Global Freedom of Expression, Columbia University: Newsletter, 3 September 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.

Maltese tycoon Yorgen Fenech has just been acquitted of “complicity” and “criminal association” in the murder of prominent journalist Daphne Caruana Galizia. “The acquittal of the alleged architect of the assassination is another painful moment in the global struggle against impunity for crimes targeting journalists,” said CGFoE Associate Director Hawley Johnson.

Over the past weeks of marathon proceedings, in what was dubbed “Malta’s trial of the century,” dozens of witnesses testified. Alongside a vast body of evidence, the jury heard Fenech, recorded secretly, say, “Our power is the money,” and “What am I going to do, tell the judge I killed her?” Fenech maintains that the mastermind behind the murder is Keith Schembri, the former chief of staff to Malta’s ex-prime minister.

“All the problems I encounter stem from an exact parallel with what in psychology is known as scapegoating,” Daphne Caruana Galizia said in her last interview. “When you look at my story it’s a classic, classic case of scapegoating on a national, nationwide scale.” A fearless, trailblazing journalist, Daphne investigated the powerful and the corrupt. In the days before her murder on October 16, 2017, she was about to uncover large-scale fraud involving Fenech and the office of Malta’s prime minister.

Throughout her work, Daphne has faced dozens of abusive lawsuits, threats, violence, smearing, cyberbullying, surveillance. A public inquiry into her assassination concluded that the Maltese state did not just fail to protect its most attacked journalist—it actively contributed to the “climate of impunity” that enabled her murder. The inquiry provided recommendations for reforms. To this day, most of them are missing.

“Violence against journalists does not end with the act itself,” added Hawley Johnson of CGFoE. “When accountability remains elusive, it erodes public trust in the rule of law and sends a chilling message to those who hold power to account. Protecting freedom of expression requires not only robust legal safeguards for journalists, but effective investigations and meaningful accountability when they are targeted for their work.”

Photo credit: Daphne Caruana Galizia Foundation

“Our country failed to protect Daphne,” the Daphne Caruana Galizia Foundation stressed in a statement. “It owes it to her to prevent other lives being lost.”

At the CGFoE anniversary in 2024, Senior Communications Manager Marija Šajkaš interviewed Daphne’s son Paul Caruana Galizia, the author of A Death in Malta: An Assassination and a Family’s Quest for Justice. Paul discussed the 48 lawsuits brought against Daphne before her murder, the EU Anti-SLAPP Directive, known as Daphne’s law, and the legacy his mother left behind. Revisit the conversation here.

We at CGFoE stand in solidarity with Daphne’s family, who have been tirelessly fighting for justice for Daphne and other journalists facing retaliation due to their work. 

European Court of Human Rights
Kavala v. Türkiye (No. 2)
Decision Date: August 25, 2026
The Grand Chamber of the European Court of Human Rights held that Türkiye violated Osman Kavala’s rights to freedom of expression and peaceful assembly under Articles 10 and 11 of the European Convention on Human Rights by prosecuting, detaining, and convicting him for his alleged role in the 2013 Gezi Park demonstrations. Kavala, a human-rights defender and civil-society actor, received an aggravated life sentence under Article 312 of the Turkish Criminal Code for attempting to overthrow the Government by force and violence. The domestic courts based the conviction principally on his public advocacy, collaboration with civil-society initiatives, provision of meeting space, contacts with domestic and international actors, circulation of information, and logistical support for demonstrators. The Court found that Kavala’s activities fell within the protection of both Articles 10 and 11 of the Convention and that sporadic violence by third parties did not remove that protection provided that his own intentions or behavior remained peaceful. The Court also found violations of Kavala’s rights to liberty and a fair trial. It held that the predominant purpose of the proceedings, detention and conviction was to punish him for his role in the Gezi Park protest movement and his views as a human-rights defender, and to silence him. The Court ordered Türkiye to release him as soon as possible, eliminate the consequences of the conviction and adopt general measures.

United Kingdom
Kearney v. Police Service of Northern Ireland
Decision Date: July 23, 2026
The United Kingdom’s Investigatory Powers Tribunal, an independent judicial body established to hear complaints concerning the unlawful conduct of public authorities, directed MI5 and the Police Service of Northern Ireland (PSNI) to pay £20,000 in damages to Vincent Kearney, a prominent journalist, for unlawfully accessing his communications data between 2006 and 2014. During that period, UK security authorities accessed Kearney’s communications, including incoming and outgoing calls, prompting him to lodge a complaint. The Tribunal emphasized the importance of protecting the confidentiality of journalists’ sources and noted that any measure interfering with that confidentiality cannot be compatible with the European Convention on Human Rights (ECHR) unless it is “justified by an overriding requirement in the public interest.” The Tribunal concluded that the respondents failed to satisfy the heightened requirements governing interference with journalistic sources, and that the actions were disproportionate and violated Articles 8 and 10 of the ECHR. It observed that the European Court of Human Rights has no “clear and consistent practice” on damages for unlawful interference with journalists’ rights under Article 10, other than in cases involving physical searches, but considered that relief should nevertheless be granted.

