|
Advancing understanding of the norms and institutions
that best protect the free flow of information and expression.
|
|
|
Dear Friends,
In today’s visual, Chat GPT interprets freedom of expression again and intrigues us with complexity. Technology is prominent in the image, yet Themis, the goddess of justice, takes over its center, holding both scales and a sword.
We are sharing newly published cases with you. The ECOWAS Court held that Guinea violated the right to information and freedom of expression by restricting internet access from October to December 2020. In the case of Pablo Hasél, the ECtHR contracted political speech protection, having ruled that the Spanish rapper’s criminal conviction for glorifying terrorism, slander against the Head of State, and insulting the State institutions did not violate freedom of expression. In Kejriwal v. State of India, the Delhi High Court held that public figures can prima facie attract liability for criminal defamation if they retweet or repost defamatory material. In another ruling that contracts expression, a Single Criminal Judge in Lebanon found a journalist guilty of slander, defamation, and inciting sectarian strife for a tweet that she later deleted, making it Lebanon’s first prison sentence imposed on a journalist for a social media post.
But the beginning of spring does come with good news, too. We are excited to bring our resources to the French-speaking community: CGFoE is about to launch the French Language Case Law Database. To mark the occasion, we are hosting a Webinar Series in French, with simultaneous interpretation in English. Join the first webinar next Thursday to delve into Internet Shutdowns in International Law. The webinar will feature CGFoE’s Special Collection Paper on Internet Shutdowns, now available in French, and a discussion with its author Joan Barata.
Internet Shutdowns keep gaining urgency. As the super-election year carries on, the #KeepItOn Coalition detected internet disruptions during the elections in Comoros, Azerbaijan, and Pakistan. In the meantime, Senegal is being challenged at the ECOWAS court for the 2023 internet shutdowns, and the Supreme Court of India, “the world’s leading perpetrator of shutdowns,” just held that review orders on internet restrictions must be published. Read more below.
|
|
|
India
Kejriwal v. State of India
Decision Date: February 5, 2024
The Delhi High Court ruled that public figures (or persons with a large public following) who retweet or repost defamatory material on social media can prima facie attract liability for criminal defamation under Section 499 of the Indian Penal Code, 1860 (IPC), which provides sufficient basis for summoning them to trial as accused. Arvind Kejriwal, the incumbent Chief Minister of Delhi, and the petitioner in this case, retweeted an allegedly defamatory tweet by a YouTuber, accusing the IT Cell of the ruling Bhartiya Janta Party (BJP) of corruption. A criminal defamation action was initiated against Kejriwal, and he was summoned by the presiding Trial Court. Kejriwal requested the Delhi High Court to quash the summoning order. In rejecting Kejriwal’s petition, the Delhi High Court reasoned that public figures must be held to a higher standard of accountability for their social media activity given their influence and ability to shape public opinion. The Court argued that, owing to their clout, public figures can inflict significant reputational injury by negligently reposting defamatory imputations and, therefore, should not be allowed to escape criminal liability merely for not authoring at-issue libelous material.
European Court of Human Rights
Rivadulla Duró v. Spain (The Case of Pablo Hasél)
Decision Date: November 9, 2023
The European Court of Human Rights held that a Spanish rapper’s criminal conviction for glorifying terrorism, slander against the Head of State and insulting the State institutions did not violate his right to freedom of expression. The rapper had been given a fine and custodial sentence for writing several insulting tweets and a defaming rap song about King Emeritus Juan Carlos I of Spain. After applying its “incitement to violence” doctrine and considering related case law, the Court declared that the national courts’ financial and imprisonment sentences were not a disproportionate limitation of Article 10 European Convention of Human Rights (the right to freedom of expression).
