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Special Rapporteur of the United Nations Protection
and Promotion of the Right to Freedom of Opinion and Expression
Special Rapporteur for Freedom of Expression
Inter Human Rights
Joint Declaration on Wikileaks
December 21, 2010 - Ante-related events diplomatic communications disclosed by the organization Wikileaks and the subsequent publication of such information in the mass media, the Special Rapporteur of the United Nations (UN) to Freedom of Opinion and Expression and the Special Rapporteur for Freedom of Expression Inter-American Commission on Human Rights (IACHR) see fit to put into context a number of international legal principles. Rapporteurs call upon States and other relevant actors to take into account the above principles to respond to the events mentioned.
1. The right of access to information held by public authorities is a fundamental human right under a strict regime of exceptions. The right to freedom of expression protects the right of everyone to have free access to public information and know the actions of governments. This is a particularly important right for consolidation, operation and preservation of democratic systems, for which he has received a high degree of attention from the international community. Without the guarantee of this right would be impossible to know the truth, require adequate accountability and comprehensively exercise the rights of political participation. National authorities should take active measures to ensure the principle of maximum transparency, to defeat the culture of secrecy that still prevails in many countries and increase the flow of information subject to disclosure.
2. In any case, the right of access to information should be subject to a limited set of exceptions, to protect pre-eminent public or private interests, as national security or the rights and safety of people. laws governing the secrecy of information should define precisely the concept of national security and clearly specify the criteria to be applied in determining whether information may or may not be declared secret. Exceptions to the right of access to information based on, among other reasons, national security should be applied only where there is a real risk of harm substantially to the protected interest and where that harm is greater than the overall public interest to check this information. Is contrary to international standards consider confidential or classified information concerning violations of human rights.
3. is the sole responsibility of public authorities and officials maintain the confidentiality of information that is legitimately restricted under their control. Other people, including journalists, members of the media and civil society members who have access and disseminate confidential information by considering the public interest should not be subject to penalties for violation of obligation, unless they have committed fraud or other crimes to get it. The applicants ("whistleblowers") who, being government employees, to disclose information about violations of law, serious corruption, the existence of a serious threat to health, safety or the environment or human rights violations or international humanitarian law should be protected against legal, administrative or employment if they act in good faith. Any attempt to impose further sanctions against those who disseminate classified information must be based on previously established laws enforced by independent and impartial body with full guarantees of due process, including the right to appeal the ruling.
4. The unlawful interference or direct or indirect pressure from governments in respect of any expression or information transmitted through any means of oral, written, artistic, visual or electronic means, to influence the contents for political reasons, shall be prohibited by law. This includes unlawful interference with the actions brought against journalists for political reasons and independent media, and the blocking of websites and Internet domains for political reasons. In particular, it is unacceptable that public officials suggest the commission of unlawful acts of retaliation against those who released confidential information.
5. locks or Internet filtering systems not controlled by end users, imposed by a government or commercial service is a form of censorship and can not be justified. Companies that provide Internet services must strive to ensure respect for the rights of their clients to use Internet without arbitrary interference.
6. journalistic self-regulatory mechanisms have contributed significantly to developing best practices on how to approach and communicate complex and sensitive issues. Journalistic responsibility is especially necessary when reporting information from confidential sources that may affect valuable property legally protected as fundamental rights or safety of persons. Codes of ethics for journalists must consider the need to assess the public interest in knowing the information. These codes also useful for new forms of communication and new media, which should voluntarily adopt good ethical practices to ensure, inter alia, that the information published is accurate, fairly presented, and does not cause substantial damage and disproportionate legitimate legal interests protected by law as human rights.
Catalina Botero Marino
Special Rapporteur for Freedom of Expression
Commission Human Rights
Frank LaRue
Special Rapporteur of the United Nations for the Protection and Promotion of the Right to Freedom of Opinion and Expression