4.2.3 Prohibiting media from operating Condensed entry: Prohibiting media from operating results from (a) refusal to register or grant licenses; (b) revocation of registration or license; (c) banning media; or (d) state monopolies on any form of media. Prohibiting media from operating constitutes a limitation on freedom of expression in article 19 of the ICCPR and hence must be provided by law and be necessary for respect of the rights or reputation of others, for the protection of national security or of public order (ordre public), or of public health or morals’. Freedom of expression rules out licensing requirements for journalists. Technical registration systems are permissible for print media and broadcasters may be required to obtain license to operate. Freedom of expression requires that the procedures of registering or granting license and any possible revocation or suspension of such registration or license must be based on law, justifiable, and necessary and proportional to the goal to be achieved. State monopolies can be justified only in highly exceptional cases. Comprehensive entry: Prohibiting media from operating results from (a) refusal to register or grant licenses whenever such are the requirements to operate the media; (b) when the registration or license is revoked subsequently;(c) banning media; or (d) state monopolies on any form of media. Prohibiting media from operating constitutes a limitation on freedom of expression in article 19 of the ICCPR[1] and hence must be provided by law and be necessary for respect of the rights or reputation of others, for the protection of national security or of public order (ordre public), or of public health or morals’.[2] (See *interference with the right to freedom of opinion and expression*). Licensing requirements for journalists violate freedom of expression.[3] The European Resolution on Journalistic Freedoms and Human Rights calls for unrestricted access to the journalistic profession.[4] As such, mandatory membership in a professional association for the practice of journalism could not be justified if such compulsory membership denied them full access to the news media in order to express their views and transmit information.[5] Similarly, the ACmHPR has ruled that mandatory requirements of accreditation for the exercise of journalism constitute a violation of freedom of expression.[6] Technical registration systems are permissible for print media and broadcasters may be required to obtain license to operate. Whenever there are licensing and registration requirements, such arrangements must be open and transparent and not impose unwarranted restrictions on the establishment and operation of the media in line with the right of the public to information. (See *access to information*). The ECtHR has held that ‘refusal to register the title of a periodical [on account of the proposed name of the periodicals] amounts to prohibiting its publication’ in violation of freedom of expression.[7] The revocation or suspension of licenses or registration, just like the refusal to register or grant license, are extreme measures rarely acceptable and should be resorted to cautiously. State monopolies constitute a prohibition on other media from operating and can be justified only in highly exceptional cases. (See *equitable access to the media*).
[1] See also art 9 ACHPR; art 13 IACHR; art 10 ECHR. [2] There must be a pressing social need and not merely ‘useful’, ‘reasonable’, or ‘desirable’ restrictions – see Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, Advisory Opinion OC-5/85 of 13 Nov. 1985, Series A No. 5. Para 46); and Case of the Observer and Guardian v the United Kingdom (ECtHR 1991) para 59(c). [3] HRC Concluding Observations: The Gambia, CCPR/CO/75/GMB (HRC, 2004), para 19. [4]Resolution on Journalistic Freedoms and Human Rights, adopted at the 4th European Ministerial Conference on Mass Media Policy (Prague, 7-8 December 1994) (Principle 3(a)) [5]Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism Advisory Opinion OC-5/85 of 13 Nov. 1985, Series A No. 5). [6]Scanlen and Holderness v Zimbabwe communication 297/2005 (ACHPR 2009). [7]Gaweda v Poland application 26229/95 (ECtHR 2002)
Condensed entry:
Prohibiting media from operating results from (a) refusal to register or grant licenses; (b) revocation of registration or license; (c) banning media; or (d) state monopolies on any form of media. Prohibiting media from operating constitutes a limitation on freedom of expression in article 19 of the ICCPR and hence must be provided by law and be necessary for respect of the rights or reputation of others, for the protection of national security or of public order (ordre public), or of public health or morals’.
Freedom of expression rules out licensing requirements for journalists. Technical registration systems are permissible for print media and broadcasters may be required to obtain license to operate. Freedom of expression requires that the procedures of registering or granting license and any possible revocation or suspension of such registration or license must be based on law, justifiable, and necessary and proportional to the goal to be achieved. State monopolies can be justified only in highly exceptional cases.
Comprehensive entry:
Prohibiting media from operating results from (a) refusal to register or grant licenses whenever such are the requirements to operate the media; (b) when the registration or license is revoked subsequently;(c) banning media; or (d) state monopolies on any form of media.
Prohibiting media from operating constitutes a limitation on freedom of expression in article 19 of the ICCPR[1] and hence must be provided by law and be necessary for respect of the rights or reputation of others, for the protection of national security or of public order (ordre public), or of public health or morals’.[2] (See *interference with the right to freedom of opinion and expression*).
Licensing requirements for journalists violate freedom of expression.[3] The European Resolution on Journalistic Freedoms and Human Rights calls for unrestricted access to the journalistic profession.[4] As such, mandatory membership in a professional association for the practice of journalism could not be justified if such compulsory membership denied them full access to the news media in order to express their views and transmit information.[5] Similarly, the ACmHPR has ruled that mandatory requirements of accreditation for the exercise of journalism constitute a violation of freedom of expression.[6]
Technical registration systems are permissible for print media and broadcasters may be required to obtain license to operate. Whenever there are licensing and registration requirements, such arrangements must be open and transparent and not impose unwarranted restrictions on the establishment and operation of the media in line with the right of the public to information. (See *access to information*). The ECtHR has held that ‘refusal to register the title of a periodical [on account of the proposed name of the periodicals] amounts to prohibiting its publication’ in violation of freedom of expression.[7]
The revocation or suspension of licenses or registration, just like the refusal to register or grant license, are extreme measures rarely acceptable and should be resorted to cautiously.
State monopolies constitute a prohibition on other media from operating and can be justified only in highly exceptional cases. (See *equitable access to the media*).
[1] See also art 9 ACHPR; art 13 IACHR; art 10 ECHR.
[2] There must be a pressing social need and not merely ‘useful’, ‘reasonable’, or ‘desirable’ restrictions – see Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, Advisory Opinion OC-5/85 of 13 Nov. 1985, Series A No. 5. Para 46); and Case of the Observer and Guardian v the United Kingdom (ECtHR 1991) para 59(c).
[3] HRC Concluding Observations: The Gambia, CCPR/CO/75/GMB (HRC, 2004), para 19.
[4] Resolution on Journalistic Freedoms and Human Rights, adopted at the 4th European Ministerial Conference on Mass Media Policy (Prague, 7-8 December 1994) (Principle 3(a))
[5]Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism Advisory Opinion OC-5/85 of 13 Nov. 1985, Series A No. 5).
[6] Scanlen and Holderness v Zimbabwe communication 297/2005 (ACHPR 2009).
[7] Gaweda v Poland application 26229/95 (ECtHR 2002)