BLOGMon, 31 Dec 2007
1. Austria Author jailed for holocaust denial - A right-wing Austrian writer who fled to Spain after being convicted on Holocaust denial charges 15 years ago must serve his 18-month sentence, Vienna's highest court said Monday. Gerd Honsik, 67, must serve out the sentence handed down in 1992, the court said, rejecting his plea for leniency because of his age and a kidney ailment. Source – SF Gate.com 3.12.07 http://www.sfgate. com/cgi-bin/ article.cgi? f=/n/a/2007/ 12/03/internatio nal/i115656S54. DTL Council of Europe’s Commissioner for Human Rights suggests to the Austrian authorities taking criminal defamation out of the statute books - The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg today presented his report on the human-rights situation in Austria. Mr Hammarberg underlined the positive steps undertaken by the Austrian authorities to improve the protection and promotion of human rights and welcomed the ongoing constitutional reform process as an opportunity to codify clearly all fundamental rights.
Source – Council of Europe 12.12.07 https://wcd. coe.int/ViewDoc. jsp?id=1225319& Site=DC&BackColo rInternet= F5CA75&BackColor Intranet= F5CA75&BackColor Logged=A9BACE 2. Belarus
Independent newspaper in Belarus faces closure - One of the last independent newspapers in Belarus, Novy Chas, is fighting in court to continue publication, according to Radio Free Europe/Radio Liberty. Source – IJ Net 14.12.07 http://www.ijnet. org/Director. aspx?P=Article& ID=307036& LID=1 Free expression deteriorating in Belarus, mission finds -The government of Belarus has failed to make progress in improving free expression conditions over the past two and a half years, even further stifling journalists and writers, Norwegian PEN and the International Publishers Source – Data Minsk 13.12.07
http://www.data. minsk.by/ belarusnews/ 122007/147. html 3. Belgium Welcome to Belgium, where the drive for ‘sexual equality’ is now getting beyond a joke - A government-run equality institution has forced a DVD rental company to stop an amusing advertising campaign on the grounds that it is sexist. But the patronising view of women endorsed by this decision, and the chilling effect the ruling will have on other advertisers, is far more offensive than the highly ironic campaign. Source – Spiked Online 3.12.07 http://www.spiked- online.com/ index.php? /site/article/ 4142/ 4. EU/Brussels
EBU President calls for more action to protect journalists - In a keynote speech to the World Electronic Media Forum on the International Day of Human Rights, Fritz Pleitgen, President of the European Broadcasting Union (EBU) called for a new initiative to save the lives of journalists, and to roll back a trend towards repression of freedom of expression. Source – Media Network Blog 11.12.07 http://blogs. rnw.nl/medianetw ork/ebu-presiden t-calls-for- more-action- to-protect- journalists EU acts over excessive advertising on Italian TV - The European Commission on Tuesday began infringement procedures against Italy for allowing too many advertisements on television in violation of EU rules.
] Source – EU Business.com 11.12.07 http://www.eubusine ss.com/news- eu/1197390721. 63 5. France Amazon.com ordered to stop free delivery in France - Amazon.com may not offer free delivery on books in France, the high court in Versailles has ruled. The action, brought in January 2004 by the French Booksellers' Union (Syndicat de la librairie française), accused Amazon of offering illegal discounts on books and even of selling some books below cost.
Source – NY Times 12.12.07
http://www.nytimes. com/idg/IDG_ 002570DE00740E18 002573AF005B04A4 .html OSCE media watchdog calls for protection of sources law in France after journalist charged over intelligence leaks – Miklos Haraszti, the OSCE Representative on Freedom of the Media, today called upon the French government to introduce, as pledged, measures to ensure the protection of journalistic sources. Source – OSCE 12.12.07
http://www.osce. org/item/ 28817.html 6. Gambia
Boost for campaign to end impunity and human rights violations in Gambia - A two-day meeting to bring to the attention of the public, the deteriorating human rights situation in the Gambia, will begin in Accra On Thursday, November 8, 2007. Source – Media Foundation for West Africa 7.11.07 http://www.mediafou nd.org/index. php?option= com_content& task=view& id=55&Itemid= 45 7. Georgia OSCE media freedom watchdog welcomes reopening of Imedi TV in Georgia - The OSCE Representative on Freedom of the Media, Miklos Haraszti, today expressed satisfaction with the Georgian authorities' willingness to enable television station Imedi to resume broadcasting. Source – OSCE 7.12.07 http://www.osce. org/item/ 28756.html 8. Greece
Greek neo-Nazi author on trial - A militant Greek neo-Nazi went on trial on Monday over his book denying the Holocaust took place and calling Jewish people "subhuman." The trial, the first of its kind in Greece, saw a group of neo-Nazis making Hitler salutes in the corridors of the courthouse, putting up "Fans of Hitler" posters and handing out anti-Semitic leaflets. Source – European Jewish Press 4.12.07 http://www.ejpress. org/article/ 22268 9. Hungary
OSCE media freedom watchdog welcomes acquittal of Hungarian journalist in secrecy case, urges legislative reforms - Miklos Haraszti, the OSCE Representative on Freedom of the Media, greeted today's acquittal of journalist Antonia Radi, and called on the Hungarian authorities to reform legislation on disclosing state secrets. Source - OSCE 19.12.07 http://www.osce. org/item/ 28999.html 10. India
Caught on phone man lands in jail on contempt charges - A Recorded conversation of a man using derogatory language against the Punjab and Haryana High Court today led to his arrest. Amrik Singh, an executive member of the Truck Union, Banur, was taken into custody after a Division Bench of the High Court listened to a recorded conversation between him and a journalist in which the former had used objectionable language against the court. Source – Express India 14.12.07 http://www.expressi ndia.com/ latest-news/ Caught-on- phone-man- lands-in- jail-on-contempt -charges/ 250177/ Editors Guild to push for changes in contempt law - The Editors Guild of India will campaign for changes in the Contempt of Court Act, as "the present suo motu prosecution of media and journalists by the judiciary is casting a shadow on the freedom of the press." Source – Times of India 6.12.07 http://timesofindia .indiatimes. com/India/ Editors_Guild_ to_push_for_ changes_in_ contempt_ law/articleshow/ 2599026.cms 11. Iraq Iraqi Kurd Media Bill Draws Protest - Lawmakers in Iraq's self-ruled Kurdish region approved a measure that would allow courts to accuse journalists of "vague offenses" relating to terrorism or disturbing security, drawing protests Friday from Kurdish journalists and an international media advocate Source – Associated Press/Google 15.12.07 http://ap.google. com/article/ ALeqM5h3Mzs0ZJ1D XNulqGBGbLhnREZu EQD8THFLEO1 12. Ireland Tiger Woods’ wife wins libel lawsuit - The wife of golfer Tiger Woods won $183,250 and an apology Friday from an Irish magazine that published an abusive article and a faked nude photo of her. Trevor White, publisher of The Dubliner, conceded that the article - published in September 2006 when Ireland was hosting the Ryder Cup - "was cheap, tasteless, and deliberately offensive. It was also completely untrue."
Source – CBS 8.12.07 http://www.cbs8. com/sports/ story.php? id=111239 13. New Zealand
Noel Rogers v Television New Zealand Ltd - The public interest in allowing a broadcaster to air footage in which a man tells police how he murdered a young woman outweighs his right to privacy, although he was acquitted of the crime, New Zealand's Supreme Court has decided. 14. Pakistan International Human Rights Day - For human rights activists in Pakistan, 2007 was one of the darkest years in history. Five weeks into their campaign of protests since President Pervez Musharraf imposed emergency rule and brought in anti-media laws on 3 November, journalists in Pakistan linked arms with the rest of civil society and observed 10 December as a black day. Source – IFEX 11.12.07 http://www.ifex. org/en/content/ view/full/ 88589/ TV channel's petition dismissed - The Sindh High Court dismissed as not maintainable on Tuesday a writ petition against the suspension of Geo television channel transmissions. Advocate-General Masood A. Noorani appeared on court notice and submitted that the petition was not competent under the Provisional Constitution Order, which had suspended Articles 19 (freedom of expression) and 25 (equality of citizens) and the terms of the licence agreed to by the petitioner company Independent Media Corporation and the Pakistan Electronic Media Regulatory Authority. Source – Ask Media 4.12.07
http://www.asiamedi a.ucla.edu/ article-southasi a.asp?parentid= 83439 Peruvian High Court Urged to Disclose Officials' Assets Declarations – The Open Society Justice Initiative intervened recently in a case before Peru’s Constitutional Tribunal urging full disclosure of the assets declarations of public officials..
