Commonwealth Heads of Government (CHoG) have taken a historic step at their summit in Apia, Samoa, by adopting the Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance.
According to the CHoG, free speech and media freedom play a crucial role in sustaining democracy, urging member states to amend or repeal laws that unduly restrict the right to freedom of expression.
The Commonwealth Human Rights Initiative (CHRI) and the Commonwealth Journalists Association (CJA) have hailed the adoption of these Principles as a significant victory for free speech, but stressed that governments must take meaningful actions to end excessive restrictions.
In a joint statement, they called for Commonwealth countries to engage with civil society and conduct thorough audits to ensure these Principles are effectively implemented.
“Freedom of expression is not just a right in itself—it is the foundation that allows us to exercise and defend all other human rights,” the statement noted, highlighting its critical role in democracy.
The statement indicated that despite international legal safeguards, this right remains under threat, particularly within Commonwealth countries.
The statement pointed out that data from UNESCO reveals that between 2006 and 2020, 178 journalists were killed in Commonwealth nations, with an alarming impunity rate of 96%.
It said this figure surpasses the global impunity rate of 87%, and added that ReportersWithout Borders (RSF) reported 547 journalists imprisoned globally by the end of 2023, many of them subjected to legal harassment to suppress dissent.
Referencing their new report titled, “Who control the narrative?” the CHRI and CJA stated that many Commonwealth countries still retain outdated, colonial-era laws that stifle free expression.
The statement noted that the report details how defamation, sedition, and blasphemy laws continue to be used to silence activists and journalists.
Currently, 41 Commonwealth nations criminalise defamation, 48 have sedition laws, and 37 retain blasphemy-related legislation.
“These repressive laws create a chilling effect, forcing activists and journalists into self-censorship out of fear of retaliation,” said William Horsley of the Commonwealth Journalists Association. “This undermines the vital role of independent voices in holding governments accountable.”
It said the Commonwealth Principles were initially proposed by a coalition of civil society organisations in response to growing concerns over legal threats to free speech.
The CJA, in partnership with CHRI, the Commonwealth Lawyers Association, and the Institute of Commonwealth Studies, led the effort, resulting in the adoption of these Principles at the 2024 Commonwealth Heads of Government Meeting (CHOGM) in Samoa.
The Principles urge Commonwealth member states to take concrete steps to align their national laws with international human rights standards.
The ‘Who Controls the Narrative?’ report also outlines key recommendations for legal reforms, including promoting media pluralism, strengthening judicial independence, and enhancing accountability mechanisms.
Director of the CHRI, Sneh Aurora, emphasised the Commonwealth’s unique position to lead by example.
“While many Commonwealth countries share a colonial legacy of repressive laws, they also share a commitment to democratic governance as set out in the Commonwealth Charter,” Aurora said.
“The adoption of these Principles provides a crucial opportunity for member states to reform outdated laws and protect the right to free expression,” she added.
BY Florence AsamoahAdom
