Goodea

GOODEARTH CONCLAVE 2024

UNITED NATIONS HUMAN

RIGHTS COUNCIL

Deliberating Upon The Right To Freedom Of Speech And It’s

Limitations On Grounds Of Law And Its
Impact On Freedom Of Press
 Letter from the Executive Board
Dear Prospective Members,

At the outset on behalf of the Executive Board, we warmly welcome all of you
and congratulate you on being a part of the United Nations Human Rights Council
simulation at GOODEARTH CONCLAVE 2024.

We believe that ‘study guides’ are detrimental to the individual growth of the
members since they overlook a very important aspect of this activity, which is -
Research. We are sure however that this background guide gives you a perfect
launching pad to start with your research. The Background guide would be as
abstract as possible and just give you a basic perspective on what the executive
board believes you should know before you begin your research.
This being clear, kindly do not limit your research to the areas highlighted, further
but ensure that you logically deduce and push your research to areas associated
with the issues mentioned.
The objective of this background guide is to provide you with a ‘background’ of the
issue at hand and therefore it might seem to some as not being comprehensive
enough.
We are not looking for existing solutions, or strategies that would be a copy-paste of
what countries you are representing have already stated; instead, we seek an outof-
the-box solution from you, while knowing and understanding your impending
practical and ideological limitations.
The onus is on you, members, to formulate a resolution that gives a fair
attempt and frame practical solutions for the impairment of treaties,
failing and showing no progress, crippled by political interest pushing
humanity towards the brim of war.
Wishing you all very warm good luck and hope to see you all at this conference
discussing imperative issues of international interest. We look forward to meeting
you all at GOODEARTH CONCLAVE 2024.

Warm Regards

Vimal Mishra
President Vice
President
 Proofs/Evidence In the Committee

While researching for the committee, keep in mind the credibility of the source you are
using. You can use all the sources for gaining information and studying different angles/
viewpoints, but non-credible sources won't be accepted by the Executive Board as proof
and supporting documents to your argument/ statement. Evidence/proof is acceptable from
the following sources:

1. News Sources:

A. REUTERS - Any Reuters article which makes mention of the fact or is in

contradiction of the fact being stated by a delegate in the council. (
http://www.reuters.com/ )

A. STATE OPERATED NEWS AGENCIES - These reports can be used in support of

or against the state that owns that news agency. These reports, if credible or substantial
enough, can be used in support of or against any country as such but in that situation,
they can be denied by any other country in the council. Some examples are:
i. RIA Novosti (Russia)
http://en.rian.ru/
ii. IRNA (Iran)
http://www.irna.ir/ENIndex.htm
i. Xinhua News Agency and CCTV (P.R. China) http://cctvnews.cntv

1. Government Reports:
These reports can be used in a similar way as the state-operated news agencies’
reports can, in all circumstances, be denied by another country. However, a nuance is
that a report that is being denied by a certain country can still be accepted by the
Executive Board as credible information. Examples are -

i. Government Websites like the State Department of the USA

(http://www.state.gov/index.htm ) or the Ministry of Defence of the Russian
Federation (http://www.eng.mil.ru/en/index.htm )

i. Ministry of Foreign Affairs of various nations like India

(http://www.mea.gov.in/ ), PRC (http://fmprc.gov.cn/eng/ ),
France (http://www.diplomatie.gouv.fr/en/ ), Russian
Federation (http://www.mid.ru/brp_4.nsf/main_eng )

i. Permanent Representative to the United Nations Reports

(http://www.un.org/en/members/) (Click on any country to get to the website of the
Office of its Permanent Representative)
iv. Multilateral Organizations like NATO
(http://www.nato.int/cps/en/natolive/index.htm), ASEAN
(http://www.aseansec.org/), OPEC (http://www.opec.org/opec_web/en/), etc.

1. UN Reports:
All UN Reports are considered credible information or evidence.

i. UN Bodies: Like the SC ( http://www.un.org/Docs/sc/), GA ( http://www.un.org/en/ga/),

HRC
(http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx), etc.

i. UN Affiliated Bodies like the International Atomic Energy Agency

(http://www.iaea.org/), World Bank (http://www.worldbank.org/), International
Monetary Fund (http://www.imf.org/external/index.htm), International Committee of
the Red Cross (http://www.icrc.org/eng.index.jsp), etc.

i. Treaty Based Bodies like the Antarctic Treaty System

(http://www.ats.aq/e/ats.htm), The International Criminal Court
(http://www.icccpi.int/Menus/ICC)

Under no circumstances will sources like Wikipedia (http://www.wikipedia.org/),

Amnesty International (http://www.amnesty.org/), Human Rights Watch
(http://www.hrw.org/), or Newspapers like The
Guardian
(https://www.guardian.co.uk/), Time of India
(https://timesofindia.indiatimes.com/), etc. be accepted as PROOF but may be
used for better understanding of any issue and even be brought up in debate if
the information given in such sources is in line with the beliefs of a Government.
 Research Guide for Beginners

Research is possibly the most intimidating yet most important part of preparing for any
Model United Nations conference. Without proper preparation, not only are representatives
unable to accurately represent their country’s position in a global scenario but they also
restrict themselves from gaining the most out of the memorable MUN learning experience.
A delegate’s aim at a MUN conference is to represent their country’s stand most faithfully
on a certain issue being debated and to do this, thorough research is needed. It goes beyond
retelling speeches of national leaders and requires a genuine understanding of national
policy, as only this can provide the foundation of role-playing at the MUN.
Here you will learn methods and tips for researching, understanding your country’s
perspective and policies, and writing your position paper using critical information

Three Levels of Research:

For any Model United Nations conference, your research should focus on a top-down
approach on three levels which goes from the general to the specific, although the areas will
naturally overlap on several occasions. The idea is to research each area thoroughly to
develop a proper understanding of your country and the issues that will be discussed.