Source – Open Society Justice Initiative 29.11.07 http://www.justicei nitiative. org/db/resource2 ?res_id=103952 15. Russia Russian journalist right to freedom breached – Courts in the Russian Federation republic of Tyva breached a journalist's right to freedom of expression when they fined him for defamation over a question he posed during a live phone-in television show, the European Court of Human Rights has decided. The decision advances the idea that public figures have to be more robust in their attitude to publicity than others, said media law specialist Mark Stephens, a partner with London law firm Finers Stephens Innocent. "It seems to me that the public figure is gaining some ground in the Court," he said. "This decision is nowhere near the American case of New York Times v Sullivan, but the court is certainly treating public figures as if they should be more robust," he said. The court had also used the case to emphasise that there had to be a direct link between the allegedly defamatory statement and the person or people who claimed to be affected by it, he added. Journalist Aleksandr Filatenko applied to the European Court of Human Rights after being fined 12,500 roubles - the equivalent of £250 - over a question he put to election candidates on a programme being broadcast just four days before a general election in December 1999. The question, phoned in by a reader, referred to an incident in which the Tyva republic's flag was torn from a car which was part of a motorcade for the election candidate for the Otechestvo Party. Mr Filatenko was sued for defamation by the Edinstvo Movement political party. But when it was realised that a corporate body could not recover pecuniary damages, the party's place in the action was taken over by five people who worked in its headquarters. There was disagreement about how Mr Filatenko worded the question. The complainants said he presented the incident as if the Tyva flag was torn down and stamped on by people from the Edinstvo campaign headquarters, while Mr Filatenko denied having made such an allegation - he only admitted to having specified that the incident happened near the headquarters. The Kyzyl District Court accepted the claimants' version of how the question was worded. There was no video recording of the show and the court had to rely on witness testimonies. It accepted statements confirming claimants' version of the wording of the question from four people directly connected with the Edinstvo Movement, saying it had no grounds "to doubt their objectivity" . But it dismissed statements by Mr Filatenko's colleagues as unreliable because of their connection with the broadcasting company. It rejected a further statement by an independent witness monitoring the media during the electoral campaign, which corroborated Mr Filatenko's statement, simply because it contradicted the Edinstvo witness statements. The district court concluded that while the question submitted by the viewer was not defamatory, Mr Filatenko's presentation of it amounted to a damaging allegation. A seven-judge chamber of the European Court of Justice upheld Mr Filatenko's application, declaring that his conviction for defamation violated his right to impart information and impaired his freedom of expression as a journalist. It reiterated that, as a general rule, any opinions and information aired during an electoral campaign should be considered part of a debate on questions of public interest - there was little scope under Article 10 for restrictions on such debate. Similarly, punishing a journalist for having worded a question in a certain way, thus seriously hampering the press' contribution to a matter of public interest, should not be envisaged unless there was particularly strong justification. The timing of the broadcast - just before elections - and its format as a live showed aimed at encouraging lively political debate, necessitated very good reasons for any kind of restriction on its participants' freedom of expression. The district court had not treated witnesses in the case equally - it had accepted the statements supporting the claimants' case, although those witnesses were all connected with the Edinstvo Movement, but rejected statements from Mr Filatenko's colleagues because they were linked to him and the broadcaster. The district court also rejected the only statement by an independent and professional media observer simply because it did not corroborate what the Edinstvo witnesses said. The Court found that the Russian courts had failed to make an acceptable assessment of the facts and did not give sufficient reasons for finding that the applicant's wording of the question was defamatory. The decision, published on December 6, went on: "The Court next reiterates that, for an interference with the right to freedom of expression to be proportionate to the legitimate aim of the protection of the reputation of others, the existence of an objective link between the impugned statement and the person suing in defamation is a requisite element. "Mere personal conjecture or subjective perception of a statement as defamatory does not suffice to establish that the person was directly affected by the publication. There must be something in the circumstances of a particular case to make the ordinary reader feel that the statement reflected directly on the individual claimant or that he was targeted by the criticism. "These principles also apply in the sphere of television and radio broadcasting, as in the instant case." Although none of the complainants in the district court proceedings was mentioned by name or identified during the broadcast, the district court had accepted that the audience was given the impression that the plaintiffs' reputations were affected. The reasons on which this finding was premised "do not appear sufficient", the Chamber court said. Finally, it said, there could be no serious doubts about Mr Filatenko's good faith. He had merely requested a reaction from the show's participants on an event of major public concern, and made no affirmations. He could not be criticised for having failed to verify facts, given the obvious constraints of a live television show. In any event, a representative of the Edinstvo political movement had been present and invited to respond to the question. Case of Filatenko v Russia Application no. 73219/01. European Court of Human Rights, First Section, sitting as a Chamber. Decision: December 6, 2007. Press freedom commitments not met during Russian electoral campaign, says OSCE media freedom watchdog - The OSCE Representative on Freedom of the Media, Miklos Haraszti, said today that harassment of media outlets, legislative limitations, and arbitrary application of rules prevented equal media access by the political forces during the 2 December Duma elections in Russia. Source – OSCE 4.12.07
http://www.osce. org/item/ 28670.html 16. Serbia
Government, experts differ on plans to halt minority media privatization - The privatization of media in Serbia was due to completed by the end of the year, except that Milan Markovic, minister for state administration and local self-rule, and Vojvodina Executive Council President Bojan Pajtic, called for halting the privatization of electronic media broadcast in minority languages in Vojvodina. Source – Black Enterprise 11.12.07 http://www.blackent erprise.com/ yb/ybopen. asp?section= ybsb&story_ id=112807160& ID=blackenterpri se 17. Somalia
Independent UN rights expert concerned at expulsion of journalists in Somalia - An independent United Nations human rights expert today expressed concern at recent reports that authorities in the self-declared Somaliland have ordered 24 journalists to leave the region of northern Somalia within the next few days. Source – UN 7.12.07 http://www.un. org/apps/ news/story. asp?NewsID= 24980&Cr= somalia&Cr1= Country Enacts New Media Law - Somali legislators meeting in the south-central city of Baidoa debated media rights in the country Saturday and passed a new bill that would regulate the media nationwide. Lawmakers listened to a presentation from a committee composed of parliamentarians and media representatives who helped draft the new bill.
Source – All Africa 8.12.07
http://allafrica. com/stories/ 200712090057. html 18. South America
AMARC concerned by possible external interference in decision to appoint new IACHR Freedom of Expression Rapporteur - AMARC and two other organisations are concerned about alleged external interference in a proposal to select a new Special Rapporteur for Freedom of Expression of the Inter-American Human Rights Commission (IACHR). Source – IFEX 3.12.07 http://www.ifex. org/en/content/ view/full/ 88140/ 19. Sudan Media in Sudan at a Crossroads - Independent media in Sudan still face severe challenges to pursue their right to express themselves freely. Although the Comprehensive Peace Agreement, ending the 21 year long civil war between North and South Sudan, opened up space for a more democratic setup for media ownership and practice of journalism, issues such as censorship, harassment and persecution continue to challenge the media.
