Event Highlight: Protecting the Right to Freedom of Expression in a Complex World: International and Regional Challenges

Event Title: Protecting the Right to Freedom of Expression in a Complex World: International and Regional Challenges

Location: American University Washington College of Law

Date: June 7^th, 2012.

Host Organization: American University Washington College of Law and Academy on Human Rights and Humanitarian Law

Speakers: Carlos Ayala, Christof Heyns, Jeroen Temperman

Moderator: Claudio Grossman

Website: http://www.wcl.american.edu/secle/summer/2012/20120607.cfm

Description:

The panelist’s respective arguments can be simplified three main points. First, identity and ideology matter to all people. One’s profession and beliefs indelibly shape one’s outlook and actions, no matter the culture. Second, when physical or ideological conflict arises, it can be challenging to protect the right to freedom of expression. Third, the rule of law is a powerful tool to provide protection and security for all groups. The World Justice Project’s Rule of Law Index ® factor 4.4 examines the extent to which freedom of opinion and expression is guaranteed. In 2011 the Index measured sixty-six countries, examining nine dimensions of the rule of law. 

Each speaker touched on a different, but interconnected element relating to the right of freedom of expression. Mr. Ayala spoke about the meaning and challenges of protecting the right. He defined the freedom of expression as the ability to act and speak without prior censorship and liability. He highlighted the progress and challenges in Latin and South America, interestingly noting that Brazil, an emerging world power, still sees violence against journalists. He continued to note that impunity for crimes against journalists is a major threat to society.  From the  2011 Rule of Law Index ® (by factor 4 of fundamental rights, not solely sub-factor 4.4 on expression), Mexico ranked 45th out of 66 countries, Guatemala 43, Colombia 42, Brazil 25, and Peru in 24th.

Professor Temperman, from the Netherlands, focused on how religion relates to freedom of expression. Identity and ideology were salient themes in his presentation. He posed questions as to whether journalists, politicians, or academics should have higher or lower protection for freedom of expression, depending on the level to which they speak for others. He then transitioned to discussing Holocaust denial cases. At this juncture, it became clear that freedom of expression cannot be a simply judged dichotomy between “good” and “bad” words or actions.  However, when do words and actions, as part of freedom and expression, become cases of inciting violence and defamation? The answer must be judged on a case-by-case basis. Article 10 of the European Convention on Human Rights addresses freedom of expression. To highlight how some European countries from The Rule of Law Index ®, Poland was ranked 4 out of 66, Germany 3, Netherlands 2, and Sweden had the highest ranking for fundamental rights among the countries measured.  

Mr. Heyns spoke more broadly about the safety of journalists. Like Mr. Ayala, he argued that accountability for violence against journalists, especially in disappearance cases or times of war, must improve. Prevention mechanisms are equally important tools to promote and ensure freedom of expression. He noted that there is no international treaty protecting journalists. Treaties serve as sources of binding international law. He suggested a declaration, which is not binding, but serves as a source of recognition to protect members of the media. Article 19 of The Universal Declaration of Human Rights refers to the freedom of expression.

The panel served as an important reminder that what we do and say is not ubiquitously protected. The freedom of expression is one barometer of the health of a society and country.  The World Justice Project’s The Rule of Law Index ® is one way of measuring that barometer.