Americas: Strengthening freedom of expression and safety of journalists

To strengthen the participation of different stakeholders from the Americas in the Universal Periodic Review (UPR) and freedom of expression, the safety of journalists, and access to information, UNESCO and Special Rapporteur on Freedom of Expression of the Inter-American Commission on Human Rights (RELE, in Spanish) have started a 6-month partnership. 

In his address, Pedro Vaca Villarreal, Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights said, ‘The efforts for the promotion and protection of freedom of expression at the regional and the universal levels should be fully harmonized. This partnership between RELE and UNESCO aims at building that bridge and ensuring that human rights mechanisms are successfully coordinated in the field’. On her part, UNESCO’s Assistant Director-General for Communication and Information, Tawfik Jelassi said ‘In a context of growing attacks against journalists and freedom of expression globally, improving the engagement with regional human rights mechanisms is a way of ensuring that all regions work towards an environment conducive to the full respect of freedom of expression with one voice’, 

Digital topics in Samarkand Declaration

Digital topics feature in 16 out of 120 points in the Samarkand Declaration, adopted on 16th September 2022 at the Summit of the Shanghai Cooperation Organisation. The main focus is on the security, economic, and governance aspects of digitalisation.

You can consult annotated analysis for the Samarkand Declaration.

Samarkand Declaration is dominated by the security issues. Heads of states invited for the cooperation in international information security, and reiterated the central role of the UN in countering threats in the information space, creating a safe, fair and open information space, with respect of principles of state sovereignty and non-interference. Member states were “categorically against the militarization of the ICT sphere”, in support of development of universal rules, principles and norms of responsible behavior of states (discussed by the UN Open-ended Working Group, although no direct reference to the group was made). In terms of internet governance, Declaration emphasised “equal rights of all countries to regulate the Internet and the sovereign right of States to manage it in their national segment”.

Declaration also invited for a comprehensive international convention on combating the use of ICTs for criminal purposes under the auspices of the UN (currently discussed by the UN Ad-hoc Committee on cybercrime, although no direct reference to it was made). In practical terms, states called for enhanced law enforcement cooperation aimed at protecting human rights and countering contemporary challenges including the criminal use of ICTs, as well as practical cooperation on law and justice and forensic science.

Threat posed by terrorism, separatism and extremism in all forms, including the spread of such messages and the recruitment of youth, were particularly emphasised. SCO heads invited for the adoption of a Comprehensive Convention on Combating International Terrorism, with the key role played by the UN.

Samarkand Declaration also focused on international trade. It called for promotion of an open global economy, opposing protectionist measures and trade restrictions, and strengthening the effectiveness of the World Trade Organisation (WTO). Of particular relevance for SCO states is strengthening cooperation on e-commerce, to increase employment.

Digitalisation, infrastructure development and technology innovations were also addressed. Declaration suggested that the creative economy could become one of the components of developing the SCO’s innovative potential. Some of the practical measures included strengthening the scientific and technological cooperation and potential of technoparks, developing the innovation ecosystem, conducting joint research, and implementing projects in field of digital, innovative and energy-saving technologies, agriculture, finances and health including telemedicine. To support this, competitive technological infrastructure is required, and cooperation in the field of digital learning in view of the trends of the world economy in the era of digital globalization.

Teenage girl jailed in Bangladesh over Facebook post released

In October 2020, in Dinajpur, Bangladesh, Dipti Rani Das, a Hindu minority teenager girl, was arrested under Bangladesh’s Digital Security Act, 2018 over a Facebook post that contained a photograph of a woman keeping the Islamic holy book Quran in between her thighs.

In a publication by Amnesty International, Dipti Rani Das, was granted bail on 17th February 2022 and released from detention on 15th March 2022. In its annual country report of 2021, it documented severe human rights violations committed by Bangladeshi security agencies and called on Bangladesh’s government to urgently repeal or substantially amend the 2018 Digital Security Act and end the crackdown on people’s right to freedom of expression online.

Nepal; Online video license a threat to freedom of expression

Earlier this year, Nepal’s government passed amendments to the National Broadcasting Regulation to regulate online videos. The change was brought about after a rise in complaints filed over sensationalist YouTube videos deemed to be tarnishing the image of public figures and officials.

In these new amendments, any person wanting to post a video online must first purchase a license for 500,000 rupees, an equivalent of $3,900. These efforts by the government to regulate the digital sphere are raising flags with media and legal analysts.

If the minimum monthly wage for a journalist in Nepal, which has set limits for professions, is 25,000 rupees equivalent to $313, then, the new ruling will make communicating online — both for journalists and online users — prohibitively expensive, said the media watchdog Reporters Without Borders.

While speaking to VOA, Binod Dhungel, an independent journalist and correspondent for RSF in Nepal, said, ‘If implemented strictly, it will have a severe impact on freedom of expression, freelancers and [the] public’.

