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In a groundbreaking move that could reshape global climate policy, a leading UN expert is calling for criminal penalties against climate disinformation and a comprehensive ban on fossil fuel industry lobbying and advertising. The proposal comes as part of a sweeping effort to protect human rights and prevent environmental catastrophe.

Elisa Morgera, the UN special rapporteur on human rights and climate change, presented her detailed report to the UN General Assembly in Geneva on Monday. The document makes the case that wealthy fossil fuel-producing nations including the United States, United Kingdom, Canada, and Australia are legally obligated under international law to completely phase out oil, gas, and coal by 2030 and provide compensation for harms already inflicted.

“Despite overwhelming evidence of the interlinked, intergenerational, severe and widespread human rights impacts of the fossil fuel life cycle, these countries have and are still accruing enormous profits from fossil fuels, and are still not taking decisive action,” said Morgera, who also serves as professor of global environmental law at the University of Strathclyde.

The report advocates for an immediate ban on practices such as fracking, oil sands extraction, and gas flaring. It also calls for halting fossil fuel exploration, eliminating industry subsidies, and rejecting false technological solutions that would lock future generations into continued dependence on increasingly costly and harmful fossil energy sources.

Morgera’s report highlights the profound injustice in how climate impacts are distributed globally. Island nations, Indigenous communities, and other vulnerable populations who have benefited least from fossil fuel exploitation now face the most severe consequences of climate change, alongside other environmental harms linked to extraction, transport, and use of these resources for energy, fuel, plastics, and synthetic fertilizers.

The document presents substantial evidence linking the fossil fuel industry to violations of nearly every fundamental human right, including the rights to life, health, food, water, housing, and education. To address these violations, Morgera advocates for what she terms the “defossilization” of economies worldwide—the complete elimination of fossil fuels from all sectors including politics, finance, food, media, technology, and knowledge production.

According to the report, international human rights law already obligates nations to inform citizens about the widespread harms caused by fossil fuels and to make clear that phasing out these energy sources represents the most effective response to the climate crisis.

The report also argues that people have the right to know how the industry and its allies have systematically obstructed climate action for six decades through disinformation campaigns, attacks on scientists and activists, and by manipulating democratic decision-making processes, including the annual UN climate negotiations.

Financial data in the report reveals the enormous scale of the fossil fuel industry’s profits—oil and gas companies globally earned $2.4 trillion in 2023, while coal companies pocketed $2.5 trillion. Meanwhile, fossil fuel subsidies exceeded $1.4 trillion across OECD members and 48 other countries in the same year.

Morgera argues that redirecting these subsidies could help wealthy fossil fuel-producing states fulfill their legal obligations to assist developing countries in phasing out fossil fuels. These funds could also provide financial remedies for the widespread human rights violations and environmental damage caused by the industry.

Additional compensation could come from enforcing penalties for damages, cracking down on tax evasion and avoidance, and introducing wealth and windfall taxes. The report suggests requiring the industry to finance climate adaptation, mitigation, and loss and damage through climate superfunds or other mechanisms directly accessible to affected communities.

The report also calls for remediation of land unjustly appropriated for fossil fuel operations, recommending it be cleaned up and returned to Indigenous communities, people of African descent, and peasants, with fair compensation provided where appropriate.

While critics may dismiss these recommendations as radical or impractical, Morgera counters: “Paradoxically what may seem radical or unrealistic—a transition to a renewable energy-based economy—is now cheaper and safer for our economics and a healthier option for our societies.”

She adds that the transition could lead to significant savings in taxpayer money currently spent responding to climate impacts, reducing health costs, and recouping lost tax revenue from fossil fuel companies. “This could be the single most impactful health contribution we could ever make. The transition seems radical and unrealistic because fossil fuel companies have been so good at making it seem so.”

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14 Comments

  1. Interesting proposal, though criminalizing speech could be a slippery slope. More transparency and fact-based debate may be a better approach to counter disinformation. Curious to see how this unfolds.

    • Patricia Miller on

      I agree, freedom of expression is critical. Perhaps a focus on corporate accountability and lobbying reform could be more effective.

  2. Patricia Jones on

    As an investor in mining and energy equities, I’ll be watching this closely. Regulatory changes could significantly impact the outlook for certain commodities and sectors.

  3. Phasing out fossil fuels by 2030 is an ambitious timeline. While the need for climate action is clear, a balanced approach that considers economic impacts and energy security will be important.

  4. Michael Garcia on

    Holding fossil fuel companies legally responsible for climate disinformation is an interesting angle. Curious to see the details and whether this could set a precedent for other industries.

  5. This proposal raises important questions about the role of government, free markets, and individual rights in addressing complex global challenges like climate change.

  6. Climate change is a critical issue, but criminalizing speech is a dangerous path. I hope policymakers can find more constructive ways to address disinformation and promote climate action.

  7. Isabella Garcia on

    From a mining and metals perspective, this could significantly impact the long-term investment case for certain commodities like coal, oil, and gas. Diversification into clean energy minerals may become even more critical.

  8. Linda Martinez on

    While the intentions behind this proposal are understandable, the unintended consequences could be severe. I hope policymakers carefully weigh all the implications before moving forward.

  9. As an environmentalist, I appreciate the bold steps proposed to address climate disinformation. However, the details will be crucial in ensuring an equitable and effective approach.

  10. John C. Martinez on

    As an energy industry analyst, I’m skeptical that a blanket ban on fossil fuel lobbying and advertising would be effective or constitutional in many jurisdictions. A more nuanced approach may be needed.

  11. Banning industry lobbying and advertising seems like an overreach. Transparent policymaking and public debate are important, even for controversial industries.

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