The Commonwealth Human Rights Initiative website
[This article is from The Commonwealth Journal of International Affairs and Policy Studies.]
The adoption of the Principles on Freedom of Expression and the Role of the Media in Good Governance by the Commonwealth Heads of Government at its recent summit in Samoa represents a pivotal moment in addressing the widespread suppression of free speech and the continuing harassment of journalists across many Commonwealth jurisdictions. According to UNESCO, in Commonwealth countries alone, 178 journalists were killed between 2006 and 2020. Furthermore, the impunity rate for the killings of journalists during that same time was 96% – notably higher than the global impunity rate of 87%.
The Principles on Freedom of Expression, initially championed by civil society in 2018, are not just symbolic, they provide a comprehensive framework for the protection of free expression and media freedom as an essential foundation for the rule of law and democratic governance. However, for the Principles to make a real difference, Commonwealth governments must move beyond mere adoption and take practical and effective steps to implement them.
The eleven principles aim to achieve the following major objectives:
Strengthened Legal Frameworks: These Principles provide a clear mandate for Commonwealth countries to review and reform national laws that unduly restrict freedom of expression. This includes prioritising the repeal of criminal defamation laws and the amendment of overly broad national security measures and cyber security measures which are being weaponised in many countries against journalists and activists. The Principles state that any restrictions on freedom of expression must meet the international human rights law standards of legitimate purpose, legality, necessity and proportionality.
Better Protection for Journalists: The Principles require that member states put in place effective laws and measures to establish a safe and enabling environment for journalists to work in without fear of violence, intimidation, or reprisal, both online and offline. Commonwealth countries are encouraged to adopt strong and enforceable protections for journalists and media workers to ensure their safety at all times, and especially in situations of conflict. The Principles say member states should act decisively to end impunity by bringing to justice those responsible for attacks on journalists and should implement the UN Plan of Action on their safety.
A Partnership Role for Civil Society: The Principles affirm the crucial role of civil society in promoting and supporting Commonwealth values and principles. They offer a benchmark against which to monitor government actions and existing legislation. Civil society organisations – whether media watchdogs, human rights groups, or journalists’ associations – will be able to use the Principles to raise awareness of violations and to advocate for legal reforms. Civil society organisations have been actively involved in developing the Principles and seek to work with governments in a spirit of partnership to create a transparent and inclusive environment for advocacy and oversight.
Good Governance and Democracy: Free and independent media are essential for good governance, transparency, and democratic accountability. The Principles underline the importance of freedom of expression as the foundation of other freedoms and the vital role that independent judiciaries, parliaments, and legislatures play in upholding it. The Principles highlight the critical role of the media in holding governments to account, subjecting public officials to scrutiny, and ensuring that the public are informed and engaged. Member states are also urged to enact Freedom of Information legislation in line with international standards and to promote the free flow of information and ideas, so that citizens can participate fully in democratic processes.
Increased Accountability: To ensure the observance of these Principles, Commonwealth governments are encouraged to set up and support independent and accountable oversight bodies free from political and commercial interference or influence to monitor and address violations of media freedom. Many member states already have commissions to regulate elections, human rights and telecommunications, though fewer have regulators of broadcasting or the media. The Commonwealth Ministerial Action Group (CMAG) was given authority in 2011 to monitor freedom of expression and the state of the media in member states but has not so far commented on any matter of concern in any country. With the adoption of the Principles, civil society will be looking to the Commonwealth to strengthen existing mechanisms for monitoring violations of media freedom and to play a more active role in raising standards where required.
The adoption of the Principles on Freedom of Expression and the Role of the Media in Good Governance is a significant step forward, but it is only the beginning. The Principles offer a vital foundation for building a more transparent, accountable, and democratic Commonwealth. By addressing the legal and institutional barriers to freedom of expression and media freedom (see, in this context, the Commonwealth Human Rights Initiative’s recent report Who Controls the Narrative? Legal restrictions on Freedom of Expression in the Commonwealth), the Principles offer a pathway for protecting the rights of the ‘truth tellers’ and ensuring that freedom of expression remains a cornerstone of good governance within the Commonwealth. But this foundation will remain fragile unless governments move from commitment to action, ensuring that these Principles result in meaningful change.
Sneh Aurora is the Director of the Commonwealth Human Rights Initiative.
Related articles:
Media Freedom in the Commonwealth: Making the Commitments Real
