Study Guide Committee: United Nations Human Rights Council (UNHRC) Topic: The Question of Freedom of Journalists Introduction: The freedom of the press has always been a controversial and debated topic. Particularly in recent years, thanks to the popularisation of fake news, freedom of expression has been under fire as the public's concern over where to draw the line when regarding political and global discussions and opinions reaches a crucially high level. Definition of Key Terms: Journalist - a person who collects, writes, or distributes news or other current information to the public. Freedom of Speech/ Expression - the power or right to express one's opinions without censorship, restraint, or legal penalty. Freedom of the Press - the right to circulate opinions in print without censorship by the government. Fake News - false stories that appear to be news, spread on the internet or using other media. News - newly received or noteworthy information, especially about recent events. The Press - news media and agencies collectively. Impunity - the exemption or immunity from punishment or unpleasant consequences. State Media - media for mass communication which is "controlled financially and editorially by the state." These news outlets may be the sole media outlet or may exist in competition with corporate and noncorporate media. Censorship - the process or idea of governments, media outlets and authorities suppressing speech, public communication or other information Human Rights Rights which are believed to belong to each and every person, such as the right to life, as laid out under the 1948 United Nations Universal Declaration of Human Rights. Political persecution - the persecution of an individual or of groups for political reasons. It is often manifested through discriminatory policies such as the violation of human rights. 1
Contextual Information: Press freedom is often held up as a principle in debates about the future of media regulation but it is rarely defined, and so becomes subject to significant semantic confusion. In the UK and many other countries, press freedom is not a legal right. Freedom of expression is protected by Article 10 of the European Convention on Human Rights and the Human Rights Act. It is the right to free expression that journalists turn to in defence against censorship. It is not the case that the press, as opposed to broadcasters, enjoy particular privileges as distinct from the right of freedom of expression. Freedom of speech and communication are rights of individuals rather than of the press or owners of the press. Particular forms of speech, such as political speech, or speakers, such as journalists, may in practice enjoy special protections, but whilst ECHR Article 10.1 does justify licensing of broadcasters it does not positively promote the press as distinct from other media such as the internet. In regulatory design press freedom is often shorthand for the idea that newspapers, by contrast particularly to broadcasting, should be free of any form of statutory regulation. The right of free speech encompasses the right to communicate to the widest possible audience. If that right were to be restricted by law to certain persons only, for example state-licensed broadcasters, there could be no real freedom of expression. Press freedom also relates to but is not reducible to press independence. Government regulation of all media is subject to deep and endemic conflict of interest. As long as the press are the key gateway in the representation of the government to those that elect it, then direct control of the press by the government should be avoided. Press freedom can conflict with freedom of expression of individuals. A citizen might claim a right to reply in a newspaper, but enforcement of this might be viewed by the newspaper as an infringement on its press freedom. In an environment in which printing presses and newspapers constitute the major bottleneck in the distribution of ideas, control of such gateways can engage speech rights, but the position of privately controlled gateways has always been difficult. Whilst UK citizens have rights of free expression under the European Convention on Human Rights, the question of whether we have rights to mass communication using the means owned by others is more controversial. Whether it is reporting acts of terrorism, conventional wars or feuds between politicians, journalists put themselves in ever increasing danger to inform the international community of what is happening across the globe. Certain countries are notorious for their lack of prosecution when it comes to cases involving antipress crime such as restricting, censoring and limiting journalists in their work. Committee to Protect Journalists staff have, by using their extensive knowledge and by applying a rigorous set of criteria, determined a list of nations (Top 10 Most Censored Countries) in which the state controls all media, and in which the state uses violence and imprisonment and harassment against journalist. This is a huge part of the ever increasing danger that journalists face. In a time span of 14 years from 2000 to 2014, a shocking number of 773 journalists were killed while on the job. 2
