Legal Standards on Freedom of Expression: Toolkit for the Judiciary in Africa

The exercise of the right to freedom of expression makes it possible to ensure a well-informed citizenry, to ensure openness and transparency, and to hold those in power to account. The judiciary is key to ensuring that states and other relevant actors meet their obligations to respect, protect, promote and fulfil the right to freedom of expression. The purpose of this United Nations Educational, Scientific and Cultural Organization (UNESCO) toolkit is to provide a theoretical and practical understanding of issues concerning the rights to freedom of expression, freedom of information, and freedom of the press. While designed particularly for judicial officers in Africa, the toolkit may be relevant to legal practitioners, policymakers, the media, and civil society organisations (CSOs), in Africa and elsewhere.

The toolkit is part of the implementation of the UN Plan of Action for the Safety of Journalists and the Issue of Impunity, adopted by the UN Chief Executives Board in 2012 and further recognised by the UN General Assembly in 2013. The Plan of Action emphasises protection of safety of journalists through the reinforcement of capacities of the judiciary and its knowledge of international and regional legal frame on freedom of expression.

The toolkit comprises 6 modules:

• Module 1 provides an overview of fundamental principles of international law, explains the importance of freedom of expression in enabling the enjoyment of other rights, sets out the key provisions on freedom of expression contained in international and regional instruments, and examines the developing norm regarding the right of access to the internet.
• Module 2 explores the legitimate restrictions on the right to freedom of expression, as provided for in law and interpreted through various court decisions.
• Module 3 sets out the legal frameworks regarding the right of access to information, with a particular emphasis on the important role that this plays in ensuring democratic political processes and sustainable development.
• Module 4 examines the safety of journalists and the issue of impunity, highlighting the physical risks that many journalists face in the pursuit of the truth.
• Module 5 explores contemporary challenges to freedom of expression that have arisen particularly through the exercise of the right online, and how existing legal frameworks can be applied online.
• Module 6 focuses on a gendered perspective of freedom of expression, providing insights on issues such as a gender representation in media professions and gender-specific threats to women journalists.

The toolkit has been designed to put theory into practice. To that end, the modules contain various assessments:

• Q&A: Each module contains a multiple-choice quiz that covers a range of topics dealt with in the module.
• Group activities: The practical activities are designed to facilitate discussion amongst the participants during in-person training sessions.
• Individual analysis: It calls on the user to consider and analyse the complexities of the issue, undertake independent research, and formulate an opinion.
• Resources: This list of both required and recommended reading is considered key to gaining a full understanding of the complexities and dynamics of the issues discussed in this training manual.