The Community Court of Justice of the Economic Community of West African States
Association des Blogueurs de Guinee v. Guinea
Decision Date: October 31, 2023
The Community Court of Justice of the Economic Community of West African States (ECOWAS) determined that Guinea violated the right to information and freedom of expression as provided in Articles 9 (1) and (2) of the African Charter on Human and People’s Rights (ACHPR) by restricting access to the internet from October to December 2020. The applicants, who are Non-Governmental Organizations registered under the Guinean laws, had approached the regional court via their application filed on July 22, 2021, alleging that the respondent’s suspension of internet services and Facebook services between October 18, 2020, and December 2020, throughout Guinea, violated people’s right to information and right to freedom of expression. The Court—having noted in its analysis, that access to information is considered the foundation of democracy and that the right to freedom of expression guarantees the exercise of freedom of the press—held that the interruption of access to the internet and social media without justification constituted a violation of the applicant’s right to information and freedom of expression. In arriving at its decision, the ECOWAS Court argued that the respondent failed to prove that the restrictions fell within the limited framework of the exceptions provided in paragraph 3 of Article 19 of the International Covenant on Civil and Political Rights and 27 of the ACHPR. The Court also held that the contested measures were not proportionate.
Lebanon
The Case of the Free Patriotic Movement v. Dima Sadek
Decision Date: July 11, 2023
A Single Criminal Judge in Lebanon found a journalist guilty of slander, defamation and inciting sectarian strife after posting a tweet which she later deleted. The journalist had uploaded a post and a video allegedly showing an assault and sectarian attack, describing the ruling party as Nazis, but deleted the tweet when it appeared that the video did not portray the attack. The head of the ruling party filed a lawsuit, accusing the journalists of falsely attributing the conduct in the video to the party. The single judge held that the journalist was in breach of the Lebanese Penal Code and the international provisions related to Freedom of Expression, and fined the journalist and sentenced her to one year in prison.
|
|
|
COMMUNITY HIGHLIGHTS & RECENT NEWS
|
|
|
● Upcoming Event - Internet Shutdowns in International Law Webinar. Join our first webinar in the series that marks the launch of the French Language Case Law Database. Even though courts have recognized the internet as an enabler of human rights, states keep restricting internet access, thus undermining citizens’ freedom of expression and right of access to information. In this webinar, Anderson Javiel Dirocie De León, Legal and Program Consultant at CGFoE, will introduce the new French Language Case Law Database and its resources. Joan Barata, Senior Fellow at Justitia’s Future of Free Speech project and Fellow at the Stanford Cyber Policy Center, will present the Special Collection paper he authored on Internet Shutdowns and International law. Felicia Anthonio, #KeepItOn Campaign Manager at Access Now, will discuss internet shutdowns in West Africa and Africa more broadly. Finally, Aisha Dabo, Co-founder and Coordinator of AfricTivistes, will moderate the panelists’ discussion. The webinar will be in French, with simultaneous interpretation in English. March 7, 2024. 6-7:00 am ET (New York) / 11-12:00 pm GMT (Dakar) / 12-1:00 pm CET (Paris). Learn more and register here.
● Upcoming Event - Free Speech Implications of the ICJ South Africa v. Israel Case. ARTICLE 19 is hosting a webinar on freedom of expression in the case that South Africa initiated before the International Court of Justice (ICJ) under the Genocide Convention last December. On January 26, 2024, the ICJ urged Israel to take all necessary measures to prevent genocide, allow humanitarian aid to Gaza, and ensure the preservation of evidence. ARTICLE 19 notes that South Africa’s application brought up Israel’s grave freedom of expression violations, which did not receive much attention. The webinar will analyze those issues exactly, asking, “What are broader implications of this case for protection of freedom of expression in the region and beyond?” Mai El-Sadany, Executive Director of the Tahrir Institute for Middle East Policy, and David Kaye, University of California Professor and former UN Special Rapporteur on freedom of expression, will join the discussion. March 6, 2024. 2 pm GMT (London) / 9 am ET (New York). Register here.
