF recorded at least 162 attacks on journalists and media workers in the country. They include two killings, 72 assaults, and four abductions, among others.
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Call for Papers – Protecting Journalists in Conflict Zones: Challenges and Strategies During the Israel-Gaza Conflict. The International Communication Association, the University of East London, and the European Universities in Egypt are organizing an online post-conference in June 2025 and inviting submissions. They will gather scholars, journalists, rights activists, and policymakers to address the protection of journalists covering conflict. The themes highlighted are Threats to Journalist Safety, Legal and Ethical Dimensions, Strategies and Support Mechanisms, and Case Study Focus: The Israel-Gaza Conflict. The deadline to submit abstracts and full papers is March 7, 2025. Learn more here.
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