Commonwealth report warns: Colonial-era laws silencing free speech across member states

By Jag Jivan 

A new Commonwealth research report has delivered a damning indictment of the state of press freedom and freedom of expression across member states, warning that punitive laws are being used to intimidate journalists, human rights defenders, and government critics. The report, "Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth", was released on 9 September 2025 by the Commonwealth Human Rights Initiative (CHRI), the Commonwealth Journalists Association (CJA), and the Commonwealth Lawyers Association.

The study, based on legal analysis and testimonies from over 30 senior journalists and 35 lawyers across Africa, Asia, the Americas, the Caribbean, Europe, and the Pacific, finds that criminal provisions for speech offences—including defamation, sedition, and national security violations—are routinely misused to silence dissent. It notes that 41 Commonwealth countries continue to impose criminal penalties for defamation, 48 retain sedition laws, and 37 maintain blasphemy-style provisions. Between 2006 and 2023, 213 journalists were killed in 19 Commonwealth countries, and in 96% of cases the perpetrators were never brought to justice, according to UNESCO figures.

The three Commonwealth Accredited Organisations behind the report have urged Member States to urgently repeal laws that criminalise legitimate public speech, arguing that the persistence of colonial-era restrictions violates international human rights standards. They also call for greater protection of journalists and civil society actors, stressing that violence, intimidation, and impunity remain endemic in many countries.

The publication follows a landmark moment at the 2024 Commonwealth Heads of Government Meeting (CHOGM) in Samoa, where leaders adopted the Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance. These 11-point principles, the product of an eight-year campaign by grassroots and advocacy organisations, call on governments to create safe environments for media workers, review restrictive laws, and strengthen institutional safeguards.

Sneh Aurora, Director of CHRI, said too many Commonwealth nations still enforce outdated colonial-era laws to suppress dissent. “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.” William Horsley of the Commonwealth Journalists Association called the widespread impunity for journalist killings “shameful,” stressing that genuine Commonwealth engagement is essential to protecting truth-tellers and safeguarding democratic accountability.

The report calls on the Commonwealth Ministerial Action Group (CMAG) to fulfill its mandate by addressing systemic curbs on media freedom and to consider the appointment of a Commonwealth Envoy on Freedom of Expression. It also urges states to collaborate with civil society and international organisations, including UNESCO, to monitor and advance the implementation of the Media Principles.

The virtual launch of Who Controls the Narrative? was marked by a webinar, “Voices under Pressure: Defending Freedom of Expression for Lawyers and Journalists,” on 9 September 2025, featuring UN Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite, journalist Neha Dixit, CLA President Steven Thiru, CHRI Director Sneh Aurora, and others.

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Click here to read what the 169 page report has to say about India