PAMUN XV UNESCO QUESTION OF DEFINING LIMITATIONS TO THE FREEDOM OF PRESS Introduction of Topic Freedom of the press exists in most developed countries today. Being strongly associated with the freedom of speech, freedom of the press is a keystone in democratic societies. It is a right that creates transparency in our world, that empowers the people, and that is a powerful tool against corruption. The right to exchange ideas and opinions cannot be denied according to the United Nations Universal Declaration on Human Rights (UDHR). Defining the limitations to the freedom of press is greatly important as it allows for all individuals in a society to benefit of their rights as citizens while having a fully operational, respectful, respected, and independent press. The UDHR protects the freedom of press through its 19th article which states: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. It goes without saying that the freedom of the press should exist in all nations and that such a right is a basic human right. Defining the limitations to the freedom of the press would define instances in which the press should be reprimanded by a government, as well as the instances in which governments should be reprimanded for violating the freedoms of journalists. This report will touch on the difficulties presented when tackling the issue of defining the limitations to the freedom of the press, as well as insight on the attempts to solve the problem, and how it could be handled. Definition of Key Terms Censorship The suppression or prohibition of any parts of books, films, news, etc. that are considered obscene, politically unacceptable, or a threat to security. On television or radio stations, certain expressions/words considered too vulgar are censored. In many cases censorship may be justified due to content which may be disturbing or offensive to some, yet censorship is also used to prevent the spreading of certain ideas. This year, the social network Twitter and the video website Youtube were censored in Turkey for interfering with the functioning of the Turkish government (CNN) Research Report Page 1 of 8
Slander The action or crime of making a false spoken statement damaging to a person s reputation (oxford dictionary of English). The difference between the terms slander and libel is that libel is a written and published defamation, whereas slander is a spoken one. Libel A published false statement that is damaging to a person s reputation; a written defamation. In most politically advanced nations, direct action against libel is suing and a compensation if a case proves a party to have been victim of libel. However, for political and economic reasons, such an opportunity to bring libel cases to justice does not exist in all countries of the world. Freedom of the press The freedom to publish opinions, thoughts, ideas in the media and published materials without any prejudice or consequences from a government in power.furthermore, a free press is one that is not controlled by the government of the country it is in. However, all governments put regulations on the freedom of the press in order to avoid libel or slander, or the spreading of unwanted ideas. Background Information Freedom of the press is a right that has always been increasing in time, alongside with the rights of people. A part from certain Asian nations and certain African nations, the press of today is, for the majority, free. Prior to the second world war, the freedom of the press is a right that has been expanded in order to promote the exchange of opinions and ideas, as the press, if free, is a powerful weapon against the corruption of political systems, and against any kinds of abuse towards the populations. Since the UDHR in 1948, the United Nations have had to create new conventions and resolutions in order to pursue the defining of the freedom of the press and its extents due to new medium requiring new laws. The UN believes that when the freedom of the press is exercised, one remains limitedly accountable to the laws of his nation if a violation of the law is committed. This statement explains that the definition of the freedom of the press by the UN is not literally universal. Although many nations follow the freedom of the press guidelines of the UN like Switzerland, a number of countries have a different opinion and support the idea that this right is a threat to the order of their nation. In early 2015, the offices of the French newspaper Charlie Hebdo were under the assault of two terrorists who managed to kill the entire executive team of the paper, as well as three policemen. Although the newspaper was condemned several times for offensive language and images against multiple religions (including Islam) by the French government, it was far from expected that such a Page 2 of 8 Research Report
massacre would occur. As shown through this event, punishing violations of the freedom of the press does not only occur through governmental action. Events of this kind created a new challenge for the UN, that of punishing violations regarding the issue, when perpetrators are not recognised states. Major Countries and Organisations Involved France The freedom of the press in France is considered among the most advanced in the world aside with other European and North American nations. Although many newspapers and forms of media are owned by large companies such as Bouygues Telecom in which the government is active, the press shows a large transparency with regards to the activities of the government and other topics which in nations not having freedom of the press would be censored. The only limitations to the freedom of the press, which may lead to prosecution, are defamation, racism, religious hate speeches, homophobia, and the advertisement of illegal drugs. However in France it is illegal to reveal any information on any individuals if they have not given the consent for it to be