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Defending Freedom of Expression and Information • Civic Space • Digital • Media • Protection • Transparency •

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Defending Freedom of Expression and Information • Civic Space • Digital • Media • Protection • Transparency • DEFENDING FREEDOM OF EXPRESSION AND INFORMATION • CIVIC SPACE • DIGITAL • MEDIA • PROTECTION • TRANSPARENCY • Annual Report 2015 CONTENTS ARTICLE 19 ANNUAL REPORT 2015 WWW.ARTICLE19.ORG ARTICLE 19 OF THE CONTENTS 17-22 29-32 37-38 UNIVERSAL DECLARATION OF HUMAN RIGHTS 3-4 CIVIC SPACE MEDIA TRANSPARENCY Everyone has the right to freedom of opinion and expression; this right BRIGHT SPOTS IN THE includes freedom to hold opinions without interference and to seek, DARK A REVIEW OF receive and impart information and ideas through any media and THE YEAR regardless of frontiers. by Professor David Kaye, United 18 Starting a Conversation: 30 One Small Step for Media 38 Paved with Information: Nations Special Rapporteur on the LGBTQI in Kazakhstan Freedom: Ban Lifted the Road to Development GLOSSARY promotion and protection of the right in Tanzania to freedom of opinion and expression 19 The Right to Protest Principles: 38 Both Sides of the Coin: ACHPR African Commission on Human and Peoples’ Rights An Interview with Barbora 31 Post-Revolution Regulation: Investigative Journalism in Turkey Bukovská, ARTICLE 19’s Senior Media in Tunisia 38 Training in Action: Public Interest BBC British Broadcasting Corporation Director for Law and Policy Advocacy and Analysis: Journalism in Uganda CoE Council of Europe 5 32 21 Making Headway: Myanmar’s Media Laws 39 Consultation and Collaboration: DNS Domain Name System A YEAR OF FIRSTS Protest in Mexico Information in Tunisia Paddy Coulter, Chair of the Board ECOWAS Economic Community Of West African States 22 Mind the Gap! Iran’s Human 39 Breaking the Silence: FLEPS Frente por la Libertad de Expresión y la Protesta Social Rights Defenders in the Diaspora Obstetric Fistula in Senegal FoE Freedom of Expression 22 Giving Human Rights a Sporting 6 40 Information in Drought: Chance: The European Games in GCHQ Government Communications Headquarters (UK) The Right to Water and RtI in Brazil Azerbaijan gTLDs generic Top Level Domains THE EXPRESSION AGENDA Thomas Hughes, Executive Director 40 Information is Empowerment: HRD Human Rights Defender Lowering Barriers in Lebanon ICANN Internet Corporation for Assigned Names and Numbers 23-28 33-36 ICT Information and Communication Technology 7-8 IETF Internet Engineering Task Force IRTF Internet Research Task Force OUR THEORY OF CHANGE 41 DIGITAL LGBTQI Lesbian, gay, bisexual, transgender, queer, and intersex PROTECTION DONORS AND MDGs Millennium Development Goals FINANCIAL SUMMARY MoU Memorandum of Understanding 9-11 Mx English-language honorific for use alongside Mr, Ms, etc; does ARTICLE 19 AT THE not indicate gender UNITED NATIONS 24 Shifting the Discourse: Human 34 A New Charter of Rights: 42 Rights and Internet Infrastructure Bloggers in Bangladesh NGO Non Governmental Organisation CONTACT US 25 Amenable to Amendment: 34 Direct Engagement: Legal OHCHR Office of the High Commissioner for Human Rights 12 Bangladesh’s ICT Law Protection in Honduras OSCE Organization for Security and Co-operation in Europe RESEARCH AND REPORTS 25 Leading the Pack: Brazil and the 35 Law and Order in Mexico: RtI Right to Information Marco Civil Justice for Pedro Canché SDG Sustainable Development Goal 26 Stuck in the Middle: 35 Holistic Support: UN United Nations 13-14 The Manila Principles Journalists in The Gambia UNESCO United Nations Educational, Scientific and 27 Cybercrime and Censorship: 35 Blazing a Trail: Myanmar’s Cultural Organization LAW AND POLICY Pakistan’s Electronic Crimes Bill Censored Gender UN HRC United Nations Human Rights Council 27 Amnesia Online: 36 Freedom for five of Ethiopia’s UPR Universal Periodic Review 15-16 Russia’s ‘Right to be Forgotten’ Zone 9 Collective URG Universal Rights Group 28 Throw the Dice: Online Safety 36 Safe Spaces for Women: WSIS World Summit on the Information Society GLOBAL TRAINING IN 2015 in Iran Tech-forward Training in Brazil and Mexico ISBN: 978-1-910793-32-9 36 See No Evil: Impunity on Film 1 2 2015: BRIGHT SPOTS IN THE DARK BRIGHT SPOTS IN THE DARK A REVIEW OF THE YEAR by David Kaye, United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 2015: a terrible year for freedom of expression, and not merely for the idea or the right, but for named and nameless FIRST, THERE REMAINS SECOND, THERE REMAINS THIRD, THERE REMAINS individuals worldwide. It began with the murders at the offices of Charlie Hebdo in Paris, bringing to Europe what we had seen in 2014 with the ISIS murders of journalists in Syria and northern Iraq. For journalists, the situation was dismal, POWER IN POWER IN POWER IN with both well-known and obscure reporters, editors, columnists and cartoonists threatened, assaulted, detained, and murdered around the world. And, as always, few were held to account for violations of the fundamental human right to LITIGATION PUBLIC EXAMPLE free expression. The East African Court of Justice, a ADVOCACY Tunisia, in the face