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Advancing understanding of the norms and institutions
that best protect the free flow of information and expression.
Dear Friends, 

We are thrilled to reveal the winners of the 2024 Columbia Global Freedom of Expression Prizes. In the category of Significant Legal Ruling, the Prize is awarded to the High Court of South Africa (Johannesburg) for the Mazetti Management Services (Pty) Ltd and Another v AmaBhungane Centre for Investigative Journalism NPC and Others ruling (3 July 2023). The CGFoE Prize for Excellence in Legal Services is awarded to the Human Rights and Indigenous Peoples Clinic at Suffolk University and the Association of Maya Lawyers and Notaries in Guatemala for their exceptional advocacy in the case of Maya Kaqchikel Indigenous Peoples of Sumpango et al. v. Guatemala.

In a groundbreaking decision, the High Court of South Africa held that investigative journalists who receive information from anonymous sources cannot be labeled as accomplices to criminal activities. This pivotal ruling underscores the vital role of investigative journalism in combating corruption, highlights the importance of protecting sources, and sets a valuable precedent in the fight against SLAPPs.

The tireless advocacy of the Human Rights and Indigenous Peoples Clinic at Suffolk University and the Association of Maya Lawyers and Notaries in Guatemala before the Inter-American Court on Human Rights led to a landmark decision that challenged discriminatory regulations on radio frequency allocation in Guatemala by highlighting the distinct harms experienced by indigenous communities. In particular, the Prize recognizes the work of the following experts: Nicole Friederichs, Lead Counsel and Director of the Human Rights and Indigenous Peoples Clinic at Suffolk University, Law School, Amy Van-Zyl Chavarro, Of-Counsel of the Human Rights and Indigenous Peoples Clinic at Suffolk University, Law School, Cristian Otzin, Legal advisor at the Association of Maya Lawyers and Notaries in Guatemala, and Adriana Sunun Pablo, Legal advisor at the Association of Maya Lawyers and Notaries in Guatemala.

We commend the exceptional achievements of the winners and celebrate their firm commitment to justice, human rights, and freedom of expression.

The Prizes will be awarded at the Italian Academy, Columbia University, on April 25, 2024. Elena Kostyuchenko, Russian journalist and activist, will be the keynote speaker at the Ceremony, and Vivir Quintana, Mexican singer-songwriter and activist, will perform. Join us! Register here.  
The Association of Maya Lawyers and Notaries in Guatemala
Photo credit: nimajpu.org 
DECISIONS THIS WEEK
South Africa
Mazetti Management Services v. amaBhungane Centre for Investigative Journalism
Decision Date: July 3, 2023
A South African High Court set aside an interim injunction which had ordered a media entity to return documents it had in its possession and restrained them from further publication. After a series of articles critical of a group of companies were published, the group of companies obtained an ex parte order from the High Court which ordered the return of documents the companies believed had been stolen from them and prohibited further publication of articles based on those documents. In a reconsideration hearing, the Court found that the application and granting of that order was an abuse of process and constituted a SLAPP suit. The Court confirmed that South African law protects the confidentiality of sources and allows for prior restraints on publication only in exceptional circumstances.

The Inter-American Court of Human Rights
Indigenous People Maya Kaqchikel from Sumpango v. Guatemala
Decision Date: October 6, 2021
The Inter-American Court of Human Rights found that the State of Guatemala breached articles 13 and 26 of the American Convention of Human Rights, on the ground that its regulation regarding the allocation of radio frequencies was discriminatory against indigenous peoples. According to the “Ley General de Telecomunicaciones” (General Telecommunications Bill) radio frequencies will always be allocated to the highest bidder in a public auction. This made it impossible for structurally impoverished indigenous communities to operate their own media outlets, which in turns harms diversity and pluralism in media. Similarly, the Court considered that the criminal prosecution undertaken by the State of Guatemala against members of two indigenous communities operating radio stations without licenses, along with other criminal proceedings used to undermine the operation of the radio stations, were disproportionate measures that breached article 13.2 of the American Convention.
COMMUNITY HIGHLIGHTS &  RECENT NEWS
●  South Africa: There is a Global Free Speech Recession, and South Africa is not immune, by Caroline James and Jacob Mchangama. The article raises the alarm about the new Bill - the General Intelligence Laws Amendment (Gilab) - that threatens to undermine free speech in South Africa. Jacob Mchangama, Founder and Executive Director of Justitia, and Caroline James, Advocacy Coordinator at the amaBhungane Centre for Investigative Journalism, refer to the Future of Free Speech report on 22 open democracies that finds “the stated need to protect national security, national cohesion and public safety [to be] the most common justification for limiting expression.” In South Africa, Gilab demonstrates the trend, adding to the list of other laws limiting freedom of expression and access to information. Emphasizing the role of South African courts in protecting these rights in SLAPP suits, James and Mchangama note, “Although South African courts have proven strong protectors of the right to freedom of expression, we need to take firmer action to ensure this right is not eroded.” 

