Unesco warns that these sanctions, often of a criminal nature, seek to intimidate independent media with disproportionate punishments
Unesco warned today about the growing use of complaints for alleged defamation as a weapon to restrict the freedom of expression and the work of journalists, a trend that could be helped by the introduction of new laws to control disinformation and cybersecurity.
In a report titled “The Use of the Judicial System to Attack Press Freedom,” the United Nations Educational, Scientific, and Cultural Organization lamented the rise in “strategic lawsuits against public participation” (known for their acronym SLAPP), a practice that is favored by the laws that classify defamation as a criminal offence.
“The use of legal proceedings against journalists covering issues of public interest is a growing trend around the world. Powerful individuals, corporations and government personnel have adopted this tactic in recent years to harass and silence independent journalists”affirms in the document Pádraig Hughes, legal director of the defense of the Unesco media.
“The global campaign to decriminalize defamation, which was gaining traction a decade ago, is now suffering a setback, including with countries that are reintroducing the criminalization of defamation”summarized Unesco in a statement.
This international organization currently counts 160 countries where defamation is a criminal offensecontrary to what is recommended by international standards, which advocate that this type of conflict be resolved by civil means.
online practices and proliferation of Fake news has also caused many countries to toughen their penal measures, a circumstance that “frequently” leads to “disproportionate damage” and a “disturbing effect” on freedom of expression and the work of journalists.
“At least 57 laws and regulations adopted or amended since 2016 in 44 countries contain very vague language or disproportionate punishments”specified the statement presenting this new report.
UNESCO also warned that, in addition to the multiplication of complaints with the aim of silence certain topics and intimidate the pressis concerned about the practice known as “forum shopping” (forum of convenience), consisting in which the complainant selects the court most prone to a favorable ruling, regardless of the connection between the nature of the facts and the jurisprudence.
Both strategic lawsuits and the choice of a convenient forum seek to overwhelm the defendant, not only with potential criminal sanctions but also with the high legal and psychological costs.
The problem occurs in all regions of the world, since most nations criminalize defamation.
In Africa, 39 of the 47 countries studied do so; in Asia-Pacific 38 of 44; in Central and Eastern Europe 15 out of 25; in Latin America and the Caribbean 29 of 33 and in Western Europe and North America 20 out of 25.
“It is recommended that states eliminate laws criminalizing defamation and replace them with appropriate civil legislationin line with international standards,” UNESCO recommended, recalling that giving legal and judicial support to the press is of vital importance for it to continue its work.