HRC59: Freedom of Expression in Crisis, a Risk for Democracy
The 59th Session of the Human Rights Council
16 June -09 July 2025
Item 3: Interactive dialogue with the Special Rapporteur on freedom of expression
18 June 2025
By Skye Visser / GICJ
Executive summary
“Freedom of expression is one of the most valuable rights,” emphasised the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Ms. Irene Khan, during the interactive dialogue at the 6th meeting of the 59th session of the Human Rights Council on 18 June 2025.
The Special Rapporteur expressed the urgent need for states and their institutions to protect freedom of expression as it is the central pillar of democratic societies and a guarantor of a free and fair election process. However, the rise of digital technology and the spread of information manipulation in politically polarised contexts have created serious threats to democracy.
Across the session, many member states reaffirmed their commitment to this fundamental freedom as essential to safeguarding democratic processes. Despite these challenges, many states have expressed a strong commitment to implementing, upholding, and even expanding freedom of speech. However, other delegations repeatedly dismissed Ms. Khan's claims as biased and politically motivated. Despite broad consensus on the fundamental importance of freedom of expression, the Council revealed sharp geopolitical divides over how this right should be interpreted and enforced. Some delegations advocated for balanced and inclusive approaches that uphold transparency, digital literacy, and media freedom, particularly in electoral contexts. Others, however, expressed skepticism toward prevailing regulatory frameworks, arguing that they are often applied selectively or fail to adequately protect certain perspectives and communities. These divergent views underscore the complexity of advancing freedom of expression in an increasingly polarised and digitally mediated global environment.These tensions underscore the global challenge of protecting freedom of expression in a rapidly changing digital environment.
As the Human Rights Council continues its work, the dialogue reinforced the idea that protecting freedom of expression while navigating the legitimate concerns of disinformation and hate speech requires sustained cooperation, principled leadership, and an unwavering commitment to international human rights standards.
Geneva International Centre for Justice (GICJ) affirms that freedom of opinion and expression is a fundamental human right and a cornerstone of democratic society. As enshrined in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), this right empowers individuals to seek, receive, and impart information freely. In light of the Special Rapporteur’s findings, GICJ echoes deep concern about the global erosion of the right of freedom of expression, particularly through disinformation campaigns, hate speech, and state-sponsored efforts to suppress dissenting voices during elections. GICJ supports the Rapporteur’s position that states must refrain from using misinformation control as a pretext to silence political opposition or marginalised communities.
Background
Freedom of expression remains a foundational pillar of democratic societies and a precondition for the enjoyment of other human rights, including freedom of assembly, access to information, and participation in public affairs. Recognising the centrality of this right, the United Nations Human Rights Council (HRC) maintains an ongoing dialogue with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The current mandate, reaffirmed by HRC resolution 52/9 in March 2023, reflects the Council’s continuing concern over global threats to free expression, both offline and online.
Established initially by the United Nations Commission on Human Rights in 1993, the Special Rapporteur’s mandate was transferred to the Human Rights Council upon its creation and has since been regularly renewed. The mandate tasks the Special Rapporteur with monitoring violations of the right to freedom of opinion and expression, identifying emerging trends and challenges, and providing recommendations to states and other stakeholders in line with international human rights standards. These functions have become particularly crucial as digital technologies continue to evolve and reshape public discourse.
The interactive dialogue during the present session of the Human Rights Council will provide a platform for Member States and observers to engage with Ms. Khan’s most recent findings. Key issues relating to freedom of opinion and expression include state surveillance, censorship, digital platform accountability, and the disproportionate impact of expression-related restrictions on marginalised groups. This dialogue occurs in the context of mounting global concern over the use of vague national security laws, criminal defamation, internet shutdowns, and algorithmic bias to curtail expression.
The session is not only a procedural checkpoint for mandate reporting, but also an important space for diplomatic engagement on how states can uphold their obligations under Article 19 of the International Covenant on Civil and Political Rights (ICCPR). Renewed commitments to protect media freedom are needed to ensure that new technologies serve, rather than suppress, the right to freedom of expression.
Summary of the Report of the UN Special Rapporteur on Freedom of Expression
The Special Rapporteur’s report explores the critical intersection between freedom of expression and electoral integrity, emphasising that the decline of free expression directly undermines public trust in elections and democratic governance. The report opens by stating that without “open and accurate information’’ citizens cannot make informed decisions, and democratic processes become vulnerable to manipulation. It identifies a significant global erosion of this right, exacerbated by populist and authoritarian actors who deliberately spread disinformation, restrict media freedom, and silence dissent. These actions are especially dangerous in electoral contexts, where voters are misled, opposition voices suppressed, and public confidence destabilised.