● Kenya: In a Landmark Ruling, Kenya’s High Court Declares Colonial-era Subversion Laws Unconstitutional. Media Defence reports on the recent ruling of the High Court in Nakuru, which held that those sections of the Kenyan Penal Code that criminalized subversion were remnants of colonial oppression and curtailed free speech. Justice Samwel Mohochi, who delivered the judgment, stated the provisions in question suppressed dissent rather than served any legitimate purpose, thus violating the constitutional right to freedom of expression. In a case prompted by the arrest of Kenyan lawyer Joshua Otieno Ayika, a coalition of human rights groups, including the Katiba Institute, Law Society of Kenya, Kenya Union of Journalists, and Kenya Human Rights Commission, submitted a petition. Media Defence quotes Ochiel J Dudley, one of the coalition lawyers, “One beautiful thing about oppressive regimes is that we can get great decisions if the courts are brave and litigants seize the moment.”

●  Joint Statement: Finding the Good in the First UN General Assembly Resolution on Artificial Intelligence. In a collective statement, nine civil society organizations, including Access Now and ARTICLE 19, welcome the United States-led UN General Assembly resolution on “safe, secure and trustworthy artificial intelligence systems for sustainable development.” The signatories highlight the resolution’s language regarding “trustworthy” AI and its call on states and other stakeholders to abstain from the use of AI systems that do not comply with international human rights law or pose significant risks to the enjoyment of human rights. However, the organizations also outline several concerns. One is the resolution’s framing of AI governance that does not stand for “a true multistakeholder model.” The statement argues the framing “could be stronger when it comes to meaningful participation and inclusivity, particularly of civil society, vulnerable and marginalized groups, local and indigenous communities engaging in decisions related to AI that affect them.” 

● India: RSF Urges Political Parties to Adopt 10-Point Press Freedom Program Ahead of Elections. In light of India’s general elections starting on April 19 and the country’s press freedom undergoing a drastic decline, Reporters Without Borders (RSF) addresses India’s political parties and calls on them to commit to safeguarding people’s rights to reliable news and information and the journalists’ work and safety. RSF urges the parties to adopt ten key press freedom recommendations: 1) free arbitrarily detained journalists; 2) overhaul the terrorism laws used against journalists; 3) cease censoring and surveilling journalists: 4) “[e]stablish an independent commission of enquiry into cases of spying on journalists”; 5) ensure the protection of journalistic sources’ confidentiality; 6) secure media pluralism; 7) “[a]dopt mechanisms for protecting journalists”; 8) stop arbitrarily restricting internet access; 9) cancel restrictions on visits to certain states and territories; 10) protects the right of foreign journalists to report in India. 

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.
 

The Digital Silk Road: China and the Rise of Digital Repression in the Indo-Pacific. The report, published by ARTICLE 19, interrogates digital influence in Cambodia, Malaysia, Nepal, and Thailand. As China broadens the scope of its technology and partnerships in normalizing the “authoritarian approach to digital governance,” the study sets out to understand China’s digital superpower aspirations by unpacking its regional strategies. “This report shows that dual infrastructure and policy support from China, in the hands of authoritarian states, has contributed to increasing restrictions on freedom of expression and information, the right to privacy, and other acts of digital repression,” Michael Caster, ARTICLE 19’s Asia Digital Program Manager, comments. Defining the Digital Silk Road as an umbrella term for digital policies that are part of China’s Belt and Road Initiative, the report explains China’s domestic digital landscape, outlines the evolution of the country’s domestic and foreign digital policies, and offers case studies on the digital infrastructure and governance in each of the four focus countries. The report concludes with recommendations to governments, the internet freedom community, and the private tech sector.  

POST SCRIPTUM 

● The Signal x HRF: The Long Game. In partnership with The Signal, the Human Rights Foundation (HRF) is releasing The Long Game - a limited series newspaper on the struggle between authoritarianism and democracy. The first issue features a piece on the spread of anti-democratic technology and the use of AI for political repression, interviews with Miranda Patrucić, Bosnian investigative journalist, and social scientist Francis Fukuyama, who approaches the question, “Why is democracy struggling so much around the world?”, an article on egregious human rights violations in Northwest China, and a take on “political hostage taking” by the world’s authoritarians.

● Latin America: IAPA Launches Initiative for Justice and the Memory of Murdered Journalists. Last month, the Inter American Press Association (IAPA) launched an initiative that calls for combating impunity in crimes against journalists and commemorates the names and stories of those journalists who were murdered in Latin America over the last decades. Titled “Voices Claiming Justice,” the initiative releases monthly statements highlighting impunity cases that IAPA has been documenting. The campaign started with Gerardo Bedoya Borrero, Colombian journalist and the Opinion section editor of El País newspaper in Cali, Valle del Cauca department. In this work, Bedoya denounced “the connections between military forces, political leaders, and drug traffickers.” He was shot dead on March 20, 1997. This month, the initiative brings up the story of Mexican journalist Alfredo Jiménez Mota, who covered organized crime for El Imparcial, Hermosillo, Sonora state, and disappeared nineteen years ago at the age of 25. IAPA urges the Mexican authorities to continue investigating his case. 

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