For immediate release ­ 15 August 2008 The United Nations Human…

For immediate release ­ 15 August 2008




The United Nations Human Rights Committee recently published its concluding
observations on the United Kingdom's sixth periodic report. The report
highlights several freedom of expression issues in the United Kingdom, which
reflect the concerns raised by ARTICLE 19 in its Submission to Human Rights
Committee in preparation of the report. ARTICLE 19 strongly endorses the
observations of the Human Rights Committee with regard to freedom of
expression and supports the Committee's recommendations.

The Committee welcomed the government's abolition earlier this year of the
common-law offence of blasphemy and blasphemous libel in England and Wales,
through adoption of the Criminal Justice and Immigration Act 2008. ARTICLE 19
had advocated such an amendment in its submissions to the Committee. Abolition of
the offence was considered a priority given its disuse and the fact that it was a strict
liability offence, which only protected the Anglican faith. Introduction of the 2008
Act has brought the United Kingdom in line with the view of the Council of Europe
Parliamentary Assembly that blasphemy is not a justifiable restriction on freedom of
expression.

The Committee, reflecting the position of ARTICLE 19, reiterated its concern that
powers under the Official Secrets Act 1989 have been exercised to prohibit former
employees of the Crown from expressing in the public domain issues of public
interest, and prevent the media from publishing such matters. Further it noted that
disclosure of information is penalised even where there is no potential harm to
national security. ARTICLE 19 supports the Committee's recommendation that the
government should ensure that its powers to protect information related to national
security are narrowly implemented and limited to instances of where there is a
genuine risk of harm to national security.

The Committee noted its concern that the practical application of the law of libel,
including `libel tourism', has operated to discourage critical media reporting on issues
of public interest, harming the ability of scholars and journalists to publish their work.
It commented that the advent of the internet and the international distribution of
foreign media, may result in unduly restrictive libel laws impacting upon freedom of
expression worldwide on matters of public interest. The Committee recommended
that the government re-examine its technical doctrines of libel law, and consider
utilising a `public-figure' exception. Furthermore the Committee recommended

                     ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQ
                      Tel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660
                     Web: www.article19.org / Email: info@article19.org
limiting the requirement that defendants reimburse plaintiff's lawyers fees regardless
of scale, including Conditional Fee Arrangements and `success fees'. The utilisation
of enhanced pleading requirements to resolve cases was also proposed.

The Committee stated its concern regarding the offence of "encouragement of
terrorism" contained in section 1 of the Terrorism Act 2006. The Committee noted
the `broad and vague' terms of the provision and the lack of a requirement of intent
for the offence to be committed. ARTICLE 19 has presented several submissions to
international human rights bodies concerning the glorification clause and welcomes
the Committee's recommendation that the provision be amended so that it does not
disproportionately infringe upon the right to freedom of expression.

The Committee has requested that the United Kingdom provide in its next report, due
to be submitted by 31 July 2012, information concerning the recommendations
contained in the concluding observations and on the ICCPR as a whole.


NOTES TO EDITORS:
  · For more information: please contact Sejal Parmar, Senior Legal Officer,
     sejal@article19.org +44 20 7278 9292
  · Country Reports for the 93rd Session of the Human Rights Committee (7- 25 July
     2008), Geneva: http://www2.ohchr.org/english/bodies/hrc/hrcs93.htm
  · ARTICLE 19 submissions to the 91st session of the United Nations Human Rights
     Committee of October 2007 available at:
     http://www2.ohchr.org/english/bodies/hrc/docs/ngos/Article19_UK93.doc
  · ARTICLE 19 is an independent human rights organisation that works around the
     world to protect and promote the right to freedom of expression. It takes its name
     from Article 19 of the Universal Declaration of Human Rights, which guarantees free
     speech.




                    ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQ
                     Tel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660
                    Web: www.article19.org / Email: info@article19.org