Punitive laws impede free speech in Commonwealth nations: report

Sat, September 13, 2025

A report published by the Commonwealth Human Rights Initiative (CHRI) on Tuesday found that national laws in many Commonwealth member countries severely impede press freedom and unduly restrict the right to freedom of expression

A press release stated that the CHRI, the Commonwealth Journalists Association (CJA) and the Commonwealth Lawyers Association (CLA) called on member states to urgently repeal “laws that criminalise legitimate public speech” and take decisive action to protect media workers and watchdogs from violence and intimidation.

“The report Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth finds that criminal provisions for speech offences, including defamation and sedition, as well as violations of national security laws, are arbitrarily applied to intimidate and silence journalists, human rights defenders, and government critics,” the press release read.

As part of its recommendations, the report urged the following:

Strengthen legal frameworks

• Align national legal frameworks with international human rights standards. Any restrictions on freedom of expression should comply with international human rights law
• Ratify and implement international treaties, including the International Covenant on Civil and Political Rights (ICCPR)
• Enact robust right to information legislation
• Enact appropriate defences to defamation laws.

Promote judicial independence, due process guarantees, and access to justice

• Strengthen judicial independence
• Combat impunity
• Ensure access to effective remedies and that due process and fair trial guarantees are clearly set out in law and respected in practice
• Adopt anti-Slapp (Strategic Lawsuit Against Public Participation) measures

Ensure media pluralism and protect digital rights

• Establish and maintain independent media regulatory and oversight bodies
• Promote media pluralism
• Refrain from imposing internet or communications shutdowns or censorship of critical voices
• Support digital literacy
• Ensure online platforms abide with their human rights responsibilities

Protect journalists and foster a vibrant civil society

• Protect journalists by strengthening national legal frameworks to address journalists’ safety and access to justice
• Create an enabling environment for journalists and for civil society organisations
• Establish safeguards against surveillance and intimidation of journalists.
• Take special measures to protect disproportionately targeted groups, including women journalists
• Support global and regional civil society initiatives
• Protect freedom of association

Establish and strengthen accountability mechanisms

• Strengthen the CMAG
• Strengthen and adequately resource the Commonwealth Secretariat
• Establish a Commonwealth Special Envoy on Freedom of Expression
• Engage with international and regional human rights institutions and mechanisms
• Join and engage with the Media Freedom Coalition

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