The three levels are:

1. The UN system; 2.
Country Information and;
3. The Assisted Agenda.

1. The United Nations System

Interestingly, this is an area that is overlooked when researching for a MUN conference.
MUNs aim to recreate the United Nations and so it absolves to do so, you know what the
UN is, what it does, and how it functions and proactive participation in the simulation
requires a level of understanding of the United Nations organisation itself, regarding
structures, functions, and protocols.
The more conferences you attend, the less time you will find yourself spending on this
aspect, since the only new research required is if you are going to a committee, you’ve
never been on before.

It is important for delegates to familiarise themselves with:

● The UN Charter: https://www.un.org/en/charter-united-nations/index.html
● The history of the United Nations
● The main bodies and committees of the UN
● The functioning of your committee
● Your country’s history within the UN, its role, and reputation. Information on this can
be found on the websites of the permanent mission of the UN to your country.
● Recent UN actions about your country or the agenda – including statements, press
releases, publications, resolutions, etc.

Although there are countless publications and documents on the United Nations, the best
source to study about the United Nations is the UN itself. Below are a further collection
of useful links:
-www.un.org
● http://www.un.org/en/members/index.shtml
● www.un.org/Pubs/chronicle/online.html
● http://www.icj-cij.org/
- http://treaties.un.org/Home.aspx

1. Country Information

Build a knowledge base of your country - delegates must be aware of their assigned country’s
historical, geographical, political, economic, social, and environmental aspects. Build a
country profile on your government – what systems, ideologies, political parties, and leaders
represent your country? What is your country’s foreign policy and how is this affected by
important historical and domestic aspects? Who are your allies and your adversaries? What
other bilateral, regional, and international organisations are your country part of?
After building a basic profile, you must study your country’s broad stand on global issues,
particularly at the UN. Develop a basic understanding of your country’s voting pattern,
and its involvement in the UN – speeches given by leaders and delegates of your country
at the UN and resolutions/treaties it has been a part of.

● http://www.countryreports.org/
● http://www.un.org/esa/national.htm
● http://countrystudies.us/
● www.un.org/popin/data.html
● www.unausa.org
● http://www.un.org/en/members/
● http://www.gksoft.com/govt/en/

You may also wish to visit the national embassy of your country as it is the best source of
information and research for sources that are not as readily available. It is the best way to
get first-hand information on your country and where it stands on various issues. It could
also allow you to interact with a real diplomat from the country you’re representing, and
pick up tips on how they carry themselves and respond to questions.

3. The Assisted Agenda

This will form the bulk of your research – it will be what is used directly in committee
sessions. You will be informed of the agenda of issues to be discussed at the MUN by your
organizers before the conference.
A thorough study of the tabled topic for debate and discussion concerning your country, the
UN and the world as a whole will aid you in properly representing your country and
actively participating in the simulation. You will be provided a study guide for your
 assigned agenda by your MUN committee, which you should use as your starting point.
Within your agenda topic, the three areas that must be covered are:
a. A background and overview of the agenda topic and your country’s policy on it
b. Detailed information on important aspects of the topic
c. Broad information on where other main countries and blocs stand

A. Background

After the background guide, news articles relating to your topic can be a good place to find
a brief overview of the most recent developments. While only verified news agencies such as
Reuters and Al Jazeera are accepted by the committee, news and op-ed articles can provide an
entry point into deeper issues. However, you must be careful to look for writers’ biases on the
Internet in particular.
The next step is to look for resolutions and treaties that are relevant to the topic – the most
recent resolution from the UN Documentation Centre should refer to the documents most
central to your agenda.
You must then look into your country’s voting history on the matter, for indications of
action, inaction, presence, and absence, looking for changing policies and exploring their
causal factors. Statements explaining votes can be found in records on the UN website.

B. Details

Once your background research is done, you need to dive deep into the topic to understand
the primary aspects and try to logically ‘frame’ the agenda into main sub-headings of sorts,
under which all the important points can be organised. This can help you break down
complex agendas into neatly manageable chunks, and score brownie points if your frame is
accepted by the committee. It’s important to make a clear distinction between facts,
arguments based on those facts and opinions, particularly when reading on the Internet. At
this stage, sometimes as you’re framing the problems, you’re also coming up with
innovative solutions to put in the proposal. Looking up the implementation of past
resolutions is a helpful starting point, but op-eds, blog posts, local and international NGO
reports, think tank pa, pers and academic papers will likely be more useful in shaping your
ideas. Remember to focus on solutions that are politically, economically and sustainably
feasible.

A. Other Arguments

One of the most important lessons from MUNs is learning to accommodate differences – it
is important to be aware of the arguments and facts used by those holding the opposite
stand to yours. While as a delegate you are bound to espouse the views of your country,
individually your opinions can be shaped through the push and pull of opposing ideas.
Also, this research will help you logically counter the arguments put forth by radically
opposed delegations, and bring the committee around to your point of view.
In some conferences, delegates research countries other than their own in order to surprise
other delegates with allegations and throw them on the back foot. Needless to say, this is
not only undiplomatic but also entirely counter-productive to the cooperative purpose of the
conference. While it is important to be aware of the policies of other countries, antagonistic
behaviour can only harm the atmosphere of the committee and hamper consensus-building and
thus is discouraged. The most important part of research is being able to synthesise the data
you’ve found in an organised way and identify the key pieces of information, including facts
and figures, which you can use to illustrate and defend your position. If your country plays a
central role in the agenda topic, it becomes all the more important to be able to explain your
actions. Finally, all your research comes down to being able to justify your position, explain
your ideas and convince the other delegates that these are the most valuable approaches to
solving the problem.

Points to Remember

A few aspects that delegates should keep in mind while preparing:

Procedure: The purpose of putting in procedural rules in any committee is to ensure a
more organised and efficient debate. The committee will follow the UNA-USA Rules of
Procedure. Although the Executive Board shall be fairly strict with the Rules of Procedure,
the discussion of the agenda will be the main priority. So, delegates are advised not to
restrict their statements due to hesitation regarding procedure.

