[governance] Join Statement on Wikileaks from UN Special Rapporteur on FoE and IACHR

[Katitza Rodriguez]

UN Special Rapporteur on the Promotion and Protection
the Right to Freedom of Opinion and Expression

Inter-American Commission on Human Rights
Special Rapporteur for Freedom of Expression

Joint Statement On Wikileaks


December 21, 2010 – In light of ongoing developments related to the 
release of diplomatic cables by the organization Wikileaks, and the 
publication of information contained in those cables by mainstream news 
organizations, the United Nations (UN) Special Rapporteur on Freedom of 
Opinion and Expression and the Inter-American Commission on Human Rights 
(IACHR) Special Rapporteur for Freedom of Expression see fit to recall a 
number of international legal principles. The rapporteurs call upon 
States and other relevant actors to keep these principles in mind when 
responding to the aforementioned developments.

1. The right to access information held by public authorities is a 
fundamental human right subject to a strict regime of exceptions. The 
right to access to information protects the right of every person to 
access public information and to know what governments are doing on 
their behalf. It is a right that has received particular attention from 
the international community, given its importance to the consolidation, 
functioning and preservation of democratic regimes. Without the 
protection of this right, it is impossible for citizens to know the 
truth, demand accountability and fully exercise their right to political 
participation. National authorities should take active steps to ensure 
the principle of maximum transparency, address the culture of secrecy 
that still prevails in many countries and increase the amount of 
information subject to routine disclosure.

2. At the same time, the right of access to information should be 
subject to a narrowly tailored system of exceptions to protect 
overriding public and private interests such as national security and 
the rights and security of other persons. Secrecy laws should define 
national security precisely and indicate clearly the criteria which 
should be used in determining whether or not information can be declared 
secret. Exceptions to access to information on national security or 
other grounds should apply only where there is a risk of substantial 
harm to the protected interest and where that harm is greater than the 
overall public interest in having access to the information. In 
accordance with international standards, information regarding human 
rights violations should not be considered secret or classified.

3. Public authorities and their staff bear sole responsibility for 
protecting the confidentiality of legitimately classified information 
under their control. Other individuals, including journalists, media 
workers and civil society representatives, who receive and disseminate 
classified information because they believe it is in the public 
interest, should not be subject to liability unless they committed fraud 
or another crime to obtain the information. In addition, government 
"whistleblowers" releasing information on violations of the law, on 
wrongdoing by public bodies, on a serious threat to health, safety or 
the environment, or on a breach of human rights or humanitarian law 
should be protected against legal, administrative or employment-related 
sanctions if they act in good faith. Any attempt to impose subsequent 
liability on those who disseminate classified information should be 
grounded in previously established laws enforced by impartial and 
independent legal systems with full respect for due process guarantees, 
including the right to appeal.

4. Direct or indirect government interference in or pressure exerted 
upon any expression or information transmitted through any means of 
oral, written, artistic, visual or electronic communication must be 
prohibited by law when it is aimed at influencing content. Such 
illegitimate interference includes politically motivated legal cases 
brought against journalists and independent media, and blocking of 
websites and web domains on political grounds. Calls by public officials 
for illegitimate retributive action are not acceptable.

5. Filtering systems which are not end-user controlled – whether imposed 
by a government or commercial service provider – are a form of prior 
censorship and cannot be justified. Corporations that provide Internet 
services should make an effort to ensure that they respect the rights of 
their clients to use the Internet without arbitrary interference.

6. Self-regulatory mechanisms for journalists have played an important 
role in fostering greater awareness about how to report on and address 
difficult and controversial subjects. Special journalistic 
responsibility is called for when reporting information from 
confidential sources that may affect valuable interests such as 
fundamental rights or the security of other persons. Ethical codes for 
journalists should therefore provide for an evaluation of the public 
interest in obtaining such information. Such codes can also provide 
useful guidance for new forms of communication and for new media 
organizations, which should likewise voluntarily adopt ethical best 
practices to ensure that the information made available is accurate, 
fairly presented and does not cause substantial harm to legally 
protected interests such as human rights.



Catalina Botero Marino
Inter-American Commission on Human Rights Special Rapporteur on Freedom 
of Expression



Frank LaRue
UN Special Rapporteur on the Promotion and Protection of the Right to 
Freedom of Opinion and Expression

http://www.cidh.oas.org/relatoria/showarticle.asp?artID=829&lID=1

-- 
Katitza Rodriguez
International Rights Director
Electronic Frontier Foundation
katitza at eff.org
katitza at datos-personales.org (personal email)

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