Who Controls the Narrative? Legal restrictions on Freedom of Expression in the Commonwealth

CHRI’s Report to the Commonwealth Heads of Government Meeting 2024

CHRI’s 2024 report to CHOGM, focuses on restrictions on freedom of expression: ‘Who Controls the Narrative? Legal restrictions on Freedom of Expression in the Commonwealth.’ This year we partnered with the Commonwealth Journalists Association, the Commonwealth Lawyers Association and the Institute of Commonwealth Studies to produce this comprehensive report. 

The essence of freedom of expression lies in the ability of individuals to express their thoughts, opinions, beliefs, and ideas without fear of government censorship, retaliation, or societal repression.  It helps truth emerge and is essential to human dignity. Yet, in Commonwealth countries, freedom of expression has declined and there has been an increase in restrictions on this human right, particularly in relation to media activity.

As one intervenor at the Commonwealth People’s Forum (CHOGM 2024) remarked, the Commonwealth Charter is brought into disrepute by restrictions on freedom of expression.  The adoption of the Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance is an excellent start, but more needs to be done.

This report builds on earlier work of CHRI on media freedom, access to information, the role of human rights defenders, and anti-terrorism measures and policing. It interrogates the legal restrictions on freedom of expression in the Commonwealth’s 56 member states, including laws relating to sedition, blasphemy, criminal defamation, anti-terrorism measures, SLAPP suits, and restrictions on online expression. It provides substantive, practical recommendations for action by member states, including:

• Align national legislation with  international human rights frameworks
• Strengthen judicial Independence
• Ensure effective remedies for freedom of expression violations
• Strengthen accountability mechanisms, including creating a Commonwealth Special Envoy on Freedom of Expression.

To Be Released Soon!  Who Controls the Narrative?  Legal restrictions on Freedom of Expression in the Commonwealth