Foreign Policy: Following the foreign policy of one’s country is the most important aspect
of a Model UN Conference. This is what essentially differentiates a Model UN from other
debating formats. To violate one’s foreign policy without adequate reason is one of the
worst mistakes a delegate can make.
Role of the Executive Board: The Executive Board is appointed to facilitate debate. The
committee shall decide the direction and flow of debate. The delegates are the ones who
constitute the committee and hence must be uninhibited while presenting their
opinions/stance on any issue. However, the Executive Board may put forward questions
and/or ask for clarifications at all points of time to further debate and test participants.
 UNA-USA Procedure

Start of Committee:
● Dias (Chairs) begins with roll call
● Delegates may respond “present” or “present and voting”
● Next, the Dias asks to hear any points or motions
● If there are no points or motions on the floor, the Dias will recognise the next
speaker on the Speakers’ List from the previous session
● In the first committee session, a delegate must move to open the Speakers’ List
● During the first committee session, the agenda must also be set (choose topic 1 or
2)

Speakers’ List:
● The Speakers’ List is the default format of committee, if there are no points or
motions
● A country may only appear on the list once at any given time
● A delegate can be added by raising their placard when the Dias asks or by sending
note to the Dias
● The speaking time will be set by the delegate who moves to open the Speakers’
List, but a delegate may move to change the speaking time ● If the Speakers’ List
is exhausted and no other delegates wish to be added, committee moves
immediately into voting procedure on any draft resolutions that have been
introduced
● If there is still time remaining when a delegate concludes his or her speech, he or
she must yield his or her time (to the Dias, to another delegate, or to questions, by
saying either “I yield my time to …”)
● Yielding to Dias ends the speech, yielding to another delegate allocates the
remainder of the time to that delegate (the second delegate may not yield to a third
delegate), and yielding to questions allows for questions from other delegates

Moderated Caucus:
● When the Speakers’ List is open, a delegate may introduce a motion for a
moderated caucus, which is a less formal debate format to debate a specific subset
of the topic
● No set speaking order; each new speaker is chosen in a random order
 ● A delegate never yield her or his time; if delegate finishes early, move to next
speaker
● Must have a set topic, duration, and speaking time (which will be voted on)

Unmoderated Caucus:
● When the Speakers’ List is open, a delegate may introduce a motion for an
unmoderated caucus, the least formal debate format
● Delegates may move around the room and speak freely to one another to draft
resolutions
● Delegate may not leave the room without permission from the committee director

Points and Motions:

● Points and motions are tools for delegates to ask questions about committee and its
proceedings, rather than the content of debate
1.)Motions change what the committee is doing and generally require a vote
2.)Points do not require a vote
● Delegates may only introduce motions while the Speakers’ List is open and
between speakers
1.)When motions require a vote, the vote may
be either substantive or procedural
2.)Some votes require a two-thirds majority to pass, while other require a simple
majority.
● Points may be raised during caucuses, and some points may be used to interrupt a
speaker
● There are four common points, as follow:
1) Point of Inquiry - used to ask a question about parliamentary procedure
1) Point of Order - used when a delegate believes the Dias has
made a procedural error
2) Point of Personal Privilege - used to express concerns about
comfort such as the temperature of the room or the ability to hear a
speaker
1) Point of Information - used to ask a clarifying question about the content of
a speech or statement (only during the speakers list)
● Only a point of order and a point of personal privilege may be used to interrupt a
speaker.

The rules of procedures will be explained in the training session as well but it would be
better if you go through these basics first so it’s easier to understand during the session
and ask your doubts if any.
About the Committee
The United Nations Human Rights Council (UNHRC) was established by the UN General
Assembly with the passing of resolution 60/251 in 2006. The first UNHRC session occurred in
June of that year. Over the course of 2006 and 2007, its mechanisms and functions were formed,
and it was established as an “intergovernmental body within the United Nations system
responsible for strengthening the promotion and protection of human rights around the globe and
for addressing situations of human rights violations and making recommendations on them”. The
UNHRC was created as a replacement for the Commission on Human Rights, which was widely
criticised for allowing countries with poor human rights records to serve as members and failing
to address some of the world's most pressing human rights issues.

The UNHRC is made up of 47 member states, which are elected by the United Nations General
Assembly. The council meets three times a year in Geneva, Switzerland, to discuss human rights
issues and make recommendations to the UN General Assembly. The council's work includes
reviewing human rights violations, creating human rights standards, and promoting human rights
education and awareness.

The creation of the UNHRC was seen as a significant step forward in the global effort to protect
human rights. It has been praised for its more balanced and objective approach to human rights
issues, as well as its increased focus on human rights education and awareness.

However, the UNHRC has also faced criticism. Some argue that it has become politicised, with
some countries using their membership to deflect criticism of their own human rights records.
Others argue that the council has been ineffective in addressing some of the world's most pressing
human rights issues, such as the ongoing crisis in Syria.

Despite its challenges, the UNHRC remains an important institution in the global effort to protect
and promote human rights. Its work helps to raise awareness of human rights issues around the
world and provides a forum for countries to discuss and address these issues collaboratively.
 UNIVERSAL DECLARATION OF HUMAN RIGHTS 4

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history
of human rights. Drafted by representatives with different legal and cultural backgrounds
from all regions of the world, the Declaration was proclaimed by the United Nations
General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A5) as
a common standard of achievements for all peoples and all nations. It sets out, for the first
time, for fundamental human rights to be universally protected and it has been translated
into over 500 languages. It extends to a length of 30 Articles.

The Universal Declaration begins by recognising that ‘the inherent dignity of all members
of the human family is the foundation of freedom, justice, and peace of the world.’ It
declares that human rights are universal- to be enjoyed by all people, no matter who they
are or where they live.

The Universal Declaration includes civil and political rights, like the right to life, free Speech,
and privacy. It also includes economic, social and cultural rights, like the right of social
security, health and education. It is an expression of the fundamental values shared by all
member of the international community. And it has profound influence on the development of
international human rights laws.

