D. Freedom of opinion and expression and of information
42. States should review legislation concerning freedom of opinion and expression
and should repeal or amend any provisions that do not comply with relevant international human rights standards. These include provisions that impose undue
restrictions for reasons of national security, public order and public health or morals beyond what is permissible under international standards. Laws or regulations
that impose specific limitations on the exercise of the right to freedom of opinion
and expression by certain groups or professions, such as members of the armed
forces or public servants, should also be reviewed to ensure their full compliance
with international standards, i.e., that they fully meet the strict requirements of
necessity and proportionality.
43. States should eliminate any vaguely-worded provisions in anti-terrorism or other
national security legislation that may be open to arbitrary application in order to
threaten, silence or imprison human rights defenders. They should also eliminate
legislation that, for example, effectively prohibit advocacy against discrimination
and intolerance; criminalize criticism of or disrespect for the government and public officials, as well as disrespect for state institutions or symbols; and other legal
provisions that do not meet the strict requirement of necessity and proportionality under international law. They should respect that dissenting views may be
expressed peacefully.
44. Similarly, criminal defamation laws should be repealed. Defamation and similar
offences – including those committed online – should be dealt with exclusively
under civil law. Criminal liability, including prison sentences, should be excluded
for offences regarding the reputation of others such as libel and defamation. Civil
laws regulating speech offences should not provide for disproportionate financial
penalties or other undue requirements that would lead to self-censorship, endanger the functioning of or lead to the bankruptcy of an individual or media outlet.
Access to information of public interest and whistleblowers
45. States should not impose undue limitations on the dissemination of information
that in practice prevent human rights defenders from carrying out their work or
providing services to their beneficiaries.
46. Furthermore, states should adopt and implement freedom of information legisla-
tion that provides for effective and equal access to official documents, including by
human rights defenders. They should also take proactive measures to ensure that
the general public is aware of the existence of such legislation, its entitlement to
access official documents and the specific procedures to request access.
47. Laws, regulations and practices concerning state secrecy should be reviewed and,
where necessary, amended, so as to ensure that they do not unduly restrict access
to information of public interest, including information relevant to past and present human rights abuses and crimes.
Guidelines on the Protection of Human Rights Defenders
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents