Global Freedom of Expression, Columbia University: Newsletter, 12 February 2026

Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world.  It maintains an extensive database of international case law. This is its newsletter dealing with recent developments  in the field.

“The more you are in the know, the more you are free,” Jimmy Lai, a Hong Kong businessman and pro-democracy activist, said during his trial in 2024. Apple Daily, the newspaper Lai founded on the eve of Hong Kong’s 1997 handover, launched with the slogan: “An apple a day keeps the lies away.” It grew to be the city’s voice of freedom.

This week, after the 156-day process that put his work as editor and publisher of Apple Daily on trial, a Hong Kong court sentenced Lai to 20 years in prison. The cruelty comes down to numbers: Lai is 78, and after more than five years in custody, his health has declined dramatically. The sentence, essentially, condemns him to death in prison.

“It took decades to build up the Hong Kong legal system to what it was,” Jimmy Lai’s son Sebastien said on Monday. “Within 5 years, this government managed to destroy it.” Lai’s daughter Claire urged state-to-state pressure (Jimmy Lai is a British citizen): “The ultimate arbiter of my father’s cases and his freedom is in Beijing.”

Lai’s sentence follows the 855-page judgment—CGFoE is featuring its analysis below—convicting Lai of conspiracy to commit collusion with foreign forces and sedition. The ruling was deplored widely, including by the UN, G7 states, and the EU. Delayed by two months, Lai’s penalty is the heaviest imposed under Hong Kong’s national security law so far. His six colleagues received 6 to 10 years in prison.

Speaking after the sentencing, Hong Kong Chief Executive John Lee said Lai’s imprisonment “manifests that the rule of law is upheld and justice is done.” Jimmy Lai himself, in turn, reportedly smiled in court. For a man held in solitary, arbitrary detention—and in health that fails him rapidly—a smile is an act of defiance.

Back in 2021, as Apple Daily was being forced to close, thousands in Hong Kong stayed up through the night, waiting for the last edition to come off the press. “[T]his barbaric suppression intimidation works. Hong Kong people are all quieted down,” Lai wrote from prison in response. “But the muted anger they have is not going away.”

Outside the courtroom on Monday, despite the heavy police deployment, dozens queued for hours in support of Lai and Apple Daily. Among them were loyal readers since the newspaper’s founding. At least one supporter was detained.

European Court of Human Rights
Tafzi v. Spain
Decision Date: January 8, 2026
The European Court of Human Rights (ECtHR) held that there had been no violation of the right to respect for private life, finding that the domestic courts had appropriately balanced that right against freedom of expression. The case concerned a civil defamation claim brought by two social educators following the publication of a newspaper article which identified them by name and alleged that, in the course of their work at a centre for unaccompanied and vulnerable minors, they had exposed children to religious practices and forms of Islamic indoctrination associated with Islamist fundamentalism. The Court accepted that the article contributed to a debate of public interest, as it addressed the management of centers for unaccompanied minors and wider societal concerns about radicalization. It recalled that freedom of expression protects not only information that is favorably received, but also expressions that may offend, shock, or disturb. In reviewing the domestic judgments, the Court noted that the national courts examined the content and context of the publication, assessed whether the language used was unnecessarily offensive, and considered whether the journalist had acted with the diligence required by responsible journalism. It reiterated that Article 10 of the European Convention on Human Rights (ECHR) protects journalistic reporting on matters of public concern when carried out in good faith, even where such reporting may adversely affect an individual’s reputation. The ECtHR concluded that the domestic courts conducted the required balancing exercise in line with the criteria established in its case-law and acted within their margin of appreciation. Accordingly, it held that the State had not failed in its positive obligation to protect the applicants’ private life under Article 8 of the ECHR.

Hong Kong
HKSAR v. Lai Chee Ying (Jimmy Lai)
Decision Date: December 15, 2025
The High Court of the Hong Kong Special Administrative Region Court of First Instance held that Jimmy Lai Chee-ying and related defendants were criminally liable for conspiratorial conduct carried out through expressive media activities. The case concerned the use of the newspaper Apple Daily as a platform for sustained political expression, raising the issue of when journalistic and editorial activity ceased to be constitutionally protected speech and instead constituted criminal conspiracy, particularly in relation to the publication of allegedly seditious materials and the solicitation of foreign intervention. The Court reasoned that freedom of expression, while fundamental, was not absolute—and that where expressive acts were organized, coordinated, and sustained pursuant to an agreement with the intention to “excite disaffection” in order to undermine the legitimacy of the authorities or to request hostile foreign intervention, they fell outside constitutional protection. It emphasized conspiracy principles, focusing on agreement, intent, and continuity, to conclude that the cumulative editorial stance, institutional coordination, and corporate influence demonstrated a common criminal design rather than mere dissenting expression. The Court therefore convicted Jimmy Lai on all relevant counts and other defendants on the applicable charges, leaving punishment to be determined under the sentencing framework of the Crimes Ordinance and the National Security Law.

