Training Manual for Judges on International Standards on Freedom of Opinion and Expression

"Freedom of expression is a foundational right and a key prerequisite for a flourishing democracy. By guaranteeing the free exchange of information and ideas, it ensures that robust public debate about matters of public importance can occur."

This training manual is designed to promote freedom of expression in Jordan by helping judges integrate international standards related to freedom of expression into their decisions. Six training modules cover the general principles and scope of freedom of expression, the limitations on the right to freedom of expression, the right of access to information, issues around the safety of journalists, and challenges created by the digital world. Overall, the training outlined in the manual seeks to raise the awareness of judicial actors on the legal protection and rights of journalists under international law, particularly addressing the threats, attacks, and killings of journalists.

As explained in the manual, "Most countries now guarantee the right to freedom of expression in their constitutions but respecting this right in practice can still be a struggle around the world. In Jordan as well, constitutional guarantees for freedom of expression do not translate perfectly into respect for freedom of expression either in the law or in practice. In this context, the Toolkit seeks to provide an overview of international standards relating to freedom of expression, with the aim of promoting access to these standards by judicial actors in Jordan."

The manual was prepared by the Centre for Law and Democracy (CLD) in collaboration with IMS (International Media Support), the United Nations Educational, Scientific and Cultural Organization (UNESCO), and the Judicial Institute of Jordan. Piloted at a training of judges in Amman, Jordan in September-October 2021, it forms part of a broader effort by UNESCO, which started in Latin America in 2013 and was then expanded to Africa in 2017, to strengthen the capacity of judges and other judicial actors to protect and promote freedom of expression. (See Related Summaries below for more information related to these initiatives.)

While this manual is primarily intended for judges, it may prove insightful for other members of the Jordanian government, civil society, and the general public, particularly those who are interested in promoting freedom of expression within the country.

The manual is divided into the following six modules, each including learning objectives, discussion points, examples, and case studies:

1. International and National Guarantees of Freedom of Expression - introduces the right to freedom of expression as it is guaranteed in international human rights law, including in human rights treaties, as further elaborated upon by other sources of international law.
2. The Legitimate Scope of Criminal and Civil Law Restrictions on the Right to Freedom of Expression - examines the complicated question of what restrictions on freedom of expression are permitted under international law. It outlines a three-part test for whether a restriction on freedom of expression is legitimate and examines the application of that test in a number of specific areas, such as hate speech, defamation, national security, and the administration of justice. These sections provide an overview of the leading decisions in these areas by international courts.
3. Legal Resolution of Attacks on Freedom of Expression - addresses the all-too-common challenge of attacks that seek to silence those exercising their right to freedom of expression, sometimes referred to as "censorship by killing". It focuses on States' obligations to prevent such attacks by private parties, to provide protection to those who are at risk of being attacked, and to ensure that, where attacks do occur, those responsible are brought to justice.
4. The Right to Access Public Information - explores the right to access information held by the government (public authorities). Over the last two decades, this right has come to be recognised globally as an integral part of the wider right to freedom of expression. As of the time of publication, nearly 130 countries have adopted right to information laws, and there is an increasingly clear and detailed set of international standards governing what constitutes a strong right to information law.
5. Media Regulation to Promote Free, Independent and Diverse Media - outlines general principles governing the regulation of the media, including the need for regulatory bodies to be independent and transparent, the overriding objective of promoting media diversity, and the need to avoid censorship and to respect editorial independence. The module then looks at the implications of international guarantees for freedom of expression for the regulation of different media sectors - specifically, journalists, print media, broadcasters, and public service media.
6. Regulating Freedom of Expression in the Digital Era - explores new challenges to protecting freedom of expression in the digital age. These challenges are multifaceted and prone to rapid change as new technologies and new means of communication emerge. However, some recurrent legal issues can be identified. This module surveys some of these issues, including internet shutdowns, content restrictions, blocking and filtering, privacy concerns, the role of intermediaries, jurisdiction, encryption, and anonymity and access to the internet.

The annexes contain common questions and answers, exercises to support the training, and additional resources.