Major Countries and Organizations Involved: European Convention on Human Rights - An international treaty to protect human rights and fundamental freedoms in Europe. Human Rights Council (UNHRC) - An inter-governmental body within the United Nations, made up of 47 member states responsible for the promotion and protection of all human rights around the globe. The Center for Law and Democracy - An organisation whose mission is to promote and protect fundamental human rights, including the rights to freedom of expression and access to information. Article 19 - A leading organisation for the promotion and protection of freedom of opinion and expression. The Committee to Protect Journalists - Promotes press freedom worldwide and protects the rights of journalists. Its Data and Research contains comprehensive collection of violations of press freedom, including detailed records of journalists killed or imprisoned. The Freedom of Information Advocates Network - A network of organizations and individuals working to promote the right of access to information. The Media Legal Defence Initiative - A non-governmental organization with mission to protect press freedom by assisting journalists, bloggers, and independent media outlets around the world in defending their rights. Reporters Without Borders (RWB) - A non-governmental, non-profit organisation in consultant status at the United Nations. They investigate many countries in order to annually post data and reports about matters such as, but not limited to, censorship. Timeline of Events: Date: Event: 1689 Bill of Rights grants 'freedom of speech in Parliament' after James II is overthrown and William and Mary installed as co-rulers. 1789 'The Declaration of the Rights of Man', a fundamental document of the French Revolution, provides for freedom of speech. 1791 The First Amendment of the US Bill of Rights guarantees four freedoms: of religion, speech, the press and the right to assemble. 3
1948 The Universal Declaration of Human Rights is adopted virtually unanimously by the UN General Assembly. It urges member nations to promote human, civil, economic and social rights, including freedom of expression and religion. 2005 The Serious Organised Crime and Police Act bans protest without permit within 1km of the British Parliament. 2005 Series of cartoons, some depicting the Prophet Mohammed as a terrorist with a bomb, published by Danish newspaper Jyllands-Posten. 2007 French satirical magazine Charlie Hebdo republishes the cartoons along with its own front page of Mohammed, saying: It s hard to be loved by imbeciles. 2015 Charlie Hebdo s new Paris offices attacked by armed gunmen, killing 12, after publishing issue featuring Michel Houellebecq s novel Submission a fictional vision of France under Islamic rule in 2022 described as 'Islamophobic by critics. 2016 Many journalists killed in crossfire in various conflict settings. Relevant UN Treaties and Events: The Universal Declaration of Human Rights (UDHR), proclaimed by the United Nations General Assembly (1948) The Safety of Journalists and the Issue of Impunity (2013) Possible Solutions: There is no clear-cut solution to this problem. For significant progress to be made in all nations, member states must come to mutual agreements on new ways to ensure the safety, freedom and impunity of journalism. Current press freedom indices conflate myriad problems and measures into single values. When searching for solutions to press freedom violations, believing that all countries suffer from similar afflictions is counterproductive. Since press freedom could hardly be absolute, a coherent notion of press freedom would need to specify under what conditions and by what means it can justifiably be constrained. It would have to specify the subject of liberty: whether this is a freedom of readers, journalists, editors, or owners of printing presses. When arguing for true freedom of expression, a justifiable and coherent argument surrounding offensive material being published ought to be presented or the question of where to draw the line should remain. 4
There is no international humanitarian law that provides protection of journalists in armed conflict, and although the UN has been making important progress by working with government agencies and by setting up and creating programs to directly benefit journalists, ensuring and protecting the freedom, impunity and safety of journalists remains an increasingly difficult task with the judicial prosecution and imprisonment of journalists hit record highs in recent years in several countries, Turkey in particular. Freedom of the press should not be viewed solely as the freedom of journalists to report and comment. It is strongly correlated with the public s right of access to knowledge and information. Communication often acts as a catalyst for the development of civil society and the full exercise of free expression enables all parts of society to exchange views and find solutions to social, economic and political problems. Free media play a crucial role in building consensus and sharing information, both essential to democratic decision-making and to social development. Bibliography: European Convention on Human Rights Information Page http://www.echr.coe.int/pages/home.aspx?p=basictexts UN Human Rights Council Information Page http://www.ohchr.org/en/hrbodies/hrc/pages/hrcindex.aspx The Center for Law and Democracy Information Page https://www.law-democracy.org/live/ Article 19 Information Page https://www.article19.org/ The Committee to Protect Journalists Information Page https://cpj.org/ The Freedom of Information Advocates Network Information Page https://foiadvocates.net/ The Media Legal Defence Initiative Information Page https://www.mediadefence.org/ Reporters Without Borders Information Page (UK) https://rsf.org/en/united-kingdom 5