NCPWD partners with NCC for digital interventions on smooth communication for Persons with disabilities

The management team of the National Commission for Persons With Disabilities (NCPWD), led by the Executive Secretary, Mr. James David Lalu, made a courtesy call to the National Communication Commission (NCC) and met with the leadership. In his address, Mr. Lalu stated the urgent need to incorporate the communication needs of PWDs across the country.

In campaigning for inclusivity for Persons with disabilities, Mr. Lalu suggested using Video- Relay Service (VRS). ‘This will be of tremendous benefit to persons with hearing issues if introduced. This service, though, requires a considerable portion of data for it to be quite effective but, he said, ‘will also help solve the challenges of 3rd party interference on privacy rights of the Deaf persons. Sometimes the call center or customer care tries to reach a deaf but, but he can only see the call without being able to respond to the conversation from the caller’ he pointed out.

European Commission adopts a novel set of rules to protect media pluralism and independence

The European Commission has adopted the European Media Freedom Act. The proposed Regulation includes safeguards against political interference, independence, and stable funding of public service media, transparency of media ownership, allocation of state advertising in editorial decisions, and against surveillance.  It also sets out measures to protect the independence of editors and disclose conflicts of interest. 
The Act will address the issue of media concentrations and create a new independent European Board for Media Services, comprised of national media authorities.

Ms. Věra Jourová, Vice-President for Values and Transparency, said: ‘We have seen over the past years various forms of pressure on the media. It is high time to act. We need to establish clear principles: no journalist should be spied on because of their job; no public media should be turned into a propaganda channel. This is what we are proposing today for the first time ever: common safeguards to protect media freedom and pluralism in the EU’. The Commission also adopted a complementary Recommendation to encourage internal safeguards for editorial independence.

 Freedom of expression is not absolute, Ghanaians told

The President of the Ghana Bar Association (GBA), Mr. Yaw Acheampong Boafo while addressing the 2022 Bar conference in Ho, Ghana, reminded the participants that freedom of expression as guaranteed and protected under the 1992 Constitution is not absolute. 

He explained that ‘the constitution attaches a corresponding and even a greater deal of responsibility and circumspection to freedom of expression, hence the media and for that matter Ghanaians should not hide behind such a right to violate the legal interests and rights of other citizens and of society or the national interest or public order’.

Article 12 (2) of the 1992 Constitution states that; ‘Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter but subject to respect for the rights and freedoms of others and for the public interest’.

Digital Equity: Lawmakers Urge Action on Accessibility

Attorney General Merrick Garland through the U.S. Department of Justice (DOJ) received a letter from thirty-two House Democrats, to request the department address digital accessibility issues by making regulations and other administrative actions well known. In the letter, the Democrats addressed the recent DOJ’s issuance of guidance; the March 2022 Guidance on Web Accessibility, and the Americans with Disabilities Act. It is noted that while the DOJ issued an Advanced Notice of Proposed Rulemaking in 2010 to increase clarity in ADA regulations, the notice was withdrawn in 2017 by the Trump administration and a proposed rule was never issued.
While the DOJ has stated that the Americans with Disabilities Act does apply to digital spaces like websites, there is currently a lack of specific requirements or compliance standards in regulation. The Democrats behind the letter believe DOJ needs to take further steps to improve website accessibility. The letter states that access to digital services for persons with disabilities ‘is not simply a luxury or convenience, but a necessity’.

Senator Ras Adiba calls for an inclusive financial system for PwDs

Senator Datuk Ras Adiba Radzi has called for regulations to be introduced for a more inclusive financial system that would include Persons with Disabilities (PwD) and allow them to perform banking transactions. Adiba Radzi, said in a statement that shifting to online and mobile channels could help to improve financial accessibility for PwDs for example by removing the need to visit a physical location.

‘Most banking industries do not provide sufficient digital accessibility to PwDs and fail to meet the standards of Web Content Accessibility. I urge the government to introduce and implement Inclusive Financial Policy: Web Content Accessibility to tackle issues that occur among the PwD community’, she said ‘this includes building infrastructure and banking services that are disabled-friendly for customers with physical, mental, sensory, intellectual, and multiple disabilities’.

‘Disability issues are a cross-cutting issue that needs to be handled in a comprehensive and multi-sectoral manner. It takes a strong commitment from various parties to realise financial inclusion in Malaysia. To improve, we need to be willing and able to measure ourselves and see where we are falling short. Many organisations are working to improve diversity and inclusion in many sectors. We need the Finance Ministry’s help to solve the myriad challenges facing us today and tomorrow’, she said.

Bill on regulating internet content, paused

After the National Communications Commission (NCC) announced the postponement of the fourth and final public hearing of the digital intermediary service bill draft, in the month of August, the Vice Chairperson and spokesman Wong Po-tsung (翁柏宗) said there was ‘no timeline for reintroducing a draft bill to regulate the content of online platforms’ adding that the agency was back to square one following a public outcry over its original proposal. He said that ‘the commission would review and further research some of the controversies that have been raised in the proposed bill and would focus more on platform accountability and user protection among other issues’.