It provides a guide to present action and an evolving set of ideas for future
implementation at the national level. Increasingly, the UDHR’s principles have been
embodied in what states do and it serves as the foundation for the International Bill of
Rights and several other crucial human rights agreements. And, not least, the UDHR has
proven a remarkably flexible foundation for a continued broadening and deepening of
the very concept of human rights. How many treaties can claim such honors?

For the purposes of this committee it is advised you familiarize yourself with Article 12,
Article 17, Article 21(1) and Article 27 of the UDHR

4
https://www.un.org/en/universal-declaration-human-rights/ 5
https://undocs.org/A/RES/217(III)
 Table of Contents

1) Mandate of the UN Human Right Commission

2) Deliberating Upon The Right To Freedom Of Speech And It’s Limitations On
Grounds Of Law And Public Order And Its Impact On Freedom Of Press. i.
Introduction
ii. Defining Freedom of Speech
iii. International Developments in Right to Free Speech and Media iv.
International Law Around Free Speech
v. Threats To Freedom of Speech of Public and Press
vi. Conclusion
vii. Questions to Consider
viii. Sources
MANDATE OF THE UN HUMAN RIGHTS COUNCIL
The Office of the High Commissioner for Human Rights (UN Human Rights) is mandated by
the UN General Assembly to promote and protect the enjoyment and full realisation, by all
people, of all human rights. The Charter of the United Nations, the Universal Declaration of
Human Rights, and international human rights laws and treaties established those rights.

UN Human Rights was created by the General Assembly in 1993 through its resolution 48/141
which also details its mandate.

UN Human Rights is mandated to:

• Promote and protect all human rights for all

• Recommend that bodies of the UN system improve the promotion and protection of all
human rights
• Promote and protect the right to development
• Provide technical assistance to States for human rights activities
• Coordinate UN human rights education and public information programmes • Work
actively to remove obstacles to the realisation of human rights and to prevent the
continuation of human rights violations
• Engage in dialogue with Governments in order to secure respect for all human rights •
Enhance international cooperation for the promotion and protection of all human rights •
Coordinate human rights promotion and protection activities throughout the United
Nations system
• Rationalise, adapt, strengthen and streamline the UN human rights machinery
Deliberating Upon The Right To Freedom Of Speech And It’s

Limitations On Grounds Of Law And Its

Impact On Freedom Of Press

• Introduction
Every citizen in the world has the fundamental right to freedom of expression. Everyone has
the right to their own opinions as well as the freedom to look for, receive, and exchange
information and ideas. This right is crucial for journalists in their pursuit of and dissemination
of the truth.

They are unable to interview residents or request information from public servants without this
freedom. They cannot enable people to openly express their views and opinions. Additionally,
they are unable to provide citizens with accurate information that they can rely on to make life
changing decisions. They are unable to contribute significantly to the growth of democracy
and effective government. And ultimately, we are unable to stop violations of human rights.

Without freedom of expression, it is impossible to provide people with accurate information

that they can rely on to make wise decisions about their life. We are unable to contribute
significantly to democracy, development, or decent government. In the end, we are powerless
to reveal violations of human rights. In addition to requiring freedom of expression in order to
do their duties, journalists also assist others in exercising their right to free speech by giving
the public pertinent, relevant, and reliable information on which to base their ideas and
opinions. For these rights to be fully realised, media outlets must be permitted to function
freely, without censorship or arbitrary limitations.

Though as it is with most human rights, there are limitations and restrictions even to speech.
The right to freedom of expression is not only restricted by law, but it also must be necessary
to attain one of the following purposes, i.e.: (a) to respect the rights or reputations of others;
(b) to protect national security; (c) to protect public order; (d) to protect public health; and (e)
to protect public morals. HRC states that the right to freedom of expression is of paramount
importance in any democratic society and any restrictions to the exercise of this right must
meet a strict test of justification.

• Defining Freedom of Speech

Freedom of expression is a fundamental human right as stated in Article 19 of the Universal
Declaration of Human Rights:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.”

Media freedom and access to information feed into the wider development objective of
empowering people. Empowerment is a multi-dimensional social and political process that
helps people gain control over their own lives. This can only be achieved through access to
accurate, fair and unbiased information, representing a plurality of opinions, and the means to
actively communicate vertically and horizontally, thereby participating in the active life of the
community.

However, in order to make freedom of expression a reality, there must be:

•a legal and regulatory environment that allows for an open and pluralistic media sector
to emerge;
• a political will to support the sector and rule of law to protect it;
• laws ensuring access to information, especially information in the public domain; and •
the necessary media literacy skills among news consumers to critically analyze and
synthesise the information they receive to use it in their daily lives and to hold the media
accountable for its actions.
These elements, along with media professionals adhering to the highest ethical and
professional standards designed by practitioners, serve as the fundamental infrastructure on
which freedom of expression can prevail. On this basis media serves as a watchdog, civil
society engages with authorities and decision-makers, information flows through and
between communities.

• International Developments in Right to Free Speech and Media

Article 19 of UDHR proclaims the general principle of the right to freedom of information and
expression for all individuals without any interference. This includes the right to seek, receive
and impart information and ideas through any media and regardless of frontiers. Art 19 of
UDHR does not impose any limitations on the exercising of this freedom. Article 29(2) and
(3) include the general limitations on all rights and freedoms contained in the UDHR,
including the freedom of expression. It is Article 19 of ICCPR that precisely puts out this
freedom together with limitations, which read as: Everyone shall have the right to hold
opinions without interference. It includes freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art, or through any other medium of his choice. The right may be subject to certain
restrictions, but these shall only be such as are provided by law and are necessary: (a) For
respect of the rights or reputations of others; (b) For the protection of national security or of
public order (public order), or of public health or morals.

