Admin l Thursday, February 17, 2022
VIENNA – OSCE Representative on Freedom of the Media Teresa Ribeiro has expressed concern about the shrinking space for media workers to conduct their journalistic work across the border, calling on members state to avoid imposing restrictions on media practice.
She said the current trend abroad includes labeling journalists foreign agents and demanding that media outlets must establish local office before being allowed to broadcast of disseminate information.
“Over the past months, the authorities of several OSCE participating States have adopted a series of decisions that seriously hamper the possibility of cross-frontier journalism. These obstructive measures include banning or blocking media outlets; demanding that foreign media must establish a local office to be allowed to broadcast or otherwise disseminate information; and the practice of labelling media workers as foreign agents. Though different in operation, these measures have the same detrimental effect: shrinking of media pluralism and stability in the OSCE region and disruption of co-operation and friendly relations between nations.”
“This is in stark contrast to OSCE commitments and international law, and it goes against the idea that the participating States consider cross-frontier journalism crucial for strengthening trust and co-operation within the OSCE region. In their Ministerial Council Decision of 2018 on the Safety of Journalists, the participating States clearly reaffirmed the public’s right to receive and impart information and ideas without interference by public authority regardless of frontiers, including through foreign publications and foreign broadcasts.
“Next, Article 19 of the International Covenant on Civil and Political Rights clearly states that everyone has the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media of his or her choice.”
“As this right is not absolute, it may be subject to certain restrictions. Such restrictions, however, need to be clearly spelled out in national law and applied only when they are necessary to protect other fundamental values and rights. When adopted and implemented by lawful institutions in accordance with the rule of law and when the restrictions pursue a legitimate aim, and are necessary and proportional in scope, then they can be recognized as appropriate. Also, there should always be a possibility to challenge restrictions through an independent court system.”
“States must avoid imposing onerous conditions for disseminating information, including from abroad. Criteria should be reasonable and objective, clear, transparent, non-discriminatory and otherwise in compliance with international law and commitments. It also means that such restrictions must never be arbitrary or based on political considerations”, she said.
According to her, “hindering and blocking foreign media who are legitimately pursuing their professional activities merely based on political motives is neither legitimate nor proportionate.
“It goes against media pluralism and the very spirit of OSCE principles and commitments regarding media freedom aimed at the free flow of information, including across borders. I call on all participating States to avoid imposing unjustified restrictions based on non-legitimate decisions. I also want to use this opportunity to point all participating States to the communiqué on this topic that I published last year.”
