When lawyers are silenced: How restrictions on lawyers’ expression undermine rights, justice and democracy

Freedom of expression carries unique implications for legal professionals who uphold and defend the rule of law and advocate for international human rights standards.

15 Jan 2026

3 minute read

Lawyers around the world are subjected to improper interference because of their legitimate expression.

This report highlights the importance of safeguarding lawyers’ right to freedom of expression.

Drawing on cases gathered through our Lawyers at Risk programme, and through desk research, it references specific examples of lawyers who have been subjected to a range of sanctions simply for speaking out in the course of their work.

It also highlights the methods used to silence lawyers, including harassment, intimidation, disbarment, arbitrary detention and criminal prosecution.

How lawyers are silenced

The pattern repeats in countries across all regions.

States weaponise the criminal justice system and disciplinary procedures to prevent lawyers from providing effective legal representation.

This also silences dissent and undermines the independence of the legal profession.

To see the infographic about this topic, please refer to the live page.

Laws restricting expression

The vague and subjective nature of sedition laws make them a tool of repression.

Countries under authoritarian regimes and experiencing rule of law backsliding often apply sedition-like laws to criminalise lawyers for legitimate expression.

These are often used in conjunction with offences of disinformation, fake news or cybercrime.

Counter-terrorism and national security laws

The use of terrorism legislation grants authorities greater powers to:

detain individuals
deny access to legal representation
freeze assets, and
impose more severe sentences

Terrorism-related charges are often combined with charges of fake news, disinformation or propaganda against the state to vilify and isolate the accused.

Professional regulations and codes of conduct

Authorities seeking to silence lawyers have tried to influence processes for admission to the legal profession, as well as disciplinary proceedings and disbarment.

Not only does this deprive individuals of their livelihood and right to non-discrimination, it denies defendants their legal right to a lawyer of their choosing.

This severely undermines the independence of the legal profession.

Impact of restrictions

Interference with lawyers’ free expression has implications beyond the personal level, including:

creating a chilling effect and fostering a climate of self-censorship
undermining the rule of law
reducing the effective functioning of legal professional associations
limiting access to justice

It also often reflects wider efforts to stifle dissent, curtail human rights and limit equal access to justice.

How to better protect lawyers’ freedom of expression

What states can do

Enshrine freedom of expression in constitutions and national laws
Review and amend legislation to comply with international standards; repeal vague or overbroad laws (such as sedition, criminal defamation, national security, anti-terrorism)
Protect online expression by ensuring open internet access, preventing unlawful surveillance, and safeguarding privacy
Implement freedom of information laws to guarantee transparency and public access to information
Uphold judicial independence and empower courts to strike down laws or actions that unlawfully restrict expression
Provide training for police and judicial authorities on upholding freedom of expression
Explicitly recognise lawyers’ right to freedom of expression in law and prevent reprisals
Guarantee independence of legal professional associations and allow them to operate without intimidation
Implement international standards, including the UN Basic Principles on the Role of Lawyers
Sign, ratify, and implement the Council of Europe Convention for the Protection of the Profession of Lawyer
Release lawyers detained for exercising their rights, stop arbitrary disciplinary or disbarment actions, and investigate threats and violence, ensuring accountability and redress

What UN and regional human rights mechanisms can do

Urge states to respect and protect lawyers’ freedom of expression
Condemn misuse of laws and disciplinary measures to suppress lawyers
Demand immediate release of detained lawyers and an end to arbitrary disciplinary actions
Call for the repeal of vague and overbroad laws restricting expression
Insist on independence of legal professional associations
Investigate and condemn acts of violence, threats, or reprisals against lawyers

What bar associations and law societies can do

Defend members’ right to freedom of expression and monitor violations
Advocate for international mechanisms to act promptly to uphold lawyers’ rights
Review legislation and push for amendments where laws conflict with international standards
Ensure admission and disciplinary processes are fair, transparent, and free from misuse
Call for the release of detained lawyers and condemn reprisals
Promote awareness of the UN Basic Principles on the Role of Lawyers
Encourage signature, ratification and implementation of the Council of Europe Convention for the Protection of the Profession of Lawyer