The ICCPR also establishes the Human Rights Committee which monitors the implementation
of rights found under the Covenant (Part IV of ICCPR), The Procedures for bringing the
Complaint under it.

Freedom of opinion and expression are fundamental rights that contain both a personal and a
social dimension. They are considered “indispensable conditions for the full development of
the person”, “essential for any society” and a “foundation stone for every free and democratic
society” . All forms of communication are protected, including “political discourse,
commentary on one’s own and on public affairs, canvassing, discussion of human rights,
journalism, cultural and artistic expression, teaching and religious discourse”. Under the
ICCPR, freedom of expression includes the “freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of a person’s choice”. This protects expression in all forms,
including spoken, written and sign language, and non-verbal expressions through artworks.
Without free speech, the enjoyment of other rights is not possible. Thus, freedom of
expression plays an important role upholding other human rights. Transparency and
accountability for human rights abuses are enhanced by freedom of expression, making it an
essential precondition to ensuring the proper protection of rights.

• International Law Around Free Speech

The right to freedom of expression and opinion is a right of the International Covenant on
Civil and Political Rights and described as an essential test right, the enjoyment of which
illustrates the degree of enjoyment of all human rights enshrined in the United Nations Bill of
Rights, that comprises the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil
and Political
Rights and reflects a country‘s standard fair play, justice and honesty. This right has a dual
dimension (individual and collective form of freedom of expression).

An individual dimension, consisting of the right of each person to express her own thoughts,
ideas and information, and collective dimension, consisting of society‘s right to obtain and
receive any information, to know the thoughts, ideas and information of others, and to be well
informed. It includes freedom of access to the State and freedom from the State. The former
refers to the participation of the individual in matters of the state. The latter refers to the realm
of privacy of the individual and requires absolute protection against any undue external
interference.

The legal obligation imposed by Article 2 of ICCPR is that, the State must respect, protect and
refrain from interference in these rights either by the State organs itself or by third parties.
However, freedom of expression is currently under assault across the world. In October 2016,
the UN expert on freedom of expression reported that individuals seeking to exercise their
right to expression face all kinds of government-imposed limitations that are not legal,
necessary or proportionate, noting that the ‘‘targets of restrictions include journalists and
bloggers, critics of government, dissenters from conventional life, provocateurs and
minorities of all sorts’. Recent laws and policies show that western democracies are not
immune from this trend, with governments increasingly willing to limit the freedom of civil
society to participate in public debate and discussion.
• Threats To Freedom Of Speech of Public and Press
Diminishing space of resistance

Free speech and assembly are both exercised during protests. People will use both vocal and
nonverbal communication during protests, such as waving banners or placards, to
communicate their opinions. Recently, a number of nations have reinforced their rules on the
freedom to protest in a variety of ways, including by giving police carte blanche to make
arrests as they see fit, harshly punishing protesters, imprisoning dissidents without due
process, among other things.

The right to peaceful social protest is included in the freedoms of expression and assembly,
and this right is crucial to maintaining the "freedoms treasured in a democratic society."
Nations must uphold and safeguard their democracies and maintain the delicate balance
between preserving places of resistance and protecting law and order.

Metadata Laws
Metadata retention rules, which put free speech and press freedom in jeopardy and may
discourage people from sharing information on topics of public interest, are another
concerning development in western democracies. Freedom of expression necessitates a free,
unrestricted press that can inform the public and comment on current events without
hindrance or restriction. The ability to access information and maintain the safety and
confidentiality of sources while doing so is a core principle of journalism. Yet through
increased surveillance of people's telecommunications metadata, governments in western
democracies put the privacy of journalists' sources in danger.

Metadata is not the content of communications, but the details around it – the time and place
you made a phone call, the length of the call, the recipient, or the web browser you visited and
for how long. Metadata can reveal an enormous amount about a person’s habits, private life
and social life.

In certain cases, metadata retention regulations are purposefully applied to track down the
sources of journalists, endangering press freedom. This is because authorities may easily
identify sources and whistleblowers by looking at a journalist's phone or email information,
which shows who has contacted them.

The legal practice of freedom of expression runs the risk of being discouraged due to the vast,
intrusive nature of data collecting regimes and the lack of transparency regarding who bodies
can access it and for what purposes.

Censorship in the Digital Space

The Internet has provided unprecedented opportunity for people’s exercise of the right to
freedom of expression. However, censorship and surveillance of the Internet may also lead to
the repression of journalists, human rights defenders and other individuals. States should
ensure that restrictions on online expression are lawful, necessary and proportionate.
Companies also have a responsibility to respect the freedom of expression of end users
throughout their operations, from technology design to the development of policies governing
user behaviour.

Additionally, many countries have been resorting to increased internet shutdowns to not only
deny freedom of expression and access to information, but to facilitate and conceal other
severe human rights violations, from mass arrests and killings of dissenting voices. This is
particularly the case during politically sensitive moments, such as elections or protests.

Prosecution and Unjust Imprisonment of Journalists

We are constantly seeing human rights defenders, journalists, academics, artists, and other
civil society actors prosecuted and imprisoned under often broad and vague laws premised on
combating misinformation or so-called “false news”. The UN High Commissioner herself has
raised alarm in a statement at the abuse of such measures to crackdown on free expression
during the COVID-19 pandemic. Ultimately, these tools create a climate of fear which
promotes self-censorship and impedes access to information.

Additionally, over recent years, States have increasingly used counter-terrorism and violent
extremism measures not against terrorists, but human rights defenders, journalists, and other
civil society actors. These measures share in common ambiguous definitions of “terrorism”
and “extremism”, often disconnected from intent of the accused to cause violence, or the
likelihood of it occurring, allowing authorities to broadly target groups and individuals
engaged in dissent or political opposition. This trend has its roots in the international security
narrative since 2001 that has pushed States to adopt strong counter-terrorism measures
without equal attention to their human rights effects and for the role of human rights in
addressing the underlying causes of terrorism. The lack of civil society engagement with the
UN counter terrorism and security architecture have at times contributed to this dynamic.

