Global Toolkit for Law Enforcement Agents: Freedom of Expression, Access to Information and Safety of Journalists

"Law enforcement agencies are often faced with many challenges to balance the right to freedom of expression with the imperative to maintain public order."

This toolkit is intended as a resource for law enforcement agencies (LEAs) and police training academies across the world to improve officers' understanding of issues related to freedom of expression, access to information, and safety of journalists, and how to apply them in complex situations. It was produced by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as part of its global training programme for police officers and journalists on how to develop professional relationships in order to ensure media safety and support freedom of expression.

As explained in the toolkit, LEAs are increasingly faced with situations where they need to balance the right to freedom of expression with the imperative to maintain public order. "During turbulent times, they have had to manage public safety issues around elections, natural disasters and public health emergencies, and facilitate respect for freedom of expression and the right to peaceful assembly. Political, social and economic circumstances have increasingly encouraged unrest amongst the public, placing officers in often difficult situations. Against this backdrop, journalists and their freedoms are increasingly threatened. Over the last 12 years, 1,088 journalists have been killed for their work or while on the job. In the first half of 2022 alone, 45 media professionals have been killed. In response, governments and law enforcement agencies have had to examine their ways of dealing with public order issues, working with journalists and communicating effectively with the public."

The toolkit makes the point that "Even in consolidated democracies, police and law enforcement officials often lack adequate knowledge and tools, to effectively communicate with the media, and to investigate attacks and crimes against freedom of expression. With the rapid advancement of digital technologies - such as Artificial Intelligence, Facial Recognition Technology and surveillance tools - the balancing of public order duties and ensuring respect for the right to privacy and free expression, becomes even more challenging."

The seven modules in the toolkit are designed to give officers and trainers a better understanding of how to equitably balance their public safety and order duties while enabling freedom of expression and its associated freedoms, through better communication, provision of information, support for the legal process, and efforts to enable journalists to work safely. The modules, which provide definitions, case studies, and activities, are as follows:

• Module 1: Democracy, the Law and Freedom of Expression - This module outlines the international legal framework underpinning the right to freedom of expression, its key characteristics, and the state obligations to protect this right, notably through the rule of law. But it also underlines where the legitimate limits of this right lie. It aims to enable officers to critically and pragmatically understand the parameters that underpin principles relating to their role in this regard. Further, this module looks at contemporary issues, such as the COVID-19 pandemic, disinformation, and rapidly advancing digital technologies, which are impacting the fine balance between public order and fundamental rights.
• Module 2: The Media, its Freedom and Safety of Journalists - This module enables officers to understand the nature of journalism as a prime driver of the media. Yet, as is shown, journalists are increasingly far from free to serve the public interest; rather, they are threatened, from several quarters, in this pursuit, both online and offline. Their safety is often compromised, and they find themselves in harm's way, not least, but not exclusively, in public order situations. Women journalists are especially prone to such dangers. While identifying specific threat mechanisms, the practical matters of LEAs preventing such harm and the need, in certain cases, to protect journalists are raised.
• Module 3: Communicating with the Media and Public - This module looks at mechanisms through which LEAs can improve their public communications and provide necessary information to the media. It seeks to promote the need to develop working relationships with the media for their mutual benefit and highlights the skills required of communications officers.
• Module 4: Communication and Facilitating Coverage in Public Safety Crises - In situations of conflict, terrorism, disaster, major incidents, or severe public disorder, where public safety is a primary concern and public order is threatened, the media is often a significant and necessary conduit for information for the public. In such situations, emergency powers may be invoked, which often by necessity impinge on freedom of expression. Nonetheless, the way LEAs establish mechanisms to work with the media in such circumstances is crucial. This module examines command and control structures and communication priorities designed to enable effective media relations in order to ultimately serve the public in times of duress.
• Module 5: Communicating and Facilitating Coverage of Political Events and Elections - This module examines the principles of neutral, accountable, and transparent law enforcement, as well as practices that can assist LEAs in facilitating public assembly, participation, and elections, including effective media coverage and monitoring of the democratic process.
• Module 6: Enabling the Judicial Process, Investigations and Their Scrutiny - LEAs have a major role in supporting the judiciary by providing the necessary, legally acquired, evidence for prosecution and are also required to physically protect the rights of those entangled in the justice system (e.g., whistleblowers, sources, victims, witnesses, or the accused). This module looks at practices enabling LEAs to: allow access to the courts; deny it where legally justifiable and necessary; understand the limits of interrogation and intelligence regarding journalists and their sources; and effectively investigate crimes against journalists.
• Module 7: Access to, Release of and Withholding Information - This module addresses issues around information: what should be made available and under what circumstances; what is protected data and what is not; where can and cannot journalists have access to obtain information; what and why certain material may be seized as evidence and what may not; where should privacy be protected and where may it be breached; and the legitimate limits to information-gathering and surveillance during public assemblies.