UNESCO launches practical guide for amicus curiae interventions in freedom of expression cases

Amicus curiae interventions can play a key role in the setting of lasting legal precedents for the protection and promotion of free, independent and pluralistic media ecosystems. They can also draw the attention of the wider public to a case where the right to freedom of expression or the safety of journalists is at stake, and serve as an important advocacy and educational tool for judges, lawyers, and society at large.

However, there are a number of considerations that any organization wishing to take part in a relevant case via amicus curiae interventions should take into account before embarking inti the amicus curiae process. Poorly led interventions can negatively affect the outcome of ongoing legal proceedings, cause unnecessary delays in the litigation, or politicize further an already politically sensitive case.

The UNESCO Guide for Amicus Curiae Interventions on Freedom of Expression Cases seeks to equip civil society organizations with the basic tools to file effective amicus curiae interventions, and encourage them to intervene in cases where freedom of expression standards can be advanced or where the right to freedom of expression or the safety of journalists is at stake. The Guide provides practical information on how to file amicus curiae briefs and sets out strategic considerations -as well as do's and don'ts-, with the goal of helping organizations write the most impactful brief possible.

The Guide was authored by Peter Noorlander, an independent consultant in human rights and media law & policy, founding Legal Director and former CEO of Media Defence, and Senior Legal Officer at ARTICLE 19.