Use of surveillance technologies

The widespread abuse of surveillance technologies not only have significant chilling effects
on freedom of expression, but have been shown to lead to severe human rights violations
such as arbitrary detention, torture and even extrajudicial killings. The UN Special
Rapporteur on freedom of opinion and expression, alarmed at poor controls on exports and
transfers of surveillance technologies and the subsequent widespread abuse, has called for an
immediate moratorium on their export, sale, transfer, use or servicing until a human rights-
compliant safeguards regime for them is in place.

Vague Laws Surrounding Freedom of Speech

A tactic certain nations have used of late to crackdown on freedom of speech is the
introduction of vague laws that leave room for a large scope of interpretation. Many countries
have been seen to not appropriately describe instances that “incite all forms of violence,
hatred, discrimination and hostility, inter alia, racism, xenophobia, negative stereotyping and
stigmatisation”. This has often given space to politically motivated charges against press
leading to further censorship.
 Case Studies

I. People's Republic of China

In the context of the agenda China serves as a compelling case study. Despite constitutional
guarantees of freedom of speech, the Chinese government tightly controls the flow of
information and expression within its borders, particularly concerning dissenting viewpoints
and sensitive political issues. The government employs a vast array of mechanisms, including
censorship, surveillance, and legal measures, to restrict the freedom of the press and regulate
public discourse.

One prominent example is the Great Firewall of China, a sophisticated system of internet
censorship that blocks access to foreign websites and filters online content deemed undesirable
by the authorities. Social media platforms such as WeChat and Weibo are heavily monitored,
with censorship algorithms and human moderators tasked with removing politically sensitive
content and dissenting voices. Journalists and bloggers who challenge official narratives or
report on taboo subjects face harassment, intimidation, imprisonment, and even disappearance,
as seen in the cases of prominent figures like journalist Zhang Zhan, who was sentenced to four
years in prison for her reporting on the COVID-19 outbreak in Wuhan.

The Chinese government argues that these measures are necessary to maintain social stability,
protect national security, and uphold the ruling Communist Party's legitimacy. However, critics
argue that such restrictions stifle free speech, inhibit the free flow of information, and hinder the
development of a vibrant civil society. The tension between these competing interests
underscores the complexities of regulating speech in an authoritarian context, where state
control trumps individual liberties. In navigating these challenges, China serves as a cautionary
tale and a focal point for global debates on the limits of freedom of speech and the role of
government in regulating public discourse.

In addition to its ongoing efforts to control online discourse and suppress dissenting voices, the
Chinese Communist Party (CCP) has a history of engaging in cover-ups and censorship to
maintain its grip on power. One notable instance is the Tiananmen Square Massacre of 1989,
where the Chinese government cracked down on pro-democracy protesters in Beijing, resulting
in hundreds, possibly thousands, of deaths. The government's subsequent censorship and
distortion of the events, including the infamous "Tank Man" image being erased from public
memory and online platforms, exemplify its willingness to suppress information to preserve its
authority.

Moreover, the CCP's policies in Xinjiang, aimed at suppressing the Uighur Muslim minority,
have been shrouded in secrecy and disinformation. Reports of mass detentions, forced labor,
and cultural genocide have been met with vehement denial and censorship from Chinese
authorities. Independent journalists and researchers attempting to investigate these claims face
harassment, intimidation, and expulsion, highlighting the lengths to which the CCP will go to
control the narrative and conceal its human rights abuses.

These cover-ups and censorship efforts underscore the CCP's prioritisation of regime stability
over transparency and accountability. By tightly controlling information and stifling dissent, the
Chinese government seeks to maintain its grip on power and suppress challenges to its
authority. However, these tactics have drawn international condemnation and scrutiny, fuelling
debates about the ethical implications of engaging with a regime that prioritises censorship and
repression over fundamental human rights. As the CCP continues to assert its dominance, the
struggle for freedom of speech and expression in China remains a critical battleground in the
broader fight for human rights and democracy worldwide.

II. Russian Federation

Russia presents a complex case study in the realm of freedom of speech, where the
government's tight grip on media and online communication contrasts sharply with
constitutional guarantees of free expression. Under President Vladimir Putin's leadership, the
Russian state has implemented a series of measures to control information flow, suppress
dissent, and consolidate power.

One significant aspect of Russia's approach to controlling information is its extensive

statecontrolled media apparatus. Major television networks and newspapers are either directly
owned or heavily influenced by the government, allowing for the dissemination of narratives
that align with the Kremlin's agenda while marginalising alternative viewpoints. Critical voices,
particularly those of independent journalists and opposition figures, face harassment,
intimidation, and violence, as seen in the cases of investigative journalist Anna Politkovskaya
and opposition leader Alexei Navalny.

Moreover, the Russian government employs sophisticated tactics to censor and manipulate
online content. The Kremlin has enacted legislation enabling it to block websites deemed to
promote extremism or threaten national security, leading to the censorship of independent news
outlets and opposition websites. Social media platforms are also subject to government control,
with laws requiring them to store user data on Russian servers and comply with government
requests for censorship and surveillance.

In addition to domestic censorship efforts, Russia has been accused of engaging in

disinformation campaigns aimed at undermining democratic institutions and sowing discord in
foreign countries. The Kremlin's use of state-controlled media outlets, social media trolls, and
cyber warfare tactics to spread misinformation and influence public opinion abroad has raised
concerns about the integrity of democratic processes and the free exchange of ideas.

Despite these challenges, Russia's civil society continues to push back against government
censorship and repression. Independent journalists, activists, and ordinary citizens use social
media and underground publications to disseminate alternative viewpoints and expose
government abuses. However, the risks of speaking out remain high, with dissenters facing legal
persecution, physical violence, and even assassination.

The case of Russia highlights the complexities of regulating speech in an authoritarian context,
where state control and censorship impede the free flow of information and inhibit the
development of a vibrant civil society.

