Tag Archives: CPJ

Criminal Defamation Laws Hit Press Freedom

The growing use of criminal defamation laws around the world add to the general decline in press freedom.

The Committee to Protect Journalists has a great program called Critics are not Criminals. This is a worthy effort that deserves the support of not only all journalists but all civil libertarians.

The latest case is in Honduras. A reporter looked into an alleged corrupt local police chief. Television reporter Ariel Armando D’Vicente now faces three years in prison with an additional three-year ban on working as a journalist.

Unfortunately for too many journalists, they get hammered by the use of criminal defamation laws. A recent study by CPJ and Thomson Reuters Foundation showed the use of these laws has grown in the Americas.

When governments and individuals use the defamation/libel laws to exact criminal penalties, freedom of the press is hurt.

A basic rule in the United States is that truth is an absolute defense against libel or defamation. Yet in much of the rest of the world, even if everything said in an article is true, if the subject of the article can prove anyone thinks less of that person, he/she can sue AND get the reporter tossed in jail. (See: Different libel laws cause grief around the world.)

For reporters working around the world, knowledge of these laws is vital, especially freelancers. While reporters for major news organizations may be able to get legal help from the parent organization, a freelance caught up in these bad laws could be left hanging.

And, it is important to remember, this law does not only apply to journalists. A person having a bad experience in a country and saying so on Yelp or Facebook could lead to charges being filed. And satire is definitely a problem. Just ask the producers and writers of The Simpsons:

The government of Brazil sued the producers of the The Simpsons often. In a 2002 episode the Simpsons were in Brazil.  The family was robbed, eaten by snake, kidnapped and abused by monkeys. The Brazilian government sued. And the response of the Simpson team: More jokes about Brazil. And more lawsuits. None were successful — at least in the USA.

For some fun:

 

Leave a comment

Filed under Harassment, Human Rights, International News Coverage, Press Freedom

Criminal Defamation Laws in the Americas

This item was first posted at Journalism and the World.

The Committee to Protect Journalists along with the Thomson Reuters Foundation released a study that all but one country in the Americas have criminal defamation laws that can be used against journalists to suppress freedom of expression.

All but one country in Americas criminalize defamation

Laws that can be used against journalists include defamation, libel, calumny, or making false charges, and “desacato” offenses that refer to insulting or offending the state or state officials.

Leave a comment

Filed under International News Coverage, South America

Getting UNGA to get real on press freedom

Joel Simon from the Committee to Protect Journalists has a featured piece in Columbia Journalism Review on how the United Nations should — but really can’t — do something about press freedom.

What can the UN do for press freedom?

Bottom line: Not much, but it can make some nice statements.

Responding to an upsurge in media killings, particularly of journalists working in conflict zones, the UN has prioritized the issue of journalists’ safety in recent years. In 2012, UNESCO, the UN agency charged with defending press freedom, launched a Plan of Action on the Safety of Journalists and the Issue of Impunity. The following year, the General Assembly passed a resolution to create an International Day to End Impunity for crimes against journalists, marked each year on November 2.

In July 2013, Kathleen Carroll, executive editor of the Associated Press, become the first ever journalist to address the Security Council. She noted, “Most journalists who die today are not caught in some wartime crossfire, they are murdered just because of what they do. And those murders are rarely ever solved; the killers rarely ever punished.” Last May, the Security Council passed a historic resolution reaffirming the international legal protections for journalists covering armed conflict. Secretary General Ban Ki-moon regularly condemns the killing of journalists, and calls on member states to take action.

All of these measures are important, and have tremendous symbolic value. But it is difficult to point to concrete advances in response to UN action. In fact, the level of violence against journalists has increased in recent years, and imprisonment of journalists around the world has reached record levels. Recent high-profile cases—including the conviction of three Al Jazeera reporters in Egypt; the ongoing imprisonment of Washington Post reporter Jason Rezaian in Iran; and the seven-and-a-half-year sentence handed down to renowned investigative reporter Khadija Ismayilova in Azerbaijan—demonstrate that when it comes to imprisoning journalists, repressive governments are increasingly unresponsive to international pressure.

Simon argues journalists, diplomats and other human rights defenders need to use the occasion of the annual opening of the UN General Assembly, when leaders from around the world come to New York to argue for more action to protect journalists in their home countries.

Over the years, the Committee to Protect Journalists, which I head, has used the General Assembly to secure commitments from a number of heads of state, including former President Vicente Fox of Mexico, who agreed to appoint a special prosecutor for crimes against journalists, and President Recep Tayyip Erdogan of Turkey, who committed during a meeting at the Council on Foreign Relations to receive a CPJ delegation in Ankara.

Simon says this one-on-one approach should not let the United Nations, itself, off the hook, but it appears to the only way — for now — to get things done.

He argues journalists should demand accountability from the leaders who speak a the UNGA for their violations of press freedom. By just reporting the speeches and not looking at the records of the speakers, journalists become accomplices in efforts to whitewash media repression.

This item was initially posted at the SPJ International Community site: Journalism and the World.

Leave a comment

Filed under Press Freedom