Source – Arab Press Network 27.11.07
http://www.arabpres snetwork. org/articlesv2. php?id=1679 20. Switzerland
Fine imposed on Swiss journalist - The Grand Chamber of the European Court of Human Rights has overturned a judgment by a Chamber court that a fine imposed on a Swiss journalist who disclosed part of the contents of a report by the country's Ambassador to the United States on discussion about compensation for Holocaust victims breached his right of freedom of expression. The ruling, by a majority of 12 to five, reversed a decision in favour of the journalist which reached by a majority of four votes to three by a Chamber court on April 25, 2006. It followed an appeal to the Grand Chamber by the Swiss government. The case concerned Zurich-based journalist Martin Stoll, who was fined after disclosing in the press a confidential report by the Swiss ambassador to the United States relating to the strategy the Swiss Government should adopt in negotiations between, among others, the World Jewish Congress and Swiss banks on compensation due to Holocaust victims for unclaimed assets deposited in accounts. The paper, classified as confidential, was drawn up in December 1996 by Carlo Jagmetti, the then Swiss ambassador to the United States, and sent to the person in charge of the matter at the Federal Department of Foreign Affairs in Berne. Copies were sent to 19 other people in the Swiss Government and the federal authorities and to the Swiss diplomatic missions in Tel Aviv, New York, London, Paris and Bonn. Mr Stoll obtained a copy. On January 26, 1997, the Zürich Sunday newspaper the Sonntags-Zeitung published, among other things, two articles by Mr Stoll under the headings "Ambassador Jagmetti insults the Jews" and "The ambassador in bathrobe and climbing boots puts his foot in it". The next day the Zürich daily the Tages-Anzeiger reproduced extensive extracts from the strategy paper; subsequently, the newspaper the Nouveau Quotidien also published extracts from the report. In January 1999 Zürich District Court fined Mr Stoll 800 Swiss francs - about £345 - for publishing "secret official deliberations" . Mr Stoll's appeals were dismissed in December 2000. The Swiss Press Council, to which the case was also referred, said the publications were legitimate given the importance of the public debate concerning the assets of Holocaust victims. But in March 1997, it found that by shortening the analysis and failing to place the report sufficiently in context, Mr Stoll irresponsibly made the ambassador's remarks appear sensational and shocking. The Grand Chamber said in its decision that the issue of unclaimed assets not only involved substantial financial interests, but also had a significant moral dimension which meant that it was of interest even to the wider international community. In assessing whether the measure taken by the Swiss authorities were necessary, it would take account of how the public interests at stake were weighed up. Mr Stoll's articles were capable of contributing to public debate on the unclaimed assets, which were the subject of lively discussion in Switzerland at the time, and the public had an interest in publication of the articles. It was vital to diplomatic services and the smooth functioning of international relations for diplomats to be able to exchange confidential or secret information. But the confidentiality of diplomatic reports could not be protected at any price; in that connection, the content of the report and the potential threat posed by its publication had to be taken into account. The disclosure then of extracts from the ambassador's report was liable to have negative repercussions on the smooth progress of the negotiations in which Switzerland was engaged, on account not just of the ambassador's remarks themselves but of the way in which Mr Stoll presented them. The disclosure - albeit partial - of the ambassador's report was capable of undermining the climate of discretion needed for the successful conduct of diplomatic relations in general and of having negative repercussions on the negotiations being conducted by Switzerland in particular. The Court therefore concluded that, given that they had been published at a particularly delicate juncture, Mr Stoll's articles were liable to cause considerable damage to the interests of the Swiss authorities. On the issue of Mr Stoll's conduct, the Court took the view that, as a journalist, he could not have been unaware that disclosing the report was punishable under the Swiss Criminal Code. It also considered that the content of his articles was clearly reductive and truncated and the vocabulary used tended to suggest that the ambassador's remarks were anti-Semitic. Mr Stoll had, "in capricious fashion", started a rumour which had undoubtedly contributed to the ambassador's resignation and which related directly to one of the very phenomena at the root of the unclaimed assets issue, namely the atrocities committed against the Jewish community during the Second World War. The Court reiterated the need to deal firmly with allegations and/or insinuations of that nature. The Court noted that the way in which the impugned articles had been edited, with sensationalist headings, seemed hardly fitting for a subject as important and serious as that of the unclaimed funds. It also observed the inaccurate nature of the articles, which were liable to mislead readers. In these circumstances, and bearing in mind that one of the articles was on the front page of a Swiss weekly newspaper with a large circulation, the Court shared the opinion of the Swiss Government and the Press Council that Mr Stoll's chief intention was not to inform the public on a topic of general interest but to make Ambassador Jagmetti's report the subject of needless scandal. The truncated and reductive form of the articles in question, which was liable to mislead the reader as to the ambassador's personality and abilities, had considerably detracted from the importance of their contribution to the public debate protected by Article 10. Finally, the fine imposed on Mr Stoll was not disproportionate. There was no violation of Article 10. Case of Stoll v Switzerland Application No 69698/01. European Court of Human Rights, Grand Chamber, on appeal from Chamber judgment of April 25, 2006. Decision: December 10, 2007. 21. Tunisa
Journalist given one year jail sentence in “unfair trial” - Five months after human rights lawyer Mohamed Abbou's early release from jail, a Tunisian journalist has been sentenced to one year in prison following an unfair trial, say the Observatory for the Freedom of Press, Publishing and Creation in Tunisia (OLPEC), the Committee to Protect Journalists (CPJ) and other IFEX members. Source – IFEX 11.12.07 http://www.ifex. org/en/content/ view/full/ 88580 22. Turkey
International Human Rights Day In Turkey, new IFEX member the Initiative for Freedom of Expression draws attention to how the courts are celebrating a whole week of human rights: "by trying academics, politicians, artists, writers, publishers and journalists for expressing their ideas. Source – IFEX 11.12.07 http://www.ifex. org/en/content/ view/full/ 88589/ 23. United Arab Emirates Freedom of expression is missing despite a decision banning imprisonment for press crimes - Despite the wise decision issued by Sheikh Mohammed Bin Rashid Al Maktoom-the prime minister and Dubai's governor- not to imprison journalists in press crimes and despite the decision was welcomed widely in local and international circuits and among concerned organizations as they regarded the decision a victory for the press and the freedom of opinion and expression Source – Arabic Network for Human Rights Information 27.11.07 http://www.hrinfo. net/en/reports/ 2007/pr1127. shtml Symposium calls for regulation of Arab satellite television - Media specialists from across the Arab world met in Tunis Saturday (November 17th) for an international symposium on the challenges of Arab satellite broadcasting, hosted by the Arab States Broadcasting Union (ABSU). Source – Magharebia 21.11.07 http://www.maghareb ia.com/cocoon/ awi/xhtml1/ en_GB/features/ awi/features/ 2007/11/21/ feature-02 24. UK
Censors battle for Manhunt 2 ban - British censors are seeking a judicial review to block the sale of controversial video game Manhunt 2. Last week developer Rockstar won a hearing at the Video Appeals Committee to have a ban on the title lifted. Source – BBC 18.12.07 http://news. bbc.co.uk/ 2/hi/technology/ 7148636.stm Ban lifted on violent video game - Banned video game Manhunt 2 is set for release in Britain after its makers won an appeal against the censors. The British Board of Film Classification (BBFC) twice rejected the game earlier this year, saying it demonstrated "casual sadism" and an "unrelenting focus on stalking and brutal slaying". Source – MSN 12.12.07
http://news. uk.msn.com/ Article.aspx? cp-documentid= 6960745 Brighton to ban ‘murder music’ in clampdown on hate artist - Brighton and Hove is to become the first British city to prohibit art that incites racist, homophobic or sectarian violence. Proposals to ban from the city’s pubs, clubs and galleries any exhibition, music or performance that provokes hatred of minorities are expected to be ratified next week as part of a review of the council’s licensing policy.
Source – The Times 6.12.07
http://entertainmen t.timesonline. co.uk/tol/ arts_and_ entertainment/ music/article300 7285.ece Miller wins biggest payout for invasion of privacy - The Sun and The News of the World were forced to pay the actress Sienna Miller damages yesterday for publishing nude photographs taken against her will during the filming of a movie.
Source – Independent 8.12.07
http://news. independent. co.uk/uk/ legal/article323 3320.ece# 2007-12-08T00: 00:01-00: 00 Dawkins' publisher faces jail over 'atheist manifesto' – Richard Dawkins' best-selling atheist manifesto The God Delusion was at the centre of a growing row over religious tolerance yesterday after the Turkish publishers of his book were threatened with legal action by prosecutors who accuse it of 'insulting believers'.
