Council of Europe Issues New Guidance to Protect Journalists

Council of Europe Issues New Guidance to Protect Journalists

The Council of Europe emphasizes that democratic security—the resilience of democratic institutions, freedoms, and values—serves as the first line of defence against hostile forces.

RMN News Policy Desk
September 11, 2025

STRASBOURG – 10 September 2025 – The Council of Europe has released a critical new Guide aimed at limiting the use of criminal law to restrict freedom of expression across Europe, responding to a growing trend of disproportionate restrictions that pose serious dangers to democratic societies. The move comes amid a sharp rise in the detention and imprisonment of journalists since 2019, as reported by the Platform to promote the protection of journalism and the safety of journalists.

The European Court of Human Rights has repeatedly found that excessive or unjustified limits on freedom of expression not only infringe upon individual rights but also undermine democratic security. In response to this alarming trend, the Council of Europe’s new Guide provides a detailed overview of the European Court of Human Rights’ case-law, underscoring the risks associated with using criminal sanctions to suppress free speech and stifle the plurality of opinions.

While acknowledging that certain forms of speech, such as incitement to violence or hate speech, may justifiably be criminalized, the Guide warns that applying criminal law to less harmful expressions can have a “chilling effect”. Such actions deter individuals from expressing themselves, thereby silencing the critical, dissenting, or unpopular voices that are vital for a healthy democracy.

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Alain Berset, Secretary General of the Council of Europe, highlighted the inherent danger in using “the tools of democracy itself – its laws, institutions, and freedoms – to restrict rights, suppress dissent … or stifle criticism”. He further cautioned against “trading democratic security for the security of democracy, without even realising it”.

European states have an obligation, supported by the Council of Europe, to uphold human rights and freedom of expression, ensuring that individuals can debate freely in the public square without fear of legal repercussions. Freedom of expression, bolstered by an independent and pluralist media, remains a cornerstone of democracy.

The Council of Europe emphasizes that democratic security—the resilience of democratic institutions, freedoms, and values—serves as the first line of defence against hostile forces. To reinforce these foundations in an increasingly challenging environment, the Council has launched the New Democratic Pact for Europe, an inclusive process designed to place democratic values, rather than immoderate use of law, at the heart of Europe’s defence.