revealed. Egypt Since the Arab spring in 2011 and mostly after the election of Mohammed Morsi, member of the Muslim Brotherhood s Freedom and Justice Party, at the head of the Egyptian government, Egypt has been largely criticised for violating the freedom of the press. All uprisings of the Arab spring were lead by journalists who were able to spread awareness about the critical political situation in which Egypt was. In order to maintain a tighter control over the population, the new government has put in place severe measures preventing journalists from expressing their thoughts about the new biased democratic state. On October 23 2012, television anchorman Tawfik Okasha was sentenced to four months in prison for insulting the newly elected president, Mohammed Morsi, stating that his election was not legitimate. The incident was reported by Amnesty International, describing it as another blow to freedom of expression. China In the People s Republic of China, press freedom is an alarming issue. Such a strong control on the press by the government is often considered as an attempt to keep the Communist Party of China (CPC) in control of the country and of the people by limiting their access to information which could disturb the public order. On June 24 2015, journalist Yang Dongying was arrested for picking a quarrel and making trouble by the Chinese government after she contested the methods of the Chinese police while arresting and interrogating her 13 year old son who was hospitalised after suffering physical violence. Reporters Without Borders (RSF) Research Report Page 3 of 8
This French NGO is focused on reporting and raising awareness on worldwide topics. It is also highly involved in pointing out abuses related to the freedom of the press and campaigning for the rights of journalists throughout the world. Reporters Without Borders are documented with extremely insightful statistics which explain and report issues related to the freedom of the press in all countries. Relevant UN Treaties and Events Ranking of five european nations freedom of the press according to RSF The UNESCO Declaration of Windhoek (May 3rd, 1991) The Declaration of Windhoek was made by African journalists with the UNESCO, stating the definition and principles of a free press. In their paper they emphasise the importance of a press free from political and economic influences, as well as a pluralistic press, as means of the maintenance of democracy in Africa, and nations worldwide. International Covenant on Civil and Political Rights, 28 November 2002 (CCPR/CO/76/EGY) The paper passed in November 2002 supports the more global freedom to information. It maintains the idea of the UDHR that all beings must have free access to information and freedom of speech and opinion without any repercussions. The safety of journalists and the issue of impunity, December 18, 2013 (A/RES/68/163) This resolution passed by the UNESCO general assembly in Paris, 2013, set the issue of the impunity of states not respecting the freedom of the press as a major challenge. Furthermore the resolution calls for all nations to allow journalists in the world to have adequate working conditions, including their treatment, and the stopping of threats, intimidations and violences against them. Page 4 of 8 Research Report
The safety of journalists, September 19, 2014, (A/HRC/27/L.7) The paper condemns the ill treatment of journalists in the world, insists on the need for international cooperation with regards to the issue and calls upon nations to combat the impunity of the abuse of journalists through various methods, including the creation of specialised institutions for investigations and prosecutions related to the violations to the freedom of the press. Main Issues The freedom of the press is limited worldwide in different ways by different countries, depending on the degree of democratic development of the nation and on the ideologies of those in power. Most free and democratic countries limit the freedom of the press by condemning libel, defamation, racial or religious hate, and homophobic speeches. However, lesser democratic countries or dictatorships have a much lower freedom of the press. In some cases, the freedom may even be inexistent, when all means of media and communication to the population are totally controlled by the government. Theoretically, a one hundred percent free press would be a press where anything could be said about anything or anybody: this would be the full right of the journalists. A resetting of the definition of the limitation of the press is needed. It is evident that the press should be limited by governments to avoid defamation and statements that do not release the truth, as truth is what the media exists to expose. Yet what is the extent to which a government should have control on the media of its country? The most stigmatised topic in the press worldwide is that of politics. Whether or not the media should be allowed to diffuse information on governments making them transparent as much as possible must be decided. In the United Kingdom, the freedom of information goes to the extent to which any information may be shared to the population about anybody (Freedom House). Although some of this information may often infringe on the privacy of many individuals and can be considered as defamation, a total legal transparency exists. However, religious hate speeches, homophobia, racism and advertising drugs use remain illegal. Another issue less discussed are the cases in which individuals may be put in danger by the press. During a hostage crisis in Paris during the infamous Charlie Hebdo attacks, the live news broadcaster BFM tv revealed the location of hostages inside the occupied building while the crisis was still going on. If the assaillants had seen this live television episode, the lives of these hidden hostages would have been seriously threatened. On the more global plan, it would be necessary for the United Nations to put in place measures in order for governments to prevent such incidents, which can threaten the security or even the life of individuals. Defining limitations to the freedom of the press is an extremely delicate topic to be defined by the UN as it should promote the freedom of speech and independence from the government, as well as prevent libel and defamation: an issue where universality is delicate to attain, due to the large diversity of Research Report Page 5 of 8