Source – Independent 30.11.07 http://news. independent. co.uk/europe/ article3209882. ece Press Complaints Commission criticizes staged photograph - The PCC has criticised Chat magazine for publishing a staged photograph of a murder victim in breach of Clause 1 (Accuracy) and Clause 5 (Intrusion into grief and shock). The picture, which showed a female body wrapped in bin liners to illustrate how the victim was found, was included in a story about a woman's relationship with the murderer. There was no caption making clear that the photo had been staged, and the victim's step-father complained that it had caused considerable distress to the family. One family member thought that the picture was genuine. The magazine accepted that the photograph should have been captioned, and sincerely regretted the distress caused to the complainant' s family. The Commission found two breaches of the Code. First, the magazine's failure to make clear to readers that the photograph had been staged was a breach of Clause 1 (Accuracy) of the Code. Second, and of greater concern to the Commission, was the fact that the use of this misleading picture, near the anniversary of the death, showed "a total disregard for the family of the dead woman". The magazine's "cavalier approach" in this instance constituted a clear breach of both the letter and spirit of Clause 5 of the Code.
The magazine is set to publish the adjudication in a forthcoming edition. To read the full text, click here http://www.pcc. org.uk/cases/ adjudicated. html?article= NDgyNw== 25. UN
ITU announces first global set of standards for IPTV - The International Telecommunication Union announced the first set of global standards for Internet Protocol TV (IPTV) today. The standards were built with technical contributions from leading service providers and manufacturers from the information and communication technology (ICT) sector and cement ITU’s role as the global leader in IPTV standards development. Source – International Telecommunications Union 18.12.07 http://www.itu. int/newsroom/ press_releases/ 2007/40.html
26. Uruguay New community media law gets final approval from parliament - Reporters Without Borders hails the definitive adoption of a community media law by the chamber of representatives on 12 December. The press freedom organisation has always supported this law, drafted with civil society help, and regards it as an example for the rest of Latin America, although implementation will not be easy because of the many small radio stations involved.
Source – Reporters without Borders 14.12.07 http://www.rsf. org/article. php3?id_article= 24760 27. US St. Paul Police Subpoena Reporter's Cell Phone Records - Minneapolis St. Paul police subpoenaed the cell phone records of a KMSP-TV reporter and the phone records of a Ramsey County sheriff's department employee after the reporter obtained an arrest report that should have been public data, the station reported Tuesday night. Source – Editor & Publisher 12.12.07 http://www.mediainf o.com/eandp/ news/article_ display.jsp? vnu_content_ id=1003684268 One in 6 jailed journalists are held without charge – One in six journalists jailed worldwide are being held without any publicly disclosed charge, many for months or years at a time and some in secret locations, the Committee to Protect Journalists has found in a new analysis. Source – CPJ 5.12.07 http://www.cpj. org/Briefings/ 2007/imprisoned_ 07/imprisoned_ 07.html Religious Broadcasters Love Removal of Hate-Crimes Provision – Religious broadcasters were celebrating Friday over the removal of a hate-crimes provision from the National Defense Authorization Act.The American Civil Liberties Union supported the provision, saying that it protected free-speech rights while punishing only the hateful conduct. Source – 12.7.07 http://www.broadcas tingcable. com/article/ CA6510760. html 28. Venezeula
Newspaper will stop being published due to lack of dollars with which to buy paper - The newspaper Correo del Caroní will stop publishing its printed edition on 12 December 2007 because the company that provides it with paper cannot import it any more as it cannot pay its price in dollars. The acquisition of dollars has been restricted and controlled by the Commission for the Administration of Currencies (CADIVI), created by the government in 2003. However, the newspaper will continue to be published on the Internet. The paper’s editor, David Natera Febres, stated to the newspaper El Universal, that the government’s prohibition of the free acquisition of dollars in order to buy paper is a political strategy against Hugo Chávez’s opponents. Correo del Caroní is critical of the government. It was founded thirty years ago in Ciudad Guayana, southern Venezuela. Natera is president of the Bloque Venezolano de Prensa, an organization that groups most of the country’s printed media. The first time something similar happened was in 2003, when – after the currency control was implemented – paper was taken off the list of essential products. The government rejected the prohibition after the media protested. Recommended Action: Send an appeal requesting the president of the Commission for the Administration of Currencies (CADIVI), Lieutenant Colonel Manuel Antonio Barroso, to explain the motives for the restriction. Appeals to: Lieutenant Colonel Manuel Antonio Barroso Presidente de la Comisión de Administració n de Divisas (CADIVI) Phones: 58- 212-606.34.99 / 58-212-606.39. 95 / E- mail: denuncias@cadivi. gob.ve audiencias@cadivi. gob.ve ------------ --------- --------- --------- -- INSTITUTO PRENSA Y SOCIEDAD (IPYS) Sucre N° 317, Barranco, Lima - PERÚ Teléfono: 511- 2473308 / 247-4461 / 247-4465 Fax: 511-2473194 postmaster@ipys. org www.ipys.org 29. Various/Useful Links a) The European Audiovisual Observatory is seeking a potential partner http://www.obs. coe.int/about/ tender_taxlawcoo pagreement. html b) The Editors Code of Practice Committee http://www.editorsc ode.org.uk c) Article 19 – Freedom of Information in Latin America http://www.article1 9.org/work/ regions/latin- america/FOI/ d) Bobcatsss 2008 – Providing access to information for everyonehttp://www.bobcatss s2008.org/ e) Master’s in Public Policy, Public Administration, and Public Administration/ International Development Fellowships John F. Kennedy School of Government, Harvard University The Kokkalis Program strives to support individuals committed to invigorating the public sector in Southeastern and East-Central Europe by providing fellowships for study at Harvard’s John F. Kennedy School of Government. Eligible to apply for a 2008 Kokkalis Fellowship are natives of Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Greece, Hungary, the Former Yugoslav Republic of Macedonia, Moldova, Montenegro, Romania, Serbia, Slovenia and Turkey who are applying for one of the following degree programs: Master in Public Policy (MPP); Master in Public Administration (MPA2); Mid-Career Master in Public Administration (MC/MPA); Master in Public Administration in International Development (MPA/ID). Candidates with academic and/or professional backgrounds in one of the following fields are highly encouraged to apply: public policy and/or administration, the non-profit sector, law, economics, social sciences, or related fields. All applicants should demonstrate a strong commitment to public service and the region of Southeast Europe. Candidates must complete both the online Kennedy School application for admission and Kokkalis Fellowship application. For further details on the application process, prospective applicants should visit http://www.ksg. harvard.edu/ kokkalis/ fellowships. html. Information on applying for the Kokkalis Fellowship can also be obtained at the following locations: Ankara: The Fulbright Commission+90 Athens:The Kokkalis Foundation+30 Belgrade:U.S. Embassy, Public Affairs Office+381 11 361 9344 Bucharest:The Fulbright Commission+40 21 230 7719 Budapest:The Fulbright Commission+36 1 462 8040 Chisinau:U.S. Embassy, Public Affairs Office+373 22 408 300 Istanbul: The Fulbright Commission+90 LjubljanaU.S. Embassy, Public Affairs Office+386 1 2005500 PodgoricaU.S. Consulate+381 81 225 417 Sarajevo:U.S. Embassy, Public Affairs Office+387 33 445 700 Skopje:U.S. Embassy, Public Affairs Office+389 2 31 16 180 Sofia:The Fulbright Commission+359 2 981 8567 Tirana:U.S. Embassy, Public Affairs Office+355 4 247 285 Zagreb:U.S. Embassy, Public Affairs Office+385 1 661 2200 The Deadline for submission of the Kokkalis Fellowship application is 4 January 2008 . Deadlines for admission to KSG vary according to the degree program. Applicants should consult the following website for details: http://www.ksg. harvard.edu/ apply/deadlines. htm f) Experts gather to define indicators for measuring media development http://portal. unesco.org/ ci/en/ev. php-URL_ID= 25675&URL_ DO=DO_TOPIC& URL_SECTION= 201.html g) Reuters Foundation Fellowships http://reutersinsti tute.politics. ox.ac.uk/ fellowships/ reuters_foundati on_fellowships. html h) Guidelines for journalists covering the Kenyan Elections http://www.article1 9.org/pdfs/ tools/kenya- elections. pdf i) IPI seeks Press Freedom Manager, Press Freedom Adviser The International Press Institute (IPI), an international press freedom network of editors, media executives and journalists based in Vienna, Austria, is looking for a Press Freedom Manager and a Press Freedom Advisor.