III. United States of America

The United States, often heralded as a beacon of democracy and free speech, grapples with its
own challenges regarding media censorship and the treatment of journalists. Despite
constitutional protections for freedom of the press, instances of government censorship and
suppression of information have raised concerns about transparency and accountability,
particularly in cases involving allegations of war crimes and the treatment of whistleblowers
and journalists.

One notable example is the government's handling of classified information related to U.S.
military operations and alleged war crimes. Instances such as the Iraq and Afghanistan wars
have raised questions about the extent to which the government has withheld or manipulated
information to shape public perception and shield itself from accountability. Revelations by
whistleblowers like Chelsea Manning and Edward Snowden have shed light on government
surveillance programs and sparked debates about the balance between national security and
individual privacy rights.

Furthermore, the treatment of journalists who seek to uncover government wrongdoing has
raised alarm bells about press freedom in the United States. One prominent case is that of Julian
Assange, the founder of WikiLeaks, who faces extradition to the United States on charges
related to the publication of classified documents. Assange's prosecution has drawn criticism
from press freedom advocates, who argue that it sets a dangerous precedent for the prosecution
of journalists and whistleblowers who expose government misconduct.

In addition to legal challenges, journalists in the United States also face other forms of
intimidation and harassment, including surveillance, intimidation, and violence. Instances of
police brutality against journalists covering protests and demonstrations, as well as attacks on
journalists by government officials and supporters, highlight the risks associated with holding
power to account.

Despite these challenges, the United States maintains a robust tradition of investigative
journalism and a vibrant civil society that pushes back against government censorship and
suppression of information. Organisations such as the Committee to Protect Journalists and the
American Civil Liberties Union advocate for press freedom and hold the government
accountable for its treatment of journalists and whistleblowers.

IV. Great Socialist People's Libyan Arab Jamahiriya

Libya, a country marred by decades of political instability and armed conflict, presents a
sobering case study in the challenges facing press freedom and the safety of journalists.
Following the ousting of Muammar Gaddafi in 2011, Libya descended into chaos, with rival
factions vying for power and control. In this volatile environment, journalists and media
workers have become targets of violence, intimidation, and censorship, facing grave risks for
simply seeking to report the truth.

One of the most alarming aspects of press freedom in Libya is the targeted assassination of
journalists. Since the overthrow of Gaddafi's regime, numerous journalists have been killed in
targeted attacks, often for their reporting on sensitive issues such as corruption, human rights
abuses, and the activities of armed groups. Among the victims is prominent Libyan journalist
and human rights activist Salwa Bugaighis, who was brutally murdered in 2014 after speaking
out against extremism and advocating for democracy.
Moreover, the absence of a strong, independent media regulatory framework has allowed armed
groups and militias to exert control over media outlets, censoring dissenting voices and
manipulating public discourse to suit their agendas. Journalists who dare to challenge these
groups risk harassment, abduction, and even death, as seen in the case of Mohamed Ben
Khalifa, a Libyan photojournalist killed in 2019 while covering clashes in Tripoli.

The climate of fear and impunity surrounding attacks on journalists in Libya has had a chilling
effect on press freedom and freedom of expression. Many journalists resort to self-censorship or
exile to avoid reprisals, further eroding the public's access to independent and unbiased
information. International organisations such as the Committee to Protect Journalists and
Reporters Without Borders have condemned the attacks on journalists in Libya and called for
accountability for those responsible.

V. Republic of India
India, renowned for its vibrant democracy and diverse media landscape, grapples with a myriad
of challenges concerning press freedom and the safety of journalists. While the country boasts a
robust tradition of investigative journalism and a thriving media industry, journalists face
growing threats, including violence, censorship, and legal harassment, that undermine their
ability to report independently and hold power to account.

One significant issue is the targeting of journalists critical of the government or powerful vested
interests. In recent years, there has been a troubling rise in attacks on journalists, with many
facing physical assault, harassment, and even murder for their reporting on sensitive issues such
as corruption, communal violence, and human rights abuses. The murders of Gauri Lankesh, a
vocal critic of Hindu nationalism, and Shujaat Bukhari, a Kashmiri journalist advocating for
peace, highlight the dangers faced by those who dare to speak truth to power.

Moreover, the use of legal mechanisms to silence dissent and curb press freedom has raised
concerns about the state of democracy in India. Laws such as sedition, criminal defamation, and
the Information Technology Act are often wielded against journalists and media organisations
critical of the government, leading to self-censorship and a chilling effect on freedom of
expression. High-profile cases such as the arrest of journalist Siddique Kappan under the
draconian Unlawful Activities (Prevention) Act for covering a protest in Uttar Pradesh
underscore the misuse of legal provisions to stifle dissent.

In addition to physical and legal threats, journalists in India also face economic pressures and
editorial interference that compromise their independence and integrity. Media ownership
concentrated in the hands of a few powerful conglomerates, coupled with advertising revenue
dependencies, often dictates editorial content and undermines journalistic autonomy. Moreover,
the spread of misinformation and hate speech on social media platforms exacerbates challenges
to media credibility and public trust.

Despite these challenges, India's vibrant media landscape continues to be a vital pillar of
democracy, providing a platform for diverse voices and fostering public debate. Journalists and
media organisations persevere in the face of adversity, upholding the principles of press
freedom and striving to hold power to account. International organisations such as the
Committee to Protect Journalists and Reporters Without Borders monitor the situation in India
closely and advocate for the protection of journalists' rights and freedoms.

PAST RESOLUTIONS

Universal Declaration of Human Rights Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.

International Covenant on Civil and Political Rights (ICCPR) Article

19

1. Everyone shall have the right to hold opinions without

interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 3 of this article carries with it special
duties and responsibilities. It may therefore be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary: (a) For respect of the right or
reputations of others;
(b) For the protection of national security or of public order, or of public health or morals.

