Commonwealth Member States Urged to Abolish Laws that Criminalise Legitimate Expressions of Public Opinion

Hon Shirley Botchwey, Secretary-General of the Commonwealth
3 min read

The 56 Commonwealth member states have been called upon to urgently repeal laws that criminalise legitimate public speech and unduly restrict the right to freedom of expression. This call was made in a research report published on September 9, 2025, by three human rights and professional bodies linked to the international association, namely the Commonwealth Human Rights Initiative (CHRI), the Commonwealth Journalists Association (CJA), and the Commonwealth Lawyers Association (CLA).

The report highlights that restrictive national laws across many Commonwealth countries continue to undermine press freedom and limit citizens’ ability to express their views openly. It urges member states to take immediate action to align their legal frameworks with international human rights standards and to ensure the protection of journalists, media workers, and others who play a vital role in promoting transparency and accountability.

Meanwhile, in a major milestone for press freedom, Commonwealth leaders adopted a set of guidelines on freedom of expression and the media’s role in good governance during their summit in Samoa in October 2024. This decision marked the culmination of an eight-year campaign of advocacy and consultation led by grassroots organisations affiliated with the Commonwealth. The new guidelines reaffirm the organisation’s commitment to upholding democratic values, transparency, and accountability through the protection of free and independent media.

The research report titled: “Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth”, reveals that criminal provisions for speech offences, including defamation, sedition, and alleged breaches of national security laws, are often misused to intimidate and silence journalists, human rights defenders, and critics of government. The report stresses that decriminalising defamation laws in 41 Commonwealth countries should be a key priority, as many of these laws currently allow for harsh penalties, including long prison sentences.

The report draws on an extensive analysis of national legal frameworks and includes testimonies from more than 30 senior journalists and 35 lawyers across Africa, Asia, the Americas and the Caribbean, Europe, and the Pacific. It concludes that years of limited action by the Commonwealth have contributed to the persistent challenges facing freedom of expression and the rule of law in several member states. The findings underscore the urgent need for stronger institutional commitments and reforms to ensure that media workers and civil society actors can operate without fear or interference.

To address these concerns, the report calls on the Commonwealth Secretariat and member states to work collaboratively with non-governmental organisations to implement the 11-point Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance adopted in Samoa. These principles urge governments to foster a safe and enabling environment for journalists, review restrictive domestic laws, and promote free speech online and offline. The report also recommends that the Commonwealth Ministerial Action Group (CMAG) strengthen its oversight role and that a Commonwealth Envoy on Freedom of Expression be appointed to champion these reforms across all regions.

The report concludes that the protection of freedom of expression and the safety of journalists is essential to the health of democracy and good governance within the Commonwealth. It calls on member states to move beyond commitments on paper and take concrete steps toward legal and institutional reform. By repealing outdated laws that criminalise speech, prosecuting those who attack journalists, and upholding the newly adopted Media Principles, the Commonwealth can reaffirm its founding values of justice, equality, and human rights, and set a global example in defending the fundamental right to speak freely.