The Press Freedom Manager plays a key role within the IPI management structure, including managing the work of IPI's Press Freedom Advisers. The Manager is also responsible for overseeing and developing IPI's press freedom programme, including planning IPI's missions and other advocacy/outreach activities and developing press freedom in a particular region. Applicants must have at least three years experience of managing people and projects in the field of human rights, preferably in the areas of press freedom and freedom of expression, as well as a willingness to travel. The Press Freedom Adviser will carry out IPI's press freedom activities in a particular region. Responsibilities include: advising and reporting on press freedom issues, developing and overseeing projects and programmes in the region, and liaising with donors, local coordinators and sponsors.Applicants should hold a degree and should be able to demonstrate either experience or in-depth knowledge of the human rights field, preferably in the area of press freedom. A willingness to travel is essential. For both jobs, applicants should have strong written and spoken English skills at the level of a native English speaker. To apply, send your CV and a brief covering letter explaining to David Dadge, International Press Institute, at: ddadge(@)freemedia( .)at j) Media activities of the Council of Europe Activities of the Council of Europe Media and Information Society Division - December 2007 You will find below the list of activities carried out by the Media and Information Society Division in December 2007. I would encourage you to visit our website for additional information: www.coe.int/ media Should you need any further information, please do not hesitate to contact us. With best wishes, December 2007 Media literacy development, organised in cooperation with the of the Council of Europe Education and Higher Education Department (DGIV) 5-7 December, Graz (Austria) LH 20763 2nd multilateral consultation meeting on the European Convention on the legal protection of services based on, or consisting of conditional access (ECCA) 10 December, Strasbourg, Council of Europe AVK 20446 Drafting, Translation into Armenian and Publication of a practical handbook on the professional media coverage of elections, organised in cooperation with Internews Armenia, in the framework of the Joint Programme between the European Commission and the Council of Europe to promote the democratic process in Ukraine and South Caucasus States 10 December FK 20575 Seminar Regulation of on-line media: boundaries of freedom and willfulness' ', organised in cooperation with Internews Ukraine, in the framework of the Joint Programme between the European Commission and the Council of Europe to promote the democratic process in Ukraine and South Caucasus States 12 December, Kyiv (Ukraine) KH 20980 Seminar on ''Ethical standards and self-regulation of media'', organised in cooperation with Miross Agency, in the framework of the Joint Initiative between the European Agency for Reconstruction and the Council of Europe to promote freedom of expression and information and freedom of the media in Serbia 17 December, Belgrade (Serbia) LD 15496 Seminar for judges on media coverage of judicial, organised in cooperation with the International Foundation "Centre for Judicial Studies", in the framework of the Joint Programme between the European Commission and the Council of Europe to promote the democratic process in Ukraine and South Caucasus States 18 December, Zaporizhia (Ukraine) LD 20793 Seminar for journalists on media coverage of judicial, organised in cooperation with the International Foundation "Centre for Judicial Studies", in the framework of the Joint Programme between the European Commission and the Council of Europe to promote the democratic process in Ukraine and South Caucasus States 19 December, Zaporizhia (Ukraine) LD 21046 Training seminar for media professionals on new formats for a citizen-based coverage of elections, organised in cooperation with Internews Ukraine, in the framework of the Joint Programme between the European Commission and the Council of Europe to promote the democratic process in Ukraine and South Caucasus States 20-21 December, Yerevan (Armenia) FK 20471 Follow-up written expertise on the revised draft Broadcasting Code for Georgia December FK 19285 Workshop for the managers and journalists of the Public TV and Radio of Georgia in view of enhancing transparency and independence in its functions, organised in the framework of the Joint Programme between the European Commission and the Council of Europe to promote the democratic process in Ukraine and South Caucasus States December, Tbilisi (Georgia) LD 20595 Round Table with all major stakeholders on amendments to the broadcasting law December, Tirana (Albania) KH 19141 Expert comments on a first draft of the amended Albanian broadcasting law December KH 19142Media & Information Society Division Directorate General of Human Rights & Legal Affairs Council of Europe FR - 67075 Strasbourg Fax: +33 3 88 41 27 05 http://www.coe. int/media k) IPYS and Transparency International: Nominations are invited for Award for Investigative Journalism into Corruption Issues in Latin America Posted: Dec 31 2007, 16:44 (/newsletter_December_2007) [ Return to top ] Fri, 30 Nov 20071. Africa
2. Argentina
3. Azerbaijan
4. Balkans
5. Bermuda
6. China
7. Czech Republic
8. Dubai
9. Egypt
10. EU/Brussels
11. France
12. Germany
13. Iraq
14. Korea
15. Macedonia
16. Myanmar
17. Netherlands
18. New Zealand
19. Pakistan
20. Peru
21. Russia
22. Singapore
23. Somalia
24. Spain
25. UK
26. US
27. Venezuela
28. Various/Useful Link
1. Africa
Continent's journalists parley on media restrictions – African journalists yesterday met in Abuja to discuss strategies on the fight against governmental control and assaults on media professionals in the continent. The opening ceremony was declared open by President Umaru Musa Yar'Adua with them "Building a Strong and United Voice for African Journalists" .
Source – All Africa 13.11.07
http://allafrica. com/stories/ 200711130077. html Continent's Journalists Parley on Media Restrictions - African journalists yesterday met in Abuja to discuss strategies on the fight against governmental control and assaults on media professionals in the continent. The opening ceremony was declared open by President Umaru Musa Yar'Adua with them "Building a Strong and United Voice for African Journalists" . Source – All Africa 13.11.07 http://allafrica. com/stories/ 200711130077. html 2. Argentina
Manipulative government advertising undermines coverage in Argentina says CPJ - It came as no surprise that Cristina Fernández, wife of outgoing President Néstor Kirchner, was elected Argentina's president over the weekend. "News for Sale", the latest report from the Committee to Protect Journalists (CPJ), looks at one of the secrets behind her success: how her husband rewarded "friendly" news outlets with lucrative government advertising contracts. Source – IFEX 30.10.07 http://www.cpj. org/Briefings/ 2007/argentina_ 07/index. html 3. Azerbaijan
Editor slammed with severe sentence: 27 IFEX members support memorial for slain journalist – The editor of Azerbaijan's two largest independent papers was sent to jail for eight and a half years on terrorism and other charges, reflecting the government's increasing hostility towards free expression, say the Institute for Reporters' Freedom and Safety (IRFS), the Committee to Protect Journalists, Human Rights Watch, the International Press Institute (IPI) and Reporters Without Borders (Reporters sans frontières, RSF). Source – IFEX 6.11.07 http://www.ifex. org/en/content/ view/full/ 87464 Severe prison sentence for journalist violates Azerbaijan's commitment to free press, says OSCE media watchdog - The OSCE Representative on Freedom of the Media, Miklos Haraszti, criticized today the eight-and-a- half year combined prison sentence handed down to an Azerbaijani journalist and newspaper publisher.
Source – OSCE 1.11.07 http://www.osce. org/item/ 27685.html 4. Balkans Across the Balkans, media freedom still under constraint - If freedom of the media is a mirror of democratic processes, the region's reflection in that mirror is not so good. Most monitoring organisations confirm this. Particular examples dramatize just how unsatisfactory the situation still remains.
Source – South East European Times http://www.setimes. com/cocoon/ setimes/xhtml/ en_GB/features/ setimes/articles /2007/10/ 29/reportage- 01 5. Bermuda
Court rejects media gag order in Bermuda - Bermuda's media should not be banned from reporting further extracts from a leaked police dossier about corruption at the British territory's public housing corporation, London's Privy Council ruled on Monday.
Source – Reuters 30.10.07
http://uk.reuters. com/article/ domesticNews/ idUKNAT411078200 71030?feedType= RSS&feedName= domesticNews 6. China Yahoo! settles lawsuit brought by China journalists for abetting torture - Yahoo! Inc. agreed Tuesday to settle a lawsuit filed in US federal court alleging that the Internet giant aided and abetted human rights violations committed by the Chinese government by providing Chinese officials with information, including e-mail records and user ID numbers, that helped them to identify pro-democracy activists in violation of the Torture Victim Protection Act and the Alien Tort Statute Source – Jurist 13.11.07 http://jurist. law.pitt. edu/paperchase/ 2007/11/yahoo- settles-lawsuit- brought-by- china.php Yahoo! settles lawsuit brought by China journalists for abetting torture - Yahoo! Inc. agreed Tuesday to settle a lawsuit filed in US federal court alleging that the Internet giant aided and abetted human rights violations committed by the Chinese government by providing Chinese officials with information, including e-mail records and user ID numbers, that helped them to identify pro-democracy activists in violation of the Torture Victim Protection Act and the Alien Tort Statute.
