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Advancing understanding of the norms and institutions
that best protect the free flow of information and expression.
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Dear Friends,
Happy Wiñoy Xipantv!
The Mapuche Indigenous people of “Wallmapu” (Chile and Argentina) recently celebrated “Wiñoy Xipantv,” a festival marking the greatest distance between the sun and the southern hemisphere, observing the sun’s return to Earth. For the Mapuche, this represents a new beginning in the cycle of life, renewing energies, hopes, and commitments for a better future.
The Mapuche honor their culture and traditions through ceremonies and rituals in their native language, Mapuzungun. Our Patagonian colleague, Estefanía Mullally, closely connected to the Mapuche struggles, participated in the celebration held by the Mapuche Confederation of Neuquen in Vaca Muerta, Argentina. This region is currently facing territorial conflicts due to oil and gas exploitation by multinational companies using fracking; during the celebration, the Mapuche voiced their concerns about the environmental damage of their ancestral lands and the state’s failure to uphold their rights, violating human rights laws and international standards.
We are excited to share a video, recorded by Estefanía, of a ritual from this celebration, where community children dance, imitating the Patagonian bird “choike.” This bird symbolizes the life cycle and communal living, reflecting the strength of the Indigenous people. As we celebrate our 10th anniversary, we extend our warmest greetings to the Mapuche people. We hope this renewal of the cycle strengthens our shared commitment to promoting and fighting for human rights. Happy Wiñoy Xipantv!
Would you like to learn more about the right to media and freedom of expression for Indigenous communities? Check out this CGFoE video, directed by Jake Price and now available with Spanish and English subtitles, on the 2024 Prize Winners in Excellence in Legal Services category. The exceptional advocacy of the lawyers involved in the case of Indigenous People Maya Kaqchikel from Sumpango v. Guatemala before the IACtHR underlined the unique adversities faced by Indigenous communities and championed the rights to freedom of expression and cultural integrity.
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The Mapuche people mark the renewal of “Pu newen” (strength) at the end of the Wiñoy Xipantv festival.
Photo credit: courtesy of Confederación Mapuche de Neuquén
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Children dance, imitating the Patagonian bird “choike,” a symbol of the life cycle and communal living.
Photo credit: courtesy of Confederación Mapuche de Neuquén
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United Kingdom
R (National Council for Civil Liberties) v. Secretary of State for the Home Department
Decision Date: May 21, 2024
The United Kingdom High Court of Justice ruled that recent amendments to protest laws enacted by the Secretary of State were unlawful in a case brought by the human rights organization Liberty. The Court found that the definition of “serious disruption” in the regulations, which lowered the threshold for police intervention against protests to “more than minor,” fell outside the scope of the enabling power granted by Parliament. Additionally, the Court determined that the consultation process preceding the regulations was procedurally unfair and one-sided, as it excluded relevant stakeholders beyond law enforcement agencies. However, the Court rejected arguments by Liberty that the regulations undermined Parliamentary sovereignty or violated the separation of powers. The ruling emphasizes the importance of adhering to legislative intent, maintaining proper consultation standards, and upholding procedural fairness in the enactment of subordinate legislation affecting fundamental rights.
Ireland
Tallon v. DPP
Decision Date: May 25, 2023
The Court of Appeal of Ireland upheld the High Court’s decision to grant Judicial Review in a case challenging the legality and constitutionality of a civil order issued under Section 115 of the Criminal Justice Act, 2006, prohibiting public speaking and recording within Wexford Town. Stephen Tallon, the Applicant, challenged the order, arguing that it infringed upon his constitutional rights to freedom of expression and lacked the necessary specificity. The High Court ruled in favor of Tallon, finding the order overly broad and disproportionate, leading to its quashing. The Court of Appeal rejected the State’s arguments that Tallon had alternative remedies available and emphasized the necessity of judicial review in addressing constitutional issues. It further noted the lack of legal certainty in the terms of the civil order and refrained from addressing proportionality concerns raised by the Director of Public Prosecutions. While acknowledging the Applicant’s firm belief in the order’s unconstitutionality, the Court of Appeal upheld the High Court’s decision, dismissing the appeal brought by the State and the Director of Public Prosecutions and affirming the quashing of the civil order and associated convictions.
Brazil
Campos Mello v. Jair Bolsonaro
Decision Date: June 29, 2022
A Brazilian court sentenced Jair Bolsonaro, the former President of the Republic, to pay compensation for moral damages to a journalist for a statement that violated her honor and dignity. In an interview with supporters, while commenting on the Parliamentary Inquiry Commission on Fake News (CPI), Bolsonaro suggested that the journalist had offered sex to a source for negative information about him. The Court found that the journalist’s personality rights were compromised as Bolsonaro referred to the term “scoop” in a clearly malicious manner, holding that Bolsonaro’s statement was not protected by the right to freedom of expression. As a result, Bolsonaro was ordered to pay compensation of 35,000 Brazilian reais (approximately 6,300 US dollars). Bolsonaro has appealed the decision.