● Senegal: Lawsuit Filed at ECOWAS CCJ Against Senegal Internet Shutdowns. Citing the Committee to Protect Journalists, IFEX reports that Senegal’s 2023 internet shutdowns are being challenged at the ECOWAS court. Media Defence and the Rule of Law Impact Lab at Stanford Law School filed the case on behalf of AfricTivistes, a human rights group based in Senegal, and local journalists Ayoba Faye and Moussa Ngom. The case argues that having “disrupted access to the internet and social media platforms amid protests over the arrest and prosecution of opposition leader Ousmane Sonko,” the Senegalese government violated the applicants’ right to freedom of expression and the journalists’ right to work.
● India: Supreme Court Orders Publication of Review Committee Orders Relating to Internet Shutdowns. The Supreme Court of India held that review orders on internet restrictions must be published, while review committee deliberations need not be published, according to the Internet Freedom Foundation (IFF). The Court responded to the Miscellaneous Application filed by IFF on behalf of the Foundation for Media Professionals in Foundation for Media Professionals v. Union Territory of Jammu, which sought compliance with the Supreme Court’s judgment in Anuradha Bhasin v. Union of India and the Telecom Suspension Rules 2017. The Court stated that “though it may not be necessary to publish the deliberations, however, the orders passed in the review would be required to be published.”
|
|
|
TEACHING FREEDOM OF EXPRESSION WITHOUT FRONTIERS
|
|
|
This section of the newsletter features teaching materials focused on global freedom of expression which are newly uploaded on Freedom of Expression Without Frontiers.
Legal Explainer: Internet and Telecommunications Shutdowns in the Assessment of International Crimes
Access Now published a report by Laura Winninger that explains what role internet shutdowns and service disruptions play in the investigations of international crimes. With the case law on international criminal liability in relation to internet shutdowns and service disruptions being meager, Access Now highlights one ruling only - the 2011 ICC Pre-Trial Chamber I decision in the Situation in Libya case - and marks the decision’s significance as the International Criminal Court (ICC) acknowledged shutdowns' relevance. Yet, the report notes the decision is “insufficient to deter authorities from shutting down internet and telecommunications services during conflicts and civil unrest.” Access Now calls on “courts with jurisdiction over international crimes (i) to examine the precedent set by the ICC Pre-Trial Chamber I in the Situation in Libya, and (ii) to give due consideration to shutdowns and disruptions of internet and telecommunications services in evaluating the cases brought before them.”
|
|
|
Book Release - A Death in Malta: An Assassination and A Family’s Quest for Justice, by Paul Caruana Galizia. This recently-released book tells a story that shook Malta and the world - that of Daphne Caruana Galizia, a Maltese investigative journalist, who was assassinated in 2017. Written by Daphne’s son, the book is a study of her work, the intimidation campaign that culminated in the bombing of her car, and her family’s pursuit of justice. In an interview for the International Consortium of Investigative Journalists, Paul Caruana Galizia spoke of the book writing process, the impact of his mother’s work, and press freedom in Malta and around the world. “[W]e are years away from justice for her death and her stories,” he shared. “But still, her story shows the power of journalism to change our country and to change lives. You know, it was journalism that did it, in the end. It’s journalism that changed the course of Maltese history.”
In celebration of journalism…
Call for Nominations - IPI/IMS 2024 Press Freedom Awards: Awards Honor Courage and Innovation in Journalism. The International Press Institute (IPI) and International Media Support (IMS) welcome nominations for this year’s Press Freedom Awards, which will be presented at IPI’s 2024 World Congress in Sarajevo, Bosnia and Herzegovina, in May 2024. The World Press Freedom Hero Award celebrates journalists whose work helped promote press freedom, “particularly in the face of great personal risk.” The IPI-IMS Free Media Pioneer Award honors organizations that meet “the demands of the moment through innovative models of journalism, media, or press freedom defense.” IPI and IMS invite nomination submissions to info@ipi.media. The deadline is March 5, 2024, 23:59 CEST. Learn more here.
|
|
|
|