United Sates
U.S. v. Belmonte Cardozo
Decision Date: July 13, 2026
The U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s ruling that manual searches of cell phones at the border constitute routine border searches and therefore do not require individualized suspicion. Upon returning to the United States from Bolivia, U.S. citizen Jose Belmonte Cardozo was asked to unlock his cell phones during a border inspection. While manually reviewing one of the devices, a customs officer discovered Child Sexual Abuse Material, leading to Belmonte’s prosecution and conviction on multiple criminal charges. Belmonte subsequently moved to suppress the evidence obtained from his phone, arguing that the warrantless search violated the Fourth Amendment. After the district court denied the motion, he appealed. The Fourth Circuit reasoned that a nation’s sovereign authority to control its borders gives the government a heightened interest in inspecting persons and property entering the country, while individuals have a diminished expectation of privacy at the border. The Court distinguished this case from its earlier decision in United States v. Kolsuz, which held that forensic cell phone searches are non-routine and generally require individualized suspicion because of their significantly greater intrusiveness. Accordingly, it concluded that manual cell phone searches fall within the traditional border search exception to the Fourth Amendment and affirmed the denial of Belmonte’s motion to suppress the evidence.

Photo credit: Afnic

CGFoE joins our friends and colleagues around the world in mourning the loss of Bertrand de La Chapelle, a brilliant and one-of-a-kind leader whose vision helped shape the field of internet governance. We were deeply honored to contribute to the Internet & Jurisdiction Policy Network under Bertrand’s leadership.

“He had an extraordinary ability to bring together people from different disciplines, sectors, and perspectives, creating spaces where difficult conversations became opportunities for genuine collaboration and problem-solving,” said CGFoE Associate Director Hawley Johnson. “Bertrand reminded us that even the most complex global challenges could be addressed through dialogue and shared purpose. He leaves an extraordinary legacy and will be profoundly missed, particularly at a time when the world needs precisely the thoughtful and collaborative leadership that he embodied.”

● Türkiye: Osman Kavala Must Be Immediately Released Following ECtHR Order to Quash His Conviction. Reacting to the recent landmark judgment by the European Court of Human Rights, Amnesty International renews its call for the immediate release of Osman Kavala, a human rights defender and civil society leader, who was sentenced to life in prison for “attempting to overthrow the government” as part of the so-called Gezi Park trial in 2022. “Türkiye has defied two previous binding rulings from the Court in his case,” said Eve Geddie of Amnesty International. “This obstruction of justice must end.”

● Tibet: Flood Victims Have a Right to be Heard, by Maya Wang. With Nepal and Tibet reeling from the devastating mudslides, the Chinese authorities have been censoring victims. Reports indicate that China has barred journalists from accessing the disaster site and interviewing families, punished at least 10 people for “rumormongering,” and has been censoring footage of the floodwater at the Chinese side of the border. “As with previous disasters,” writes Maya Wang of Human Rights Watch, “the choreography is familiar: restrict information, control the narrative, and praise the leadership’s resolve and rescue efforts.”

● Iran: Foreign Influence Bill Is Fresh Assault on Freedoms. ARTICLE 19 urges the Iranian authorities to withdraw the Countering Foreign Influence bill, which would punish journalists, civil society, and anyone in contact with foreign media, if not approved by officials, by prison sentences ranging from six months to two years. The new bill further exacerbates the escalating human rights crisis in Iran. The authorities have recently designated several international Persian-language media as military targets, blocked SIM cards of dissidents, and shut down popular coffee shops.

One year after nationwide demonstrations had turned deadly, thousands protested against corruption. The authorities detained dozens and deployed military forces.

Background & Demands: Organized by a grassroots alliance, the protest also drew local residents and hundreds of students from campuses in Jakarta. The unifying demand was the ratification of the Asset Confiscation Bill, unpassed since 2008, permitting the state to seize assets tied to corruption. Other demands included an end to public budget cuts, rejection of militarism, state violence, and criminalization of activism, and a call to release of all political prisoners.

Significance: Thousands have reportedly joined the coordinated multi-city action on August 27, the anniversary of the 2025 unrest, with organizers publicly disavowing riots beforehand. Still, the state responded with mass military deployment.

Some Results: Senior parliamentarians pledged to pass the Asset Confiscation Bill by December 15, 2026.

State Response: Jakarta police deployed 18,500 officers, with assistance from the military, across the capital and detained 65 people ahead of the march on suspicion of them being “provocateurs.” Police used tear gas and a water cannon, allegedly in response to protesters throwing objects at officers. Reports have also documented clashes at the barricades, the questioning of protesters by plainclothes officers, searching of bags, and drones monitoring the crowd.

FoE Violations: Preemptive detentions, military deployment, and allegations of surveillance and blocked access to the assembly show that Indonesia regards demonstrations as a security threat rather than an exercise of citizens’ constitutionally protected rights. The latest response to protests adds to ongoing persecution of critical voices in the country.

Editorial: Scholars Under Attack. As scientists continue to confront mounting pressures around the world, the Journal of Science Communication has brought together nine articles examining online harassment, gendered hostility, misinformation, academic freedom, and institutional shortcomings. Explore the commentaries, spanning multiple countries, here.

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