A report published by the Commonwealth Human Rights Initiative (CHRI) on Tuesday found that national laws in many Commonwealth member countries severely impede press freedom and unduly restrict the right to freedom of expression.
A press release stated that the CHRI, the Commonwealth Journalists Association (CJA) and the Commonwealth Lawyers Association (CLA) called on member states to urgently repeal “laws that criminalise legitimate public speech” and take decisive action to protect media workers and watchdogs from violence and intimidation.
“The report Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth finds that criminal provisions for speech offences, including defamation and sedition, as well as violations of national security laws, are arbitrarily applied to intimidate and silence journalists, human rights defenders, and government critics,” the press release read.
“A key objective, the authors argue, must be to decriminalise defamation laws in 41 Commonwealth countries — many of which permit long prison sentences.”
According to the press release, the report is based on analyses of national legal frameworks and draws on testimonies from over 30 senior journalists and 35 lawyers across Africa, Asia, the Americas and the Caribbean, Europe and the Pacific regions.
The report concludes that the Commonwealth’s past inaction has “contributed to the serious and persistent challenges to the protection of freedom of expression and the rule of law in some member countries”.
The report urges the secretariat and member states to act resolutely, together with non-governmental organisations, to ensure observance of the 11-point Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance adopted by Heads of Government in Samoa.
“These media principles call on governments to create a safe and enabling environment for media workers, and to review and consider amending unduly restrictive domestic laws that inhibit free speech both online and offline,” the press release read.
According to the press release, the report found that 213 journalists were killed in 19 Commonwealth countries between 2006 and 2023, and in 96 per cent of cases, the perpetrators were not brought to justice, according to Unesco figures.
It also found that 41 Commonwealth countries maintain criminal penalties for defamation; 48 retain laws related to sedition; and 37 have legislation regarding blasphemy, the press release stated.
“The Commonwealth Ministerial Action Group (CMAG) is urged to fulfil its mandate to address systematic constraints on civil society and the media,” the press release read. “The CMAG should be reformed and supported by a Commonwealth Envoy on Freedom of Expression.”
The CHRI, CJA and CLA urged member states to develop action plans with state and non-state actors to accelerate the repeal of criminal legislation for speech and anti-state offences in line with international best practice.
“Collaborate with civil society and international human rights organisations, including UNESCO, to monitor and support the implementation of the Commonwealth Media Principles,” the three bodies urged, requesting that members prioritise the protection of civil and political rights.
As part of its recommendations, the report urged the following:
Strengthen legal frameworks
- Align national legal frameworks with international human rights standards. Any restrictions on freedom of expression should comply with international human rights law
- Ratify and implement international treaties, including the International Covenant on Civil and Political Rights (ICCPR)
- Enact robust right to information legislation
- Enact appropriate defences to defamation laws.
Promote judicial independence, due process guarantees, and access to justice
- Strengthen judicial independence
- Combat impunity
- Ensure access to effective remedies and that due process and fair trial guarantees are clearly set out in law and respected in practice
- Adopt anti-Slapp (Strategic Lawsuit Against Public Participation) measures
Ensure media pluralism and protect digital rights
- Establish and maintain independent media regulatory and oversight bodies
- Promote media pluralism
- Refrain from imposing internet or communications shutdowns or censorship of critical voices
- Support digital literacy
- Ensure online platforms abide with their human rights responsibilities
Protect journalists and foster a vibrant civil society
- Protect journalists by strengthening national legal frameworks to address journalists’ safety and access to justice
- Create an enabling environment for journalists and for civil society organisations
- Establish safeguards against surveillance and intimidation of journalists.
- Take special measures to protect disproportionately targeted groups, including women journalists
- Support global and regional civil society initiatives
- Protect freedom of association
Establish and strengthen accountability mechanisms
- Strengthen the CMAG
- Strengthen and adequately resource the Commonwealth Secretariat
- Establish a Commonwealth Special Envoy on Freedom of Expression
- Engage with international and regional human rights institutions and mechanisms
- Join and engage with the Media Freedom Coalition
“Too many Commonwealth countries continue to enforce colonial-era laws that criminalise speech and silence dissent, in clear violation of their international obligations,“ Sneh Aurora, Commonwealth Human Rights Initiative director, was quoted as saying.
“The media principles adopted by [the] heads of government in Samoa provide a timely opportunity for member states to take concrete steps — through law reform and institutional safeguards — to protect freedom of expression and align national laws with international human rights standards.”
William Horsley of the CJA said: “The almost complete failure of Commonwealth countries to prosecute and punish those responsible for the killings of over 200 journalists in 20 years is shameful.
“This culture of impunity must be swept away. A genuine Commonwealth engagement to protect the truth-tellers from threats and reprisals would give the organisation a vital new sense of purpose at a time when the concept of truth is under fierce attack.”
