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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,
“Gulf of Mexico” or “Gulf of America”? Reporters’ access to the US President hangs on the answer. The Associated Press (AP), barred from some of Trump’s events and news conferences over a dispute about its editorial style, filed an amended lawsuit on Monday after a federal judge refused to reinstate its full access to the White House last week.
A coalition of press freedom organizations called on the Presidential administration to lift the restrictions targeting AP. The White House, however, intends to have a broader control over who gets to ask the President questions. Freedom of the Press Foundation argues the press pool takeover “could lead to even more closures and news deserts.”
In a similar move last week, President Javier Milei barred accredited reporters from the legislative assembly with his annual address. Argentina’s Circle of Parliamentary Journalists condemned the unprecedented decision. Facing the Parliament, Milei boasted about his earlier withdrawal of state advertising from the Argentine media. “We don’t need liar journalists paid with public funds,” Milei said.
Today’s cases also point to the authoritarian toolbox. The European Court of Human Rights found that Russia’s current “foreign agent” legislation was stigmatizing and had a chilling effect on Russian civil society. The Kremlin imposed hundreds of “foreign agent” labels on journalists and media, of which many were fined or had criminal cases opened against them. This past December, the Russian lawmakers further restricted their rights.
Autocratic regimes have borrowed Russia’s crackdown tactics. Most recently, the Georgian Parliament approved a new “foreign agent” law – now with criminal penalty for non-compliance – in the first hearing, and Republika Srpska adopted the law on the “Special Registry and Transparency of the Work of Non-Profit Organisations.” Last month, Kazakhstan’s Parliament considered a “foreign agent” law proposal.
The other two cases we are featuring this week concern Nicaragua and Sri Lanka. The UN Human Rights Committee held that by failing to provide the applicant with information about reproductive health and rights, Nicaragua violated her freedom of expression. The Sri Lanka Human Rights Commission ruled that the arrest and travel restrictions imposed on a comedian – for alleged derogatory remarks about Buddhism – violated her freedom from arbitrary arrest, right to equality before law, and freedom of speech.
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We extend our heartfelt congratulations to Dario Milo, Attorney and Partner at Webber Wentzel and CGFoE Expert, who has received the prestigious Chambers Africa Award 2025
for Outstanding Contribution to the legal profession.
“Dario Milo stands out for his expertise in defamation and free speech matters, with a strong track record in some of the most important cases in this field to come before the South African courts,”
said Chambers Africa.
Image credit: Webber Wentzel
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United Nations Human Rights Committee
Lucía v. Nicaragua
Decision Date: October 31, 2024
The United Nations Human Rights Committee (UNHRC) held that the State of Nicaragua violated the applicant’s right to freedom of expression – regarding access to information, as protected by Article 19 of the International Covenant on Civil and Political Rights –, by not providing her with information about reproductive health and rights. The case was brought by Lucía, a victim of sexual violence who faced a high-risk pregnancy at the age of 15. She argued the State failed to provide her with essential information regarding her reproductive health, recommended medical procedures, and availability of social services which prevented her from making informed decisions and resulted in forced motherhood. Nicaragua failed to respond to the complaint despite four requests from the Committee. The UNHRC concluded that the right of access to information encompasses the State’s obligation to provide evidence-based information and education on sexual and reproductive rights – particularly to girls and adolescents in vulnerable situations. Based on these findings, the Committee ordered Nicaragua to provide Lucia with an effective remedy, including comprehensive reparation and appropriate compensation. Additionally, it required the State to adopt policies to prevent similar violations, including training healthcare professionals and justice operators.
European Court of Human Rights
Kobaliya v. Russia
Decision Date: October 22, 2024
The European Court of Human Rights (ECtHR) held that Russia violated the rights to freedom of expression, freedom of association, and privacy by designating, through legislation, organizations and individuals as “foreign agents” and imposing professional, economic, and public participation restrictions on them. The 107 applicants – non-governmental organizations, media outlets, and individuals designated as “foreign agents” by the Russian authorities – complained that the designation, along with the associated requirements and sanctions it imposed, violated their rights under the European Convention of Human Rights. The Court found that Russia’s current “foreign agent” legislation, which has evolved since 2012 to become considerably more restricting, was stigmatizing and had a chilling effect on Russian civil society. The Court ruled that the law and its application were arbitrary and contributed to the shrinking of Russia’s democratic space.