of terrorism and Consider just a few of the year’s violations: surveillance dominated the Russian media used the threat of terrorism to suggest relatively new court based in Arusha, massive social and political change, Saudi Arabia sentenced a poet to death environment, online and offline. Egypt new restrictions on expression; or, in the upheld the rights of journalists in Burundi Several examples strike me from the has brought together many stakeholders and flogged a liberal blogger, while its imprisoned journalists and defenders in case of France, to actually impose new to protect the identities of their sources, past year. For one, the final statement to create substantive protections adversary Iran detained journalists, writers, unprecedented numbers. The Gambia laws which pose real and direct threats to and found that the country’s criminal of the World Summit on the Information for journalists, online and offline. and defenders. Mexican journalists faced continued to detain journalists and put public debate. defamation law was inconsistent with Society (WSIS+10) preserved the multi- Civil society activists in South and threat after threat in the context of a pressure on civil society. Turkey blocked international law. The Indian Supreme stakeholder principle underlying global Southeast Asia are not only building catastrophic drug war. Azerbaijan kept up and censored Twitter, Pakistan continued Court struck down Section 66A of the Internet governance, the result of strong connections among themselves, but its systematic harassment of journalists to ban YouTube, and Thailand considered In this light, it would seem paradoxical, Information Technology Act on the partnerships between key civil society they are creating advocacy campaigns in and human rights defenders working walling off its access to the global Internet. perhaps even wrongheaded, to suggest grounds that it impermissibly restricted and governmental actors. In the USA often very difficult environments. Several to highlight high-level corruption. The We could go on like this for pages. a few bright spots in the global efforts the freedom of speech, which the Court and the UK, the public advocacy for countries are stepping up to support president of Ecuador exercised his power to defend and expand freedom of called “a cardinal value that is encryption – a sophisticated effort to expression as a central foreign policy goal, to harass and demean bloggers and civil Even those states that typically guard expression. But I would like to do that, of paramount significance.” combine human rights with economic and foundations are putting renewed society. Bangladesh did little to protect freedom of expression jealously – if not because although freedom of expression and security arguments – has put energy into protecting freedom online its numerous bloggers murdered for their zealously – considered or adopted laws is under assault around the world, we Litigation is not a cure-all, to be sure. governments on the defensive. and off. humanist and atheist writing. Dozens of that, if implemented, could put extreme can identify moments of hope and ideas For one thing, courts do not always favour Furthermore, ARTICLE 19 and the US rights-defending lawyers were detained – pressure on the privacy we often rely for the future regarding the support of freedom of expression, as the European Government hosted an event at the 29th just a part of the ongoing pressure China upon to enjoy free expression. France, those seeking to exercise their Article 19 Court of Human Rights’ decision in Session of the Human Rights Council on places on civil society. Propaganda and the UK and the USA have increasingly rights. Delfi v Estonia – which puts pressure on artistic freedom of expression, a powerful intermediaries – is likely to have negative panel that both captured a too-often- impacts on independent media in Europe overlooked crisis and gave momentum for years to come. Nonetheless, there to work around this issue. is power in law and legal process, and we should continue to buttress efforts to shape law and policy through the courts. The coming year will, no doubt, pose continuing challenges to freedom of expression. By thinking strategically and acting tactically, supporters of free expression – led by ARTICLE 19 and other key actors in civil society – can help change the trajectory, and reaffirm the fundamental rights to hold opinions and seek, receive, and impart ideas and information of all kinds, through any media and regardless of frontiers. Photo: Press Association Images 3 4 MESSAGE FROM THE CHAIR MESSAGE FROM THE EXECUTIVE DIRECTOR A YEAR OF FIRSTS THE EXPRESSION AGENDA Paddy Coulter, Chair of the Board Thomas Hughes, Executive Director 2015 was the worst of times, but, in some ways, 2015 was also the best of times. It was a year when human rights organisations ARTICLE 19’s vision is a world in which all people can speak freely, actively engage in public life, and express themselves without like ARTICLE 19 stepped up their efforts to confront often disturbing challenges and, as the contents of this report attest, were able fear or discrimination.
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