Inter-American Court of Human Rights
Ascencio v. Mexico
Decision Date: September 30, 2025
The Inter-American Court of Human Rights held that Mexico did not violate the right of access to information under Article 13 of the American Convention by denying attorney B.J. effective access to the criminal case file concerning the death of Ms. Ernestina Ascencio Rosario, who, before her death, alleged that she had been sexually assaulted by soldiers. The Inter-American Commission on Human Rights argued that Mexico failed to provide sufficient reasons to justify keeping the case file confidential. Mexico contended that the restrictions on access were lawful, necessary, and proportionate, and that in 2022 it delivered a more extensive version of the criminal file in which only the personal data of those involved were redacted. The Court reaffirmed the principle of maximum disclosure in access-to-information matters and the duty to provide reasons for any denial of such requests. It also specified the legal standards States must meet when assessing requests for access to judicial information related to sexual violence, emphasizing that confidentiality cannot be used to evade investigative obligations in cases involving human rights violations. Nevertheless, the Court concluded that it lacked sufficient elements to determine whether Mexico’s conduct violated Article 13 because neither party submitted the complete file that had been requested. Accordingly, the Court declined to hold Mexico internationally responsible for the alleged violation of the right of access to information, while consolidating relevant standards for future cases.

CGFoE Associate Director at MENA Rounds of Oxford Price Media Moot in Egypt. CGFoE continues to strengthen its partnership with Oxford University’s Price Media Law Moot Court. Last week, Associate Director Dr. Hawley Johnson visited Cairo, Egypt, as a prominent guest, speaker, and judge at the competition’s Middle East and North Africa rounds. “In light of the emerging threats to freedom of expression globally, the need for this media law moot court could not be greater,” Dr. Johnson said in her opening remarks. Together with legal researchers Ibrahim Sabra, Lama Elias Achkar, and Mustafa Hammam, Dr. Johnson delivered a presentation on threats to academic freedom in the United States. The panel addressed the targeting of universities and students for their pro-Palestinian political speech by the Trump administration, drawing from AAUP v. Rubio, Mahdawi v. Trump, and In the Matter of Mahmoud Khalil, as well as two Harvard cases involving the Department of Health and Human Services and the Department of Homeland Security. Learn more about the trip and collaboration here.

● Hong Kong: Conviction of “Wanted” Activist’s Father a “Disturbing Escalation.” Amnesty International decries the conviction of the father of Anna Kwok, a US-based pro-democracy activist wanted in Hong Kong for “colluding with foreign forces.” Kwok’s father’s alleged offense is an attempt to access funds linked to an “absconder.” Amnesty notes the case marks the first time a relative of a “wanted” pro-democracy activist based overseas has been convicted under Hong Kong’s national security laws. “This apparently politically motivated conviction […] sets a dangerous precedent, designed to terrify and silence others who continue to speak out about Hong Kong issues from overseas,” said Joey Siu of Amnesty International.

● Hong Kong: Trial of Tiananmen Activists. Hong Kong Free Press (HKFP) reports on the ongoing—and long-awaited—national security trial of three Tiananmen vigil organizers and their group, the disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China. “For the first time in Hong Kong’s history,” HKFP writes, “the court will examine whether calls to end one-party rule are illegal.” The activists Lee Cheuk-yan, Chow Hang-tung, and Albert Ho are being accused of inciting subversion under the national security law and face up to ten years in prison. The prosecution argues the Alliance had long sought the end of the Chinese Communist Party rule.

● China: Two Journalists Held after Reporting on Corruption. The Committee to Protect Journalists (CPJ) calls for the release of independent journalists Liu Hu and Wu Yingjiao, detained for exposing corruption. The journalists’ report, published on social media WeChat and now removed, concerned an official in Sichuan province. According to Chengdu police, the journalists are facing charges of “making false accusations” and running “illegal business operations.” Liu had been detained before, in connection with another report about an official’s wrongdoing. “China cannot claim to be serious about cracking down on corruption and at the same time target journalists who expose wrongdoing,” said Beh Lih Yi of CPJ.

● New Report: Tightening the Net: China’s Infrastructure of Oppression in Iran. In the aftermath of Iran’s brutal crackdown on protests, experts suggest the deployment of Russian and Chinese technology helped the regime execute a near-total internet blackout. ARTICLE 19’s report digs deeper: China’s support since at least 2010 has facilitated “the creation of the infrastructure of oppression in Iran.” ARTICLE 19 underscores the role of China’s “cyber sovereignty” doctrine and shows that, notwithstanding international sanctions, Chinese companies like ZTE, Huawei, Tiandy, and Hikvisi have been supplying surveillance technologies to Iran, aiding the regime in the perpetration of gross human rights violations.

● Call for Applications: Special Rapporteur on Freedom of Opinion and Expression. The UN Human Rights Council welcomes submissions of candidates for the position of Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The deadline is March 24. Learn more here.

● Job Vacancy: Head of HR, People & Culture at Systemic Justice. Systemic Justice, an NGO leading community-driven litigation for racial, social, and economic justice, is hiring an EU-based Head of HR, People, and Culture. Apply by February 22 here.

This newsletter is reproduced with the permission of Global Freedom of Expression.  For an archive of previous newsletters, see here.