African Charter on Human and Peoples’ Rights Article 9

1. Every individual shall have the right to receive information.

2. Every individual shall have the right to express and disseminate his opinions within the
law.

Resolution 169 on Repealing Criminal Defamation Law in Africa by the African Commission
on Human and Peoples’ Rights - 24 November 2010

1. Underlines that criminal defamation laws constitute a serious interference with freedom of
expression and impedes on the role of the media as a watchdog, preventing journalists and
media
practitioners to practice their profession without fear and in good faith;
2. Commending States Parties to the African Charter (States Parties) that do not have, or
have completely repealed insult and criminal defamation laws;

(a) Calls on States Parties to repeal criminal defamation laws or insult laws which impede
freedom of speech, and to adhere to the provisions of freedom of expression, articulated in the
African Charter, the Declaration, and other regional and international instruments; (b) Also
calls on States Parties to refrain from imposing general restrictions that are in violation of the
right to freedom of expression;

European Convention for the Protection of Human Rights and Fundamental Freedoms

Article 10

1. Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public
authority and regardless of frontiers. This article shall not prevent States from requiring the
licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be
subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are
necessary in a democratic society, in the interests of national security, territorial integrity or
public safety, for the prevention of disorder or crime, for the protection of health or morals, for
the protection of the reputation or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and impartiality of the judiciary

American Convention on Human Rights Article 13

1. Everyone has the right to freedom of thought and expression. This right includes freedom to
seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing, in print, in the form of art, or through any other medium of one’s choice. 2. The
exercise of the right provided for in the foregoing paragraph shall not be subject to prior
censorship but shall be subject to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure: (a) Respect for the rights or reputations of
others
(b) The protection of national security, public order, or public health or morals.

3. The right of expression may not be restricted by indirect methods or means, such as the abuse
of government or private controls over newsprint, radio broadcasting frequencies, or
equipment used in the dissemination of information, or by any other means tending to impede
the communication and circulation of ideas and opinions.
4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject
by
law to prior censorship for the sole purpose of regulating access to them for the moral protection
of childhood and adolescence.
5. Any propaganda for war and any advocacy of national, racial, or religious hatred that
constitute incitements to lawless violence or to any other similar action against any person or
group of persons on any grounds including those of race, colour, religion, language, or
national origin shall be considered as offences punishable by law.

ASEAN Human Rights Declaration

There is no established regional human rights body for Asia. However, the ten countries of the
Association of Southeast Asian Nations (ASEAN) formally established the ASEAN
Intergovernmental Commission on Human Rights (AICHR) on 23 October 2009, during the
15th ASEAN Summit. The group also adopted a Human Rights Declaration, which guarantees
freedom of expression as follows: 23. Every person has the right to freedom of opinion and
expression, including freedom to hold opinions without interference and to seek, receive and
impart information, whether orally, in writing or through any other medium of that person’s
choice.

NOTE: Make sure you also read IHL (International Humanitarian law) and IHRL (International
Human Rights law) in context to the agenda as well.

Try to refrain from using sites likes wikipedia, quora etc. also make sure that you use credible
and verified sources to quote the facts

Since, it's a humanitarian committee make sure that you pay attention to the analysis and not jist
straight quoting facts

Conclusion
Freedom of expression is a fundamental human right that must be upheld in democratic
societies. Yet there is a worrying global trend of governments unjustifiably limiting freedom
of speech, targeting journalists, protesters and other people considered to be dissenting from
government views. Even in western democracies, laws are curtailing protest activities and
threatening press freedom and free speech through various ways. It is imperative that civil
societies across the globe are vigilant in defending freedom of expression. This is necessary
for the enhancement of people’s lives and the creation and maintenance of strong, healthy
democratic societies.

The right to freedom of expression enjoys fairly broad protection in international law.
However, since this right is not absolute, it must be balanced in consideration of other rights,
notably the right to privacy and the right to non-discrimination.

The exercise of freedom of expression, as well as the freedom to seek information, is capable
of encroachments upon other rights. Thus, these responsibilities obligate the opinion makers
not to abuse their power at the expense of others and obligate the state to interfere in such
cases where the rights of others are violated. State parties must establish an optimal balance
between various human rights claims and that it is an interplay between the principle of
freedom of expression and such limitations and restrictions which determine the actual scope
of the individual‘s rights.
Questions To Consider
One of the first steps to take when looking for a way to solve the problem is to critically
analyse what is going on and to ask questions. For example, how can the UN and its member
states encourage states to honour freedom of expression and press? How does the
international community assist in protecting the impunity, freedom and safety of journalists?
Should minimal censorship be enforced everywhere, and if so, how can we achieve this? What
means of censorship are appropriate? How do issues of sovereignty intersect with freedom of
press, especially concerning foreign correspondents? What action should be taken towards
nations that are suppressing their citizen’s freedom of speech?
Sources
UN General Assembly. (2016). Report of the Special Rapporteur on the promotion
and protection of the right to freedom of opinion andexpression, UN Doc. A/71/373,
55. UN Human Rights Committee. (1994). Kivenmaa v. Finland, Communication No.
412/1990, UN Doc. CCPR/C/50/D/412/ 1990.
UN Human Rights Committee. (1996). CCPR general comment
no.25 Electronic copy available at: https://ssrn.com/abstract=4163065
UN Human Rights Committee. (2011). General Comment No. 34, Article 19, Freedoms
of opinion and expression. UN Doc. CCPR/C/GC/34. Retrieved from:
http://www2.ohchr.org/english/ bodies/hrc/docs/gc34.pdf
United Nations. (1948). Universal declaration of human rights.
United Nations. (1965). International convention on the elimination of all forms of
racial discrimination, Article 5
United Nations. (1966). International covenant on civil and political rights, Article 19.
United Nations. (1989). Convention on the rights of the child,Article 12 United Nations.
(2006). Convention on the rights of persons with disabilities, Article 21. US Supreme Court.
(1965). Cox v Louisiana No 49 379 US 559 (1965) 574.