IO Files: US/A/2911

United States Delegation Position Paper

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Freedom of Information: Report of the Third Committee 1

The Third Committee adopted three resolutions under the above agenda item. A separate position paper is attached on each resolution.

[Page 534]

The United States should vote against plenary discussion of the Third Committee report. If there is discussion, it will not be necessary for the United States to make a statement on any of the resolutions.2

[Attachment 1]

United States Delegation Position Paper

Freedom of Information: Interference With Radio Signals

1. United States Position

The United States should vote in favor of the resolution as adopted by the Third Committee. Although the original text of the Economic and Social Council has been modified by the addition of language which is not strictly relevant to the basic intent of the resolution, the additions are acceptable and the resolution conforms to the United States views on this subject. Under this resolution the General Assembly would condemn radio jamming, invite all Member Governments to refrain from such interference, invite all Governments to refrain from unfair or slanderous broadcasts, and invite Member States to facilitate the reception and transmission of the United Nations official broadcasts.

2. History in Committee

This resolution, which was transmitted by ECOSOC to the General Assembly on the recommendation of the Subcommission on Freedom of Information, was strongly opposed by the Soviet Delegations on the ground that it constituted an interference in their domestic affairs. They attacked the Voice of America and other foreign broadcasting services for disseminating false, distorted, and subversive reports, but made no specific defense of the practice of jamming.

The Arab, Indian, and several Latin American delegations, while in general agreement with the original resolution, indicated that they felt it to be one-sided and sponsored an amendment inviting governments to refrain from “unfair attacks or slanders against other people anywhere”. This amendment was adopted by a large majority, and the United States voted in favor of it as a means of ensuring the largest possible majority for the resolution as a whole.

The Chilean Delegation, which sponsored the ECOSOC text in the Committee, also added a provision inviting governments to “facilitate [Page 535] the reception and transmission of the United Nations official broadcasts”. This was also adopted with United States support.

The Committee rejected a Saudi Arabian amendment requesting governments which broadcast to other peoples “not to offend their sensibilities”, the United States voting in the negative.

Also rejected by the Committee, the United States voting in the negative, was a Lebanese amendment which read “Invites all member governments to take the necessary steps within their competence to prevent the diffusion of false or distorted reports likely to injure friendly relations between states”.

The resolution, as amended, was adopted by 39–5, the United States voting in the affirmative.

3. Possible Developments in Plenary

It is possible that the above Saudi Arabian and Lebanese amendments will be introduced in Plenary, although their sponsors have indicated that they are not likely to introduce them. If they are reintroduced, the United States should vote against both. The Saudi Arabian amendment is objectionable because of its vagueness and its generally restrictive character. The Lebanese amendment, which repeats language from resolutions previously adopted by the General Assembly on the subject of false or distorted reports, is objectionable in that it is not only unnecessary, but it also casts an element of doubt on the basic intent of the resolution. It might even be interpreted to sanction jamming of foreign radio broadcasts as a means of preventing “the diffusion of false or distorted reports”.

[Attachment 2]

United States Delegation Position Paper

Freedom of Information: Question of the Freedom of Information and of the Press in Times of Emergency

1. United States Position

The United States should vote in favor of the resolution as adopted by the Third Committee. Under this resolution, the General Assembly would recommend to all Member States that, when they are compelled to declare a state of emergency, measures to limit freedom of information and of the press should be taken only in the most exceptional circumstances and then only to the extent strictly required by the situation.

2. History in Committee

During its consideration of the text as adopted by the Subcommission on Freedom of Information and transmitted by the ECOSOC [Page 536] to the General Assembly, the Third Committee adopted two amendments which tend to weaken the already somewhat vague ECOSOC text. The first resulted in the deletion of the words “in all circumstances” which appeared at the end of the first paragraph; the second changed the words “have been placed” to “might be placed” in the second paragraph.

These amendments were strongly supported by the Arab and some Latin American delegations. The United States Delegation voted against these changes, but supported the amended text, since it retains the essence of the original proposal.

The resolution, as amended, was adopted by a vote of 38–5–5, the United States voting in the affirmative.

3. Possible Developments in Plenary

It is unlikely that any attempt will be made to modify the Third Committee text in Plenary. If, however, a proposal is made to revert to the original ECOSOC wording, the United States should support the proposal.

[Attachment 3]

United States Delegation Position Paper

Freedom of Information: Draft Convention on Freedom of Information

1. United States Position

The United States should abstain in the vote on this resolution by which the General Assembly would appoint a fifteen-state committee, including the United States, to prepare a draft convention on freedom of information, request the committee to report to the Economic and Social Council next summer, and request the Council, if it sees fit, to convene a conference of plenipotentiaries to prepare and sign a convention. Many of the delegations which favor the completion of the convention look upon it as a means of imposing limitations on the work of foreign correspondents and large news agencies and not as an instrument to extend or safeguard freedom of information. It is the United States view that any convention on freedom of information which is completed at the present time is likely to restrict rather than promote freedom of information. The United States should not vote against the proposal, however, since it voted in favor of a series of Lebanese amendments which had the effect of making the present resolution far less objectionable than the original proposal.

2. History in Committee

This resolution had its origin in a joint proposal of Chile, Cuba, Egypt, France, and the Netherlands. The original proposal was much [Page 537] less flexible, in that it did not provide for the possibility that the committee, or at least a substantial minority on the committee, might conclude that it would not be advisable to call a plenipotentiary conference to complete the convention and it gave no discretion to the Economic and Social Council concerning the advisability of calling the conference.

The present wording of the resolution is the result of a series of Lebanese amendments which were supported by the United States and a number of other delegations not in favor of the original text in order to make the resolution more flexible.

A prior United States amendment which would have postponed further consideration of the convention until the General Assembly had taken definite action on the Covenant on Human Rights was rejected by a vote of 14–25–10.3

The resolution, as amended, was adopted by a vote of 35–0–15, with the United States abstaining.

3. Possible Developments in Plenary

It is not likely that any attempt will be made in plenary to amend the resolution.

  1. For the Report of the Third Committee on the three freedom of information items, see United Nations, Official Records of the General Assembly, Fifth Session, Annexes, vol. i, fascicule relating to agenda item 30, pp. 5 ff. Relevant documentation concerning the legislative history of the items is printed in this fascicule.
  2. The three draft resolutions as recommended by the Third Committee were adopted by the General Assembly without change on December 14 and virtually without discussion. For the texts of Resolution 424 (V), Resolution 425 (V), and 426 (V), dealing with interference with radio signals, freedom of information and the press in times of emergency, and the draft convention on freedom of information, respectively, see United Nations, Official Records of the General Assembly, Fifth Session, Resolutions, 19 September–15 December 1950, pp. 44 and 45.
  3. For the text of this United States amendment, see the last two paragraphs of the draft resolution, p. 531.