Warning that Free Expression Under Worldwide Assault

David Kaye

A UN report has found that governments worldwide are applying censorship.

David Kaye,  the UN Special Rapporteur on the freedom of opinion and expression, said in a the report to be presented to the UN General Assembly tomorrow in New York,   “Governments are treating words as weapons, adopting vague laws that give officials massive discretion to undermine speech and opinion.  The approach that many governments adopt towards freedom of expression today is abusive and unsustainable.  Governments must not only reverse course, but also take the lead in ensuring its protection.  Censorship in all its forms reflects official fear of ideas and information….and it not only harms the speaker or reporter or broadcaster, it undermines everyone’s right to information, to public participation, to open and democratic governance.  I am especially concerned that many governments assert legitimate grounds for restriction, such as protection of national security or public order or the rights of others, as fig leaves to attack unpopular opinion or criticism of government and government officials. Many times governments provide not even the barest demonstration that such restrictions meet the legal tests of necessity and proportionality.”

David Kaye drew attention to increasing instances where governments assert rationales having no basis in human rights law, “For example, it has become routine for governments to explicitly target political criticism, journalism, and the expression of singled-out groups such as LGBTI communities and artists.”

One of the biggest threats to online expression is the use of Internet ‘kill switches.’ In the last year more than a dozen network shutdowns have been recorded. This is just one form of digital censorship among many adopted by governments.

On the plus side, David Kaye welcomed examples where governments, legislatures and domestic and international courts have taken strong steps to promote freedom of expression or carefully evaluate restrictions.

Special Rapporteurs and independent experts are appointed by the UN Human Rights Council. They examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not UN staff, nor are they paid for their work.

 

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