indexes in terms of the freedom of the press. Although the UN Strongly condemns he violations of the freedom of the press, it expresses no disapproval towards the criticised methods that some journalists may use, such as defamation. Previous Attempts to solve the Issue Many declarations including the Universal Declaration of Human Rights ensure the protection of the freedom of the press by the UN. Resolutions have also been made guarantee the rights of journalists in the world, as well as that of any people expressing their ideas in the media. However violations of the freedom of the press and of journalists are still too frequent. Although the UN condemns such abuses, this doesn t stop nations from controlling their media, sometimes too harshly, by physical violence, prison sentences and even life or death sentences. International agreements have not always been the most effective in ending freedom of the press related abuses. The relevant United Nations treaties and events place good principles and demands towards states in terms of preventing the abuse of journalists. However, the enforcement of such recommendations is harder challenge to accomplish. Possible Solutions All nations in the world define their limitations to the freedom of the press following different criteria which are often based on religion and/or the political status of the country. Excluding extreme cases, it is hard for the UN to draw the line between what they would see as a justified limitation to the freedom of the press or not. Attaining a universal agreement on defining the freedom of the press and its limitations with a consensus from all nations must strive to be reached. It is the role of the delegates to draw this line in accordance with the policies of their country, helping the UN to better define appropriate limitations in order to more effectively evaluate freedom of the press issues. As an international community, the UN requires consensus to enhance its efficiency in dealing with modern day problems such as defining the limitations of the freedom of the press. Furthermore, freedom of the press is not always limited by governments. As shown in the terrorist attacks against the Charlie Hebdo newspaper in early 2015, terrorist organisations can also limit the freedom of the press, which they did by killing the producers of the paper. Governments and intergovernmental organisations are responsible for defining limitations to the freedom of the press. Defining the limitations to the freedom of the press must be tackled by following the issues presented in the Main issues, Relevant UN treaties and events, and Major countries and organisations involved sections. Although the nations mentioned in the later section are to be considered in defining the limitations, delegates are reminded that they are examples and that such abuses and such respect of the rights of journalists also occur in many other nations. Page 6 of 8 Research Report
Resources to Consider Delegates are strongly advised to observe the policies of the countries they are assigned regarding the limitations to the freedom of press, as well as that of other nations. Reading about related incidents is also key to the research as it give insight into how governments deal with the freedom of press in cases where it might be violated. The resolutions cited should be observed in order to evaluate the action of the UN in defining limitations to the freedom of press. The Reporters Without Borders (RSF) and the Freedom House websites cited in the bibliography should be observed thoroughly as they give an insight into how NGOs view the question, in addition to giving important statistics. http://www.unesco.org/webworld/fed/temp/communication_democracy/windhoek.htm The Declaration of Windhoek, should be read thoroughly and taken into account by delegates when drafting their clauses. It encompasses the views of the United Nations regarding the freedom of the press and advocates for free and pluralistic media worldwide. Bibliography Amnesty International Public Statement, Egypt: Broadcaster s Conviction for insulting the President Another Blow to Freedom of Expression. N.p.: Amnesty International, 23 Oct. 2012. PDF. "ANOTHER ARREST IN GROWING CRACKDOWN ON 64TIANWANG WEBSITE REPORTERS - Reporters Without Borders." <i>reporters Without Borders</i>. Reporters Sans Frontières, 26 June 2015. Web. 14 Aug. 2015. "Declaration of Windhoek." UN. United Nations, n.d. Web. 14 Aug. 2015. "Definition of Censorship in English:." Censorship. Oxford Dictionary of English, n.d. Web. 11 Aug. 2015. "Definition of Libel in English:." Libel. Oxford Dictionary of English, n.d. Web. 11 Aug. 2015. "Freedom of the Press." Wikipedia. Wikimedia Foundation, n.d. Web. 11 Aug. 2015. "Freedom of the Press." <i>freedom of the Press</i>. Freedom House, 2015. Web. 12 Aug. 2015. "Introducing UNESCO." <i>unesco</i>. UN, n.d. Web. 11 Aug. 2015. "Press, News, Journalists, Journalism, Freedom, Reporting, Censorship, Expression, Media, Governance, Democracy, Democratic, Windhoek, UNESCO, United Nations." UN News Center. UN, n.d. Web. 12 Aug. 2015. Research Report Page 7 of 8
Reuters. "Mauritanian Journalist Sentenced To Death For 'Insulting The Prophet' In Article." The Huffington Post. TheHuffingtonPost.com, 25 Dec. 2014. Web. 14 Aug. 2015. "United Kingdom." <i>united Kingdom</i>. Freedom House, n.d. Web. 18 Sept. 2015. Page 8 of 8 Research Report