Disinformation and Marginalisation in Elections
A major focus of the report is the manipulation of electoral information. Information disorders, including misinformation, disinformation, and hate speech are increasingly homegrown, though occasionally influenced by foreign actors. The objective is to delegitimise opponents, erode democratic institutions, and exclude minority voices. The report underscores that women, minorities, migrants and other vulnerable groups are frequent targets, often subjected to dehumanising language and violent threats. Politicians themselves are sometimes responsible for spreading divisive content, exploiting social frustrations to radicalise voters and weaken electoral participation.
The Role of Social Media and AI in Undermining Elections
The rise of digital platforms and social media has amplified these trends, as stated in the Special Rapporteur’s report. Social media is now the main source of news in many regions, surpassing traditional television and print. Politicians use platforms like WhatsApp, Telegram, Discord, and Twitch to directly communicate with voters, bypassing fact-checked channels. A new actor, “the influencer’’ , has emerged, wielding substantial political influence without being bound by journalistic ethics. The report raises alarm over the potential misuse of generative artificial intelligence to further spread falsehoods and manipulate electoral narratives, especially among vulnerable groups like youth and first-time voters.
Attacks on Journalists
The report also details the rapid decline in media freedom. Journalists face harassment, censorship, and violence from both state and non-state actors. Governments discredit critical media as fake news, while media ownership becomes concentrated in the hands of politically aligned elites or wealthy individuals. This concentration restricts pluralism, promotes echo chambers, and undermines democratic debate. The economic fragility of independent media further exposes journalists, particularly women, to threats and silencing.
Targeting of Women
The Special Rapporteur illustrates how women journalists are often singled out for misogynistic harassment, online stalking, and reputational smears, simply for doing their jobs. These gendered attacks are intended not just to punish individuals but to deter the broader participation of women in public and political discourse. The result is a chilling effect that shrinks the civic space available to women and undermines democratic diversity.
State and Corporate Responsibility
Finally, the Special Rapporteur reviews the responsibilities of both states and companies in protecting freedom of expression. States must ensure that any restrictions comply with Article 19(3) of the ICCPR and must not use disinformation laws as tools of repression. Good practices include transparent regulation, media literacy campaigns, and empowered electoral bodies capable of swiftly countering falsehoods. At the same time, companies are urged to uphold human rights in line with the UN Guiding Principles on Business and Human Rights. The report criticises tech platforms for backsliding on content moderation and prioritising profit over electoral integrity. It concludes with strong recommendations to both state and corporate actors, aimed at restoring freedom of expression as a precondition for credible, inclusive, and democratic elections.
Interactive Dialogue
During the 6th meeting of the 59th session of the Human Rights Council, diverse national perspectives emerged on the state of freedom of expression in democratic societies.
The representative of Estonia, speaking on behalf of 49 member states of the Media Coalition, underscored the centrality of free expression as a pillar of democracy, condemning internet shutdowns and disinformation while warning that electoral integrity must not be protected at the expense of open public discourse.
The representative of India echoed this sentiment, presenting free expression and elections as “mutually reinforcing pillars” and highlighting the peaceful 2024 general elections as a testament to its commitment, while also recognising the dangers posed by hate speech and misinformation.
The delegate of Rwanda emphasised the importance of digital literacy and media training, especially in electoral contexts, to ensure access to reliable information and counter disinformation.
The delegate of Ghana, speaking on behalf of the Group of African States, reaffirmed their strong commitment to upholding, implementing, and expanding freedom of expression.
Yet a clear divide emerged in the Council.
The representative of Russia challenged what it described as Western double standards, accusing certain governments of using the fight against disinformation as a pretext to silence alternative viewpoints, framing such restrictions as “egregious violations” of genuine free speech.
The representative of China denounced what she described as “gratuitous attacks” by Western states on Chinese media, asserting that China firmly upholds freedom of the press, as evidenced by the existence of over 5,000 media outlets across the country. Inviting states to reflect on the challenges within their own borders before casting judgment on others, the representative urged an end to external interference, adding that the Special Rapporteur should equally consider the broader context in which such critiques arise.
Statements by NGOs and Civil Society
Civil society organisations and numerous NGOs strongly emphasised the urgent need to protect the right to freedom of expression. They raised alarm over a growing pattern whereby, in the context of recent elections, some governments have weaponised misinformation, censorship, and information distortion to silence dissent. Authorities also have used electoral periods as an excuse to fine, ban, and block media outlets, stifle opposition voices, and impose pressure on independent journalists. They argued that genuine democratic governance is impossible without media actors being able to report without fear or interference. Freedom of press is a critical pillar of transparency and accountability, and its erosion poses a fundamental threat to public trust.
