The state in many countries plays a prominent role in curtailing freedom of the media and of expression. Governments, in democratic as well as authoritarian countries, are deploying defamation laws, prevention of terrorism laws, blasphemy and “hate speech” laws to curb freedom of expression and stymie media freedom. Non-state actors, including militant Islamists, criminal gangs and vested interests also pose a growing threat to free speech, using intimidation, threats, violence and murder. Freedom of expression is also under threat from those who claim the right not to be o ended. This is leading to growing calls for “safe spaces”, “trigger warnings”, “hate speech” laws, no-platforming, tabloid newspaper bans and the policing of the internet to cleanse it of “o ensive” content...
...It is not just the usual suspects, however, who have been undermining media freedom. Western governments have introduced curbs on freedom of expression and restrictions on the electronic and print media, citing national security, the need to protect data privacy, the alleged preponderance of “fake news” and the spread of o ensive material on social media platforms. The UK and France have both paved the way for potential infringements of media freedom in the name of increased security. France criminalised “the defence of terrorism” in 2014 and has since enforced the law more stringently with every successive terrorist attack. In November 2017 France incorporated into law ( in the form of a new counter-terrorism bill) many state-of-emergency powers, including giving the state the power to shut down places of worship for up to six months if it detects ideas, theories, sermons or activities that encourage or cause violence or acts of terrorism in France or abroad. The law has been widely criticised for its potential to undermine civil liberties, including freedom of expression.
The UK’s anti-terror laws have also been widely criticised for curbing the exercise of freedom of expression in the name of protecting public order and national security. A vague and wide de nition of the term terrorism means that the law can be deployed to clamp down on a wide range of social and political protests. For example, recent legislation outlaws “indirect encouragement” or “other inducement” of terrorism. These imprecise and broad prohibitions have the potential to criminalise freedom of expression and could curb debate about issues of public interest.
An obsession with surveillance and a professed concern about violations of the right to the con dentiality of sources have also hobbled the media in several countries. The UK introduced a new data protection bill to parliament in December 2017 that will almost certainly undermine the ability of journalists to pursue investigative and public interest reporting. Clause 164 of the bill gives those being investigated the right to delay or stop journalistic reports before they are shown or published. At the same time the UK has passed one of the most draconian surveillance laws of any democracy, seriously undermining the rights of its citizens to privacy and freedom of expression.