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COMMUNITY HIGHLIGHTS & RECENT NEWS
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● Upcoming Event – Webinar on Creating a Media Lawyers’ Network. The Centre for Law and Democracy (CLD) will host “Introduction to Creating a Media Lawyers’ Network.” The webinar is part of the Centre’s global project supported by UNESCO’s Global Media Defence Fund. Seeking to advance media freedom and freedom of expression, the project aims to help establish national networks of media lawyers. The upcoming webinar will acquaint the participants with the concept of such a network, discuss what its establishment requires, and offer relevant resources. July 18, 2024. 8:00–9:00 AM EDT. Register here. Learn more about the CLD’s project.
● Upcoming Event – 2024 Counterspeech Trainings. The Future of Free Speech (FFS) at Vanderbilt University invites everyone interested to attend the upcoming training sessions on counterspeech. Mina Dennert, Journalist, Social Media Expert, and Founder of I Am Here International; Natalie Alkiviadou, Senior Research Fellow at FFS; and Siyuan Guo, Technology Fellow at FFS, will lead the trainings and share insights into the role of counterspeech and resources developed by FFS: the Counterspeech Toolkit and AI-powered app The Freequalizer. The sessions will take place across three different time zones. July 22, 2024, 9:00 AM–3:30 PM CET. July 23, 2024, 9:00 AM–3:30 PM IST. July 24, 2024, 9:00 AM–3:30 PM CDT. Reserve your spot and pick the best time and day here.
● Prosecuted for Defending the Environment: Activists and Communities Stand Up to Protect Our Planet. Amnesty International recently drew attention to the story of the Colonia Maya community in southern Mexico, the state of Chiapas, their peaceful protests against a construction project in a mountainous area, and the criminal charges their leaders have been facing since 2018. Amnesty International underscores that as protesters around the world demand “respect for their rights to self-determination; free, prior and informed consent of Indigenous Peoples; a healthy environment; information; and participation in projects that may affect the environment,” government officials often respond with repressions. Even though the Escazú Agreement on Access to Information, Public Participation, and Justice in Environmental Matters in Latin America and the Caribbean marked progress for the region, many countries – including those that are the deadliest for environmental defenders – have yet to commit to the treaty.
● SLAPPs: Shell Sues Greenpeace, and Croatian State Company Sues Forest Activist. The Coalition Against SLAPPs in Europe (CASE) published case studies of ongoing attempts to suppress environmental activism. One concerns Shell, a giant oil company. Shell filed a lawsuit against Greenpeace UK following a protest organized by Greenpeace International activists last year; Shell seeks to ban all Greenpeace protests at its infrastructure facilities and threatens with more than a million dollars in damages. In the other case, Hrvatske šume d.o.o., Croatian Forests Ltd, which is a state-owned company, initiated three criminal defamation proceedings against Vesna Grgić, an environmental activist and leader of an association that advocates against large-scale deforestation. CASE notes, “[T]his lawsuit bears a stark resemblance to the infamous ‘McLibel case’, where McDonald’s sued two Greenpeace activists in the UK, resulting in the longest civil trial in British history.”
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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
Covering the Planet: Assessing the State of Climate and Environmental Journalism Globally, by Gabi Mocatta, Shaneka Saville, Nicholas Payne, Jerry Lai, Lova Jansson, Kristy Hess. This recent report, funded by the Earth Journalism Network at Internews, interrogates the global state of climate and environmental journalism in the context of rapidly spreading mis- and disinformation, jurisdictions repressing media freedom, lack of resources and access to data, and risks that accompany climate reporters and cause self-censorship. The study includes a literature review, methodology outline, and results based on a multi-language survey and semi-structured interviews, totaling 744 survey respondents and 74 journalists interviewed. Half of the respondents said they had experienced verbal threats, almost a third of them had been subjected to legal threats or lawsuits, while another third had received threats from governments – and these are only some of the alarming findings. The report concludes with recommendations for funding organizations, newsrooms, journalists, and further research.
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● Call for Papers: Ecocide, Human Rights, and Environmental Justice, Special Issue of the IJHR. The International Journal of Human Rights (IJHR) has announced that its upcoming special issue will focus on “Ecocide, Human Rights, and Environmental Justice.” The IJHR invites contributions “from a range of disciplinary perspectives” to be published online and in print and possibly considered for a book publication. The Journal especially welcomes submissions from the Global South. Are you interested? Send your proposal of 300 words maximum and a bio of no more than 100 words to editors@ecocidelaw.com by July 26, 2024.
In case you missed it…
● Symposium on Artificial Intelligence & The First Amendment: Protecting Free Speech in the AI Era. This past June, the Future of Free Speech at Vanderbilt University and the Center for Democracy and Technology held a symposium on AI regulations and free speech protections. The recordings of the four panels – “The View from Congress,” “The First Amendment and AI,” “How Do Companies Balance Free Speech and Safety?” and “Civil Society’s Role in the AI Boom” – are available on YouTube and here.
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