Source – Jurist 13.11.07 http://jurist. law.pitt. edu/paperchase/ 2007/11/yahoo- settles-lawsuit- brought-by- china.php Yahoo! to testify before Congress: a chance for transparency and accountability on business practices in China, says RSF - Reporters Without Borders has asked Yahoo! to take advantage of the 6 November 2007 Congress hearing to set the record straight on the company's collaboration with the Chinese authorities. Congress is investigating sworn statements Yahoo! made during a February 2006 Congress hearing regarding its role in cyberdissident Shi Tao's arrest and conviction on a charge of "illegally divulging state secrets abroad," for which he was sentenced to 10 years in prison.
Source – IFEX 2.11.07 http://www.ifex. org/en/content/ view/full/ 87427/ 7. Czech Republic
Proposed amendment of Copyright Act - Draft amendments to the Copyright Act have recently been submitted to Parliament to remedy two instances where the Czech law is not compliant with EU legislation Source – Law Now http://www.law- now.com/DirectMa il/{52643420-2737- 42B8-9892- 4397F45A43EF} _LNCRproposedame ndmentofCopyrigh tActNov07. htm 8. Dubai Call for new press law to include decriminalization of all press offences - Reporters Without Borders welcomes a Dubai appeal court’s decision on 8 November to overturn the convictions of the former editor of the English-language Khaleej Times, Shimba Kassiril Ganjadahran, and one of his reporters, Mohsen Rashed, on charges of libel. Source – Reporters Without Borders 12.11.07 http://www.rsf. org/article. php3?id_article= 24342 9. Egypt Egypt court convicts opposition leader, journalists of libel - Two Egyptian journalists and an opposition leader have been sentenced to a month in prison after being convicted in absentia of libel, court officials said Sunday. The journalists, Anwar el-Hawari and Younes Darwish, of opposition party Al-Wafd's daily newspaper and Al-Wafd leader Mahmoud Abaza, have appealed the verdict and remain free on bail. Source- Jurist 29.10.07 http://jurist. law.pitt. edu/paperchase/ 2007/10/egypt- court-convicts- opposition- leader.php 10. EU/Brussels
EU set to relax TV advertising rules - Parliament's culture committee has approved new rules that would allow more commercial breaks and US-style product placement in television and other audiovisual broadcasts in the EU, paving the way for their adoption by the end of the year.
Source – Euractiv.com 14.11.07
http://www.euractiv .com/en/infosoci ety/eu-set- relax-tv- advertising- rules/article- 168347 MediaLaywer summary of recent ECtHR decision - Punishing a newspaper for having printed "value judgments" which it could not prove were true was a breach of the publication' s right to freedom of expression, the European Court of Human Rights has declared.
The court was upholding a complaint under Article 10 of the European Convention on Human Rights brought by the Moldovan newspaper Flux and Mrs Aurelia Samson, who had featured in a story it published. The newspaper ran a story in December 2001 detailing allegations made by Mrs Z Samson about the problems her daughter Aurelia was encountering with property developments by GC, a former Construction Minister in the Moldovan government. The ex-minister sued for defamation, although he did not specify which parts of the article were defamatory. A district court found in his favour, fining the newspaper and ordering it to pay costs. The newspaper was involved in two appeals, both of which were rejected. Upholding the application by the newspaper and Mrs Samson, the European Court of Human Rights noted that the newspaper was fined for being unable to prove the truth of several statements it had made. "The applicant newspaper argued before the domestic courts that most of the statements represented value-judgments which could in principle not be proved. On appeal, it referred to several additional facts supporting, in its view, the value judgments made," it said. "The Court notes that none of the domestic courts responded to these arguments by verifying whether any of the statements could be considered value judgments or by verifying the truth of the additional facts referred to by the applicant newspaper. "The Court reiterates that the existence of facts can be demonstrated, whereas the truth of value judgments is not susceptible of proof. The requirement to prove the truth of a value judgment is impossible to fulfil and infringes freedom of opinion itself, which is a fundamental part of the right secured by Article 10, although opinions insufficiently based on facts can also be excessive." A number of the published statements were value judgments - they expressed the newspaper's opinion about GC's building activities and their effects on his neighbours. "These opinions were, moreover, based on facts which have not been shown to be untrue, some mentioned in the article itself and some referred to during the proceedings. In such circumstances, the Court considers that the newspaper could not be expected to prove the truth of its value judgments and that, moreover, its opinions were not without a factual foundation." In addition, the Moldovan courts had not reacted to the confirmation by Mrs Samson's mother of her own statements to the newspaper. "The Court considers that, in requiring the applicant newspaper to prove the truth of its statements, while at the same ignoring the evidence adduced to support its statements and thereby show their truthfulness, the finding of the Moldovan courts that the statement was defamatory could not be justified as necessary in a democratic society." The European Court said it also took into account "the balanced tone of the article" - and that it was "satisfied of the newspaper's good faith and that it had acted in consonance with principles of responsible journalism", even if "resorting to 'a degree of exaggeration or even provocation' , which had to be protected". The article also raised issues of genuine public interest - the alleged abuses of a former State official and the inability of the justice system properly to respond to such alleged abuse. It also conveyed the views of third parties while making that clear to the reader. The judgment added: "The Court reiterates that 'punishment of a journalist for assisting in the dissemination of statements made by another person ... would seriously hamper the contribution of the press to discussion of matters of public interest and should not be envisaged unless there are particularly strong reasons for doing so' "The Court does not see such strong reasons for interfering with the newspaper's freedom of expression in the present case, given the balanced tone of the article." 11. France Wikipedia cleared in French defamation case - A French judge has dismissed a defamation and privacy case against Wikipedia after ruling the free online encyclopedia was not responsible for information introduced onto its Web site. The U.S.-based Wikipedia Foundation, which is behind the popular compendium, was sued by three French nationals over a Wikipedia article that said they were gay activists.
Source – Reuters 2.11.07
http://today. reuters.com/ news/articlenews .aspx?type= internetNews& storyID=2007- 11-02T163950Z_ 01_L02804862_ RTRUKOC_0_ US-FRANCE- WIKIPEDIA- COURT.xmlGeorgia OSCE media freedom representative in Georgia to discuss TV station closure - Miklos Haraszti, the OSCE Representative on Freedom of the Media, is in the Georgian capital Tbilisi today to discuss the media situation, in particular the recent closure of television station Imedi. It is a joint visit with Peter Semneby, the EU Special Representative for the South Caucasus. Source – OSCE 22.11.07 http://www.osce. org/fom/item_ 1_28222.html 12. Germany The public broadcasting license fee and public value - On September 11, 2007, the German Constitutional Court added a new one to their long list of decisions related to television broadcasting. In a 33-page statement, the court ruled that the freedom of public service broadcasters is infringed upon as soon as politicians and governments interfere with the process of determining the price level of the mandatory license fee to be paid for Germany’s extensive public broadcasting system. This was a slap in the face of the state (Länder) governments, which the last time when the broadcasters applied for a raise, just did not follow through and cut a percentage of the demanded increase. Source – European Journalism Centre 25.10.07 http://www.ejc. net/magazine/ article/the_ public_broadcast ing_license_ fee_and_public_ value/ 13. Iraq Iraqi stakeholders meet to discuss draft law on media and telecommunications - Iraqi broadcasters, parliamentarians and representatives of the judiciary, along with international media experts, concluded a high-level technical meeting where they discussed a draft law currently before the parliament on media and telecommunications in Iraq. Source – UNESCO 13.11.07 http://portal. unesco.org/ ci/en/ev. php-URL_ID= 25629&URL_ DO=DO_TOPIC& URL_SECTION= 201.html 14. Korea
NEC silences netizens' voices – Police are investigating over 600 people who posted election-related material online as the National Election Commission (NEC) enforces the Public Official Election Law before the Dec. 19 presidential election. According to The Korea Times, the law prohibits online posts that support or oppose presidential candidates. The ban even extends to text messages. Source – Asia Media 2.11.07 http://www.asiamedi a.ucla.edu/ article.asp? parentid= 82390 15. Macedonia Macedonia TV accuses authorities - Skopje _ Alsat-M TV, a national broadcaster of programmes in Albanian and Macedonian, has accused the Macedonian authorities of subjecting it to various forms of pressure. In Wednesday’s statement for MakFax news agency, the television station said that the ongoing campaign was aimed at blocking its professional work as an independent broadcaster.
Source – BIRN 21.11.07
http://www.birn. eu.com/en/ 113/15/6222/ 16. Myanmar Myanmar Internet access severely limited - Internet connections in Myanmar have been severely limited, with online users restricted from accessing international websites for more than 24 hours, a government telecoms official said Friday. The apparent cut came shortly before the arrival of UN envoy Ibrahim Gambari. Source – Inquirer 2.11.07 http://technology. inquirer. net/infotech/ infotech/ view_article. php?article_ id=98381 17. Netherlands
Dutch pedophile web site cannot show royal photos - A Dutch court has banned a Web site sympathetic to pedophiles from showing photographs of child members of the royal family, including the three-year-old heiress to the throne Princess Amalia. Source – Reuters 1.11.07
http://www.reuters. com/article/ internetNews/ idUSL01818305200 71101 18. New Zealand
Landmark media case for Simpson Grierson permits televised ConfessionChinese ISP introduces cartoon cops – The NZ Law Newswire -Simpson Grierson Partners Willy Akel and Tracey Walker represented Television New Zealand Ltd in the landmark Supreme Court decision to allow the broadcast of a confession by Noel Clements Rogers. Source – LawFuel 22.11.07 http://www.lawfuel. com/show- release.asp? ID=16225 Police widen media investigation - Police will now include The Dominion Post and The Press in its investigation into the leaking of suppressed documents on police raids to TV3. Deputy Commissioner Operations Rob Pope said this morning the scope of the investigation, announced on Monday, will be expanded to include The Dominion Post material. Source – Stuff.co.nz 14.11.07 http://www.stuff. co.nz/4272905a11 .html Police widen media investigation - Police will now include The Dominion Post and The Press in its investigation into the leaking of suppressed documents on police raids to TV3. Deputy Commissioner Operations Rob Pope said this morning the scope of the investigation, announced on Monday, will be expanded to include The Dominion Post material, and any other publication which could be considered to breach court suppression orders or potentially compromise criminal proceedings. Source – Stuff.co.nz 14.11.07
http://www.stuff. co.nz/4272905a11 .html 19. Pakistan A reiteration of the message circulated by IMLA member Aftab Alam from Pakistan - It has passed three days and more than 16 hours since the proclamation of emergency and complete information blackout in Pakistan . Until the evening of November 03, 2007 , there were more than 35 private Pakistani television channels and more than 90 private FM radio stations educating, informing and entertaining the people in Pakistan . All of a sudden, with the proclamation of emergency in the country, all of these channels went off-air. Since then, whole country is facing an extreme kind of information blackout and people have no independent source of information except government-run television and radio. Quite sadly, this government-run media has proved to be mere a propaganda machine of the government. Moreover, government is taking worst measures to curb independent sources of information in the shape of print and electronic media. Following links provide a brief overview of the actions of the government against the media. http://intermedia. org.pk/mediamirr or/im_mediamirro r.php http://internews. org.pk/mediareso urce/inter_ mediamonitor. php http://internews. org.pk/mediareso urce/monitor0511 07.php The purpose of sharing this information is to see how this forum can contribute towards current efforts for freedom of expression and freedom of information in Pakistan . Best, Aftab Pakistan police arrest more lawyers in emergency crackdown - Pakistani police Tuesday arrested more lawyers involved in protesting President Pervez Musharraf's Saturday declaration of emergency, suspension of the constitution, and effective dismissal of Pakistan's Supreme Court. AFP reports that some 50 lawyers were arrested at the Lahore High Court a day after a larger protest there escalated into violence. Source – Jurist 6.11.07 http://jurist. law.pitt. edu/paperchase/ 2007/11/pakistan -police-arrest- more-lawyers- in.php Dismissed Pakistan CJ summons lawyers to 'stand up for constitution' - Dismissed Pakistani Chief Justice Iftikhar Chaudhry Tuesday urged lawyers in Pakistan to resist President Pervez Musharraf's declaration of emergency rule and "stand up for the constitution. " Speaking by telephone to a gathering of lawyers in the capital Islamabad, Chaudhry, currently under effective house arrest, said according to an AFP report, "I want lawyers to spread my message, the time for sacrifice has come". Source – Jurist 6.11.07 http://jurist. law.pitt. edu/paperchase/ 2007/11/dismisse d-pakistan- cj-summons- lawyers.php Musharraf muzzles media during state of emergency - President Pervez Musharraf has declared emergency rule and slammed down severe restrictions on Pakistan's news media as they try to cover the country's political crisis, report Pakistan Press Foundation (PPF), ARTICLE 19, the Committee to Protect Journalists (CPJ), Human Rights Watch, the International Federation of Journalists (IFJ) and Reporters Without Borders (Reporters sans frontières, RSF). Source – IFEX 6.11.07 http://www.ifex. org/en/content/ view/full/ 87469/ See also - http://www.ejc. net/media_ news/pakistan_ emergency_ rule_sets_ tough_curbs_ on_media/ 20. Peru Journalist accuses mayor of organizing ambush - On 11 November 2007, journalist José Ramírez, a contributor to the newspaper La Primera, reported having been ambushed in the main road of the Wari district by a group of officials of that district among who – according to Ramírez – was the mayor, Edward Vizcarrra Zorrilla. The event took place when he was returning from a commission. The journalist stated that the vehicle in which he was riding was intercepted by two vans belonging to the Wari Council, a district of the Áncash region, northwestern Parú. Ramírez was with the driver and two friends. The aggressors followed his car while shooting into the air, until they had him cornered in an area of the highway which is surrounded by rocks. According to Ramírez, the mayor of Wari, his councilmen Hubert Solís and Miguel Navas, three members of the council’s security force and the mayor’s bodyguards: Guillermo Santiago Figueroa and Miguel Hidalgo Aguilar (both had guns) got out of the vans. The officials approached the journalist’s vehicle and forced him and his companions out of it. Ramírez fled ant took cover in a nearby piece of land. He assured IPYS that he heard the mayor ordering his bodyguards to look for him in order to kill him and throw his body in the river. He waited until the aggressors left before walking back to the city. The journalist is critical of the mayor’s administration and has accused him more than once of alleged acts of corruption. According to the mayor, the reporter and his companions were intercepted because they were painting messages against the region’s authorities. Ramírez reported the event during a press conference. The local police verified the injuries suffered by his companions and is already investigating the case. IPYS facilitated the procedures so that the accusation can be seen to by the Ombudsman. Source – IPYS 13.11.07 www.ipys.org Radio harassed after requesting public information from council - The owner, administrator and journalists of radio station La Karibeña, in the district of La Joya, Arequipa region, reported to IPYS that they are being harassed by persons close to that district’s mayor, David Inofuentes Mamani, as a consequence of the several requests for public information made by the radio station in order to find out about the council’s expenditures. Luque Ylaquita and the journalists Miguel Carazas and Walter Payé requested information about expenditures in municipal works, budget, personnel in sensitive positions, advisers, acquisition of services, among other things, from the council of La Joya. A written reply sent by Mayor Inofuentes indicated that in order to obtain the information they should pay S/. 20,600 (US$ 6800). This answer is an infringement of the Transparency and Access to Public Information Law. After the incidents, Luque Ylaquita, Miguel Carazas and Walter Payé requested protection from the local government. Recommended Action: Request the mayor of La Joya to comply with the Transparency and Access to Public Information Law (Law 27806) and hand over the information requested by the journalists. Recommend the governor to provide protection for journalists. Appeals to: David Inofuentes Mamani Alcalde distrital de La Joya Telefax: 51 54-492021 e-mail: municipalidaddelajo ya@hotmail. com Address: Calle Sucre 103, La Joya. Pedro Bolaños Montes Gobernador de La Joya Telephone: 51 54-214849 Source – IPYS 13.11.07 www.ipys.org Trial against alleged material author of journalist’s murder begins - On 25 October 2007, the first hearing of the trial against Moisés Julca Orrillo, alleged murderer of journalist Antonio De La Torre Echandía, who was stabbed five times in February 2004, took place in Yungay, Áncash region, northwestern Perú. The First Criminal Bench of the Superior Court of Justice in Áncash accepted the prosecutor’s request of subpoenaing twelve witnesses and the former mayor of Yungay, Amaro León León, who has been imprisoned for two years after having been accused of being the mastermind behind the crime and receiving a jail sentence of 17 years from the Superior Court of Áncash. The former mayor was acquitted by the First Transitory Bench of the Supreme Court in 2006. During his trial he denied knowing Julca. However, when Julca was questioned, he admitted to having a friendly relationship with the former mayor and his family. According to investigations made by five judicial departments, León hired Julca to murder the journalist. IPYS managed to get prosecutor Zadi Anaya to accept including the testimonies of several witnesses in the trial against Julca, including that of the former mayor, as evidence of the crime. The next hearing has been set for 7 November. Julca Orrillo was arrested last September. He had been in hiding since the night of the murder, so his trial was confidential. In September 2006, IPYS and Dina Ramírez, the journalist’s widow, filed an action against the Peruvian State before the Inter-American Commission on Human Rights (IACHR), after the Supreme Court acquitted the accused, among them Amaro León, ignoring evidence that had lead to sentences of 17 years in prison in previous instances, creating a situation of impunity for the crime. Source – IPYS 26.10.07 www.ipys.org 21. Russia Russia casts a selective net in piracy crackdown – The newspaper Novaya Gazeta, one of the last outposts of critical journalism in Russia, suspended publication of its regional edition in the southern city of Samara on Monday after prosecutors opened a criminal case against its editor, alleging that his publication used unlicensed software. Source – Washington Post 14.11.07 http://www.washingt onpost.com/ wp-dyn/content/ article/2007/ 11/13/AR20071113 02070.html Prosecutors open probe into 2003 death of Moscow reporter – The Committee to Protect Journalists welcomes a decision by an arm of the Russian prosecutor general to open a criminal probe into the mysterious July 2003 death of Yuri Shchekochikhin, deputy editor of the Moscow newspaper Novaya Gazeta.
