CLA News / Commonwealth Report Warns: Outdated Laws Threaten Free Speech and Media Safety
A landmark report Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth, launched last week has issued a stark warning to Commonwealth governments: outdated and repressive laws continue to choke press freedom and endanger those who perform essential watchdog roles.
The report, Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth, is the result of a collaboration between three Commonwealth Accredited Organisations: the Commonwealth Human Rights Initiative (CHRI), the Commonwealth Journalists Association (CJA), and the Commonwealth Lawyers Association (CLA). Among those centrally involved was Sophie Stanbrook, CLA Vice President (Americas) and co-convener of the CLA’s Human Rights Committee, who stressed the importance of legal reform in protecting fundamental freedoms.
Report Findings
Drawing on legal analysis and testimony from more than 65 journalists and lawyers across the Commonwealth, the report exposes widespread misuse of criminal laws to silence dissent. Key findings include:
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213 journalists killed in 19 Commonwealth countries between 2006 and 2023, with a staggering 96% of cases unpunished, according to UNESCO data.
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41 Commonwealth countries still impose criminal penalties for defamation.
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48 retain sedition laws.
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37 enforce blasphemy-like legislation.
The authors warn that many of these provisions, often colonial-era in origin, are arbitrarily applied to intimidate or silence journalists, civil society actors, and government critics.
A Culture of Impunity
Speaking on behalf of the Commonwealth Journalists Association, William Horsley condemned governments’ failure to protect those who report the truth:
“The almost complete failure of Commonwealth countries to prosecute and punish those responsible for the killings of over 200 journalists in 20 years is shameful. This culture of impunity must be swept away. A genuine Commonwealth engagement to protect the truth-tellers from threats and reprisals would give the organisation a vital new sense of purpose at a time when the concept of truth is under fierce attack.”
A New Commonwealth Mandate
The release of Who Controls the Narrative? comes less than a year after Commonwealth leaders adopted the Media Principles on Freedom of Expression and the Role of the Media in Good Governance at their 2024 Samoa summit. This landmark decision, the result of nearly a decade of civil society advocacy, commits governments to creating safe environments for free expression and reviewing restrictive domestic laws.
Yet, the report cautions that unless member states act quickly to align national laws with these principles, the Commonwealth risks undermining its credibility.
Calls to Action
The CHRI, CJA, and CLA are urging the Commonwealth Secretariat, member governments, and civil society to:
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Repeal criminal provisions for speech offences, including defamation and sedition, in line with international best practice.
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Collaborate with UNESCO and human rights organisations to monitor implementation of the Media Principles.
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Strengthen institutional safeguards, including reforming the Commonwealth Ministerial Action Group (CMAG) and appointing a Commonwealth Envoy on Freedom of Expression.
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Prioritise civil and political rights as a core strategic goal across all member countries.
Sophie Stanbrook emphasised the role of the legal community in driving reform:
“Laws that criminalise legitimate speech have no place in a modern Commonwealth. They are not only incompatible with international human rights standards but also corrosive to democracy and public trust. Lawyers, journalists, and civil society must work together with governments to dismantle these outdated provisions and build legal systems that protect free expression and safeguard those who speak truth to power. But this is not just about outdated laws, it is also about challenging more recent laws brought in to tackle the new cyber era, whose provisions can and have been used to curb free speech”
Sneh Aurora, Director of CHRI, echoed the urgency of reform:
“Too many Commonwealth countries continue to enforce colonial-era laws that criminalise speech and silence dissent, in clear violation of their international obligations. The Media Principles adopted by Heads of Government in Samoa provide a timely opportunity for Member States to take concrete steps—through law reform and institutional safeguards—to protect freedom of expression and align national laws with international human rights standards.”
A Defining Test for the Commonwealth
The report makes clear that the credibility of the Commonwealth’s 56 members depends on their willingness to confront entrenched patterns of censorship, intimidation, and impunity. Protecting truth-tellers, repealing outdated laws, and upholding international human rights standards, it argues, are no longer optional—they are a defining test of the Commonwealth’s commitment to democracy and good governance.
Published: 9th September 2025