Sri Lanka
Edirisuriya v. Randeniya
Decision Date: September 26, 2024
The Sri Lanka Human Rights Commission ruled that the arrest and travel restrictions imposed on Natasha Edirisuriya – a comedian – by the Criminal Investigation Department (CID) and Immigration Department violated Articles 13(1) (freedom from arbitrary arrest), 12 (right to equality before law), and 14(1)(a) (freedom of speech) of the Constitution of Sri Lanka. Edirisuriya was detained at the airport and remanded for alleged derogatory remarks about Buddhism, despite the lack of a prior court order or a thorough investigation. The Commission found that her remarks did not incite religious hatred or demean Buddhist teachings, rather they engaged the audience of a comedic show through satirical commentary. The Commission found a lack of evidence produced by the authorities to justify Edirisuriya’s arrest under Sri Lankan law. Emphasizing freedom of speech, the Commission recommended the payment of compensation to Edirisuriya (Rs. 50,000 (approx. USD 170)) and legal reforms to prevent unlawful arrests.
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COMMUNITY HIGHLIGHTS & RECENT NEWS
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● Indo-Pacific: To Resist China’s Cyber Norms, We Must Support Taiwan. In this recently published report, ARTICLE 19 analyzes China’s Digital Silk Road influence – particularly its active promotion of internet governance norms – over Indonesia, Pakistan, and Vietnam. The ways such norms are being integrated, the report finds, challenge “international human rights, internet freedom, and democratic institutions, demanding urgent, contrasting digital governance norms.” ARTICLE 19 presents the three country case studies, showing the impact of digital authoritarianism on their laws, policies, and institutions, and argues that Taiwan offers a compelling alternative of balancing security and freedom. “[I]f the international community is serious about resisting China’s repressive global ambitions,” said Michael Caster, Head of the Global China Programme at ARTICLE 19, “it must urgently increase its engagement with Taiwan.”
● Kyrgyzstan: Supreme Court Upholds Lengthy Prison Terms for Temirov Live Journalists. The Committee to Protect Journalists (CPJ) condemns the decision of Kyrgyzstan’s Supreme Court to uphold lengthy sentences for three Temirov Live journalists. “[The ruling| serves to underline the apparently irreversible course towards authoritarianism under President Sadyr Japarov,” Carlos Martínez de la Serna, Program Director at CPJ, said in a statement. Temirov Live is a prominent investigative media outlet and local partner of the Organized Crime and Corruption Reporting Project. A year ago, eleven Temirov Live journalists were arrested; this past October, four of them were convicted, while all the others were acquitted. On February 25, the Supreme Court confirmed a six-year prison sentence for Makhabat Tajibek kyzy, five years in prison for Azamat Ishenbekov, and a five-year suspended term for Aike Beishekeyeva – all on charges of inciting mass unrest.
● Türkiye: Istanbul Bar Executives Face up to 12 Years in Prison over Statement on Journalists Killed in Syria. Citing Bianet, IFEX reports that İbrahim Kaboğlu, President of Istanbul Bar Association, and its ten executive board members are facing up to twelve years in prison for “legitimizing the use of force, violence, or threats by a terrorist organization.” The accusations follow the release of a statement in which they condemned the murder of Kurdish journalists Nazım Daştan and Cihan Bilgin in a drone attack in northern Syria. At the preliminary hearing on March 5, Kaboğlu argued the case was unconstitutional and all bar associations in Turkey – more than 80 of them – were under threat. “If the bar is silenced in this manner, the right to defense and the right to a fair trial will be completely eroded,” said Turgut Kazan, former Istanbul Bar Association President.
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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
Repression of Dissent in Sri Lanka: Annual Report 2024. Published by the INFORM Human Rights Documentation Centre, based in Colombo, Sri Lanka, the report reviews the country’s human rights record in 2024. Drawing from its monthly reports on the repression of dissent, the Centre has documented relevant court cases, legal reforms, the Tamil community activists demanding accountability for war crimes, and discrimination against LGBTQI+ individuals. With regard to press freedom, the report refers to cases of persecution, assaults, attempted abductions, and surveillance targeting journalists. The government has also curtailed the public’s right to peaceful assembly. In a blow to digital rights and freedom of expression, last January, the controversial Online Safety Bill was passed by a majority vote, despite warnings from civil society.
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● Call for Participation: Federal Funding and the First Amendment. The Knight First Amendment Institute will host a closed convening at Columbia University on May 23, 2025, to discuss the questions around the First Amendment and whether the government can regulate speech by placing conditions on federal funding. The Institute invites submissions of statements of interest to katy.glennbass@knightcolumbia.org by March 21. Learn more here.
● Call for Papers: Navigating Campus Freedom of Expression in Polarized and Turbulent Times. The International Conference on Academic Freedom, Expression Rights, and Institutional Responsibility – to be held on July 1, 2025, at Haim Striks School of Law, College of Management, Israel, and online – welcomes contributions on “Legal frameworks governing campus speech in different jurisdictions,” “Balancing protest rights with institutional operations,” and “Campus policing and freedom of expression: engagement with disruptions and protests,” among other related topics. Email abstracts to foeconference@colman.ac.il by March 30. Find out more here.
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