Source – IFEX 30.10.07
http://www.ifex. org/en/content/ view/full/ 87366/ Kremlin seeks to extend its reach in cyberspace - After ignoring the Internet for years to focus on controlling traditional media such as television and newspapers, the Kremlin and its allies are turning their attention to cyberspace, which remains a haven for critical reporting and vibrant discussion in Russia's dwindling public sphere.
Source – Washington Post – 28.2.07 http://www.washingt onpost.com/ wp-dyn/content/ article/2007/ 10/27/AR20071027 01384.html 22. Singapore Singapore police forcibly move activists away – The lady is Chee Soon Juan's sister. She was walking to Shangri-La Hotel where the ASEAN Summit was being held. 21.11.07Source – (contributed by George Hwang) http://diodati. omniscientx. com/2007/ 11/21/singapore- police-forcibly- move-activists- away-from- shangri-la/ 23. Somalia
Media legislation undercuts freedom of the press - The Somaliland Ministry of Information drafted and proposed a new media law, which undermines internationally accepted standards of freedom of expression. The new draft law increases the powers of the Ministry of Information to control the media. Source –Garowe Online 15.11.07 http://www.garoweon line.com/ artman2/publish/ Press_Releases_ 32/Somalia_ Media_Legislatio n_Undercuts_ Freedom_of_ the_Press. shtml 24. Spain
Spanish court rules out jail sentences for Holocaust denial - Spain's Constitutional Court ruled Thursday that Holocaust denial will not be punishable by imprisonment, saying it falls within freedom of speech. Spanish law had mandated a sentence of up to two years in prison for Holocaust denial. Source – Haaretz 10.11.07 http://www.haaretz. com/hasen/ spages/922334. html 25. UK Film ads banned for glorifying guns - An ad campaign promoting the Clive Owen film Shoot 'Em Up has been banned after complaints that it glamorised guns and violence. The Advertising Standards Authority received 55 complaints about three posters promoting the film. Source – The Guardian 21.11.07 http://www.guardian .co.uk/media/ 2007/nov/ 21/asa.advertisi ng?gusrc= rss&feed= media NB for the adjudication go to http://www.asa. org.uk/asa/ adjudications/ Public/TF_ ADJ_43573. htm Hidden crime of ‘wi-fi tapping’: only 11 arrests but most of us are guilty - More than half of computer users have illegally logged on to someone else’s wi-fi connection yet only 11 people have been arrested for the crime, an investigation by The Times has found. “Wi-fi tapping” or “piggybacking” has boomed in the past few years as hackers take advantage of unsecured computers to access the internet without paying for it.
Source – The Times 15.11.07
http://technology. timesonline. co.uk/tol/ news/tech_ and_web/the_ web/article28727 26.ece New rules ban Civil Service memoirs - Gordon Brown risks angering Whitehall mandarins by trying to prevent them publishing their memoirs after they leave the Civil Service. Sir Gus O'Donnell, the Cabinet Secretary, told the Commons public administration committee that, under new rules, copyright for any civil servant's memoirs would automatically be given to the Government.
Source – Daily Telegraph 17.11.07
http://www.telegrap h.co.uk/news/ main.jhtml? xml=/news/ 2007/11/17/ nmemoirs117. xml PCC criticizes newspaper for identifying confidential source – The PCC has today upheld a rare complaint under Clause 14 (Confidential sources) of the Code. The complainant was a mortuary worker, who spoke to the Lancashire Telegraph about the proposed closure of Burnley's mortuary. He did so on the condition that he was not identified. Source – Society of Editors 13.11.07
http://www.societyo feditors. co.uk/page- view.php? page_id=1& parent_page_ id=0&news_ id=317&numbertop rintfrom= 1 PCC on Scottish Mail on Sunday - The Press Complaints Commission has upheld an accuracy complaint against the Scottish Mail on Sunday. Mr Alan Bain, President of the American-Scottish Foundation ®, a charity, complained that an article had inaccurately claimed that he and the organisation were at the centre of a criminal investigation following a complaint about him to the Office of New York's Attorney General (ONYAG). Source – Society of Editors 12.11.07 http://www.societyo feditors. co.uk/page- view.php? page_id=1& parent_page_ id=0&news_ id=312&numbertop rintfrom= 1 Channel 4 cleared over N-word row - Channel 4 has been cleared of breaching broadcasting regulations over its decision to transmit an incident in which a Big Brother contestant used a racially offensive word to describe another housemate. Source – Guardian 5.11.07 http://www.guardian .co.uk/media/ 2007/nov/ 05/bigbrother. raceandreligion? gusrc=rss& feed=11 The day the music died - Internet law professor Michael Geist examines a legal row which could have grave implications for anyone and everyone serving an online audience. Source – BBC 2.11.07 http://news. bbc.co.uk/ 1/hi/technology/ 7074786.stm 'High Court footage' on YouTube - Mobile phone footage apparently showing the inside of a Scottish courtroom during a case has been posted on the video-sharing website YouTube. It is said to show three youths appearing at the High Court in Glasgow earlier this year, where they later admitted beating a young man to death. Source – BBC 30.10.07 http://news. bbc.co.uk/ 2/hi/uk_news/ scotland/ glasgow_and_ west/7068962. stm Web weakens secrecy order over royal 'blackmail' - THE alleged royal blackmail case has exposed the difficulties the law faces in controlling the dissemination of information in a world where the media operates round the globe 24-7. A gagging order has been issued banning identification of the royal allegedly targeted by two men threatening to expose him in a sex and drugs scandal.
Source – The Scotsman 30.10.07
http://news. scotsman. com/uk.cfm? id=1728222007 CPS Decision on Baltic Exhibition Photograph - Northumbria Crown Prosecution Service has advised Northumbria Police that a photograph seized from an exhibition at the Baltic Centre for Contemporary Art, Gateshead, is not an indecent image. Ms Kerrie Bell, head of CPS Northumbria’s South Unit, said: "A decision was made by