Additionally, the organisations condemned the growing use of force and digital censorship to suppress public protest. In many cases, protests have been violently repressed, online platforms restricted, and activists silenced, all of which represent blatant violations of the right to freedom of expression. These repressive tactics not only undermine civic space but inflict lasting psychological trauma on affected communities. Particular concern was raised regarding the treatment of indigenous peoples, religious minorities, and other vulnerable groups, who often face targeted threats, stigmatisation, and extrajudicial repression. The speakers called on states to listen to the voices of victims and ensure accountability for such abuses.
They urged governments to cease using elections as a tool to delegitimise civil society and to uphold international commitments to protect the rights of all people, especially those most at risk of marginalisation.
Concluding remarks
To conclude the interactive dialogue, the Special Rapporteur, Ms. Irene Khan, reaffirmed that freedom of expression remains a cornerstone of democratic life and a non-negotiable right in electoral contexts. Her report offered a sobering analysis of the erosion of this right through disinformation, digital manipulation, censorship, and gender-based attacks especially in the lead-up to elections. The Special Rapporteur’s call for rights-based responses resonated with many states that emphasised transparency, media freedom, and digital accountability.
At the same time, she urged both governments and corporations to fulfill their obligations under international human rights law and the UN Guiding Principles on Business and Human Rights. In particular, the report drew attention to the need for urgent protection of vulnerable groups including women journalists, minorities, and first-time voters whose ability to participate in democratic processes is increasingly under threat.
Despite broad consensus on the fundamental importance of freedom of expression, the Council revealed sharp divides over how this right should be interpreted and enforced. Some delegations advocated for balanced and inclusive approaches that uphold transparency, digital literacy, and media freedom, particularly in electoral contexts. Others, however, expressed skepticism toward prevailing regulatory frameworks, arguing that they are often applied selectively or fail to adequately protect certain perspectives and communities. These divergent views underscore the complexity of advancing freedom of expression in an increasingly polarised and digitally mediated global environment, and protecting expression in a rapidly changing digital environment. As the Human Rights Council continues its work, the dialogue reinforced the idea that protecting freedom of expression while navigating the legitimate concerns of disinformation and hate speech requires sustained cooperation, principled leadership, and an unwavering commitment to international human rights standards.
In her concluding remarks, the Special Rapporteur, Irene Khan, emphasised the critical need to combat impunity for crimes committed against journalists, reminding states that journalism is not a crime and that protecting journalists is fundamental to safeguarding democracy. She cautioned against the dangerous trend of political leaders spreading false claims about journalists, which fuels insecurity and delegitimises the press. Ms. Khan urged governments to work alongside the Human Rights Council to explore concrete ways of strengthening the media sector and ensuring its independence and resilience.
She also called on technology companies to uphold transparency, particularly in the design and deployment of algorithms that influence public access to information. Highlighting the importance of a healthy information ecosystem, she advocated for smart social media regulation, improved digital media literacy, and the establishment of strong, independent fact-checking bodies. In the context of elections, the Special Rapporteur recommended that governments and companies conduct pre-election “stress tests” to identify potential vulnerabilities in information systems and better anticipate threats such as foreign interference and disinformation campaigns.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) affirms that freedom of opinion and expression is a fundamental human right and a cornerstone of democratic society. As enshrined in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), this right empowers individuals to seek, receive, and impart information freely. For GICJ, safeguarding this right is essential not only for the realisation of other civil and political rights but also for ensuring transparency, accountability, and participatory governance. In light of the Special Rapporteur’s findings, GICJ echoes deep concern about the global erosion of this right, particularly through disinformation campaigns, hate speech, and state-sponsored efforts to suppress dissenting voices during elections. GICJ supports the Rapporteur’s position that any limitation on expression must be lawful, necessary, and proportionate, and that states must refrain from using misinformation control as a pretext to silence political opposition or marginalised communities.
GICJ stresses that a free, independent, and pluralistic media is essential to countering disinformation and ensuring well-informed public discourse, especially in electoral contexts. The organisation is deeply concerned by the rise in threats, intimidation, and violence against journalists, human rights defenders, and civil society actors particularly women and minority journalists, who face intersecting forms of online harassment and gender-based violence designed to silence and exclude them. At the same time, the concentration of media ownership among politically aligned or economically powerful actors further restricts pluralism and undermines democratic engagement. In the digital sphere, GICJ recognises that while new technologies have opened up avenues for civic participation, they have also enabled the unchecked spread of hate speech, disinformation, and algorithm-driven manipulation. GICJ urges both states and companies to uphold their responsibilities: states must repeal laws that criminalise legitimate journalism and foster safe environments for media workers, while companies, especially large tech platforms, must respect the UN Guiding Principles on Business and Human Rights by ensuring transparency, resisting censorship for political gain, and placing user safety and democratic integrity above profit. GICJ fully supports the Special Rapporteur’s call for stronger digital regulation and reaffirms its commitment to advancing a global information ecosystem grounded in openness, ethics, and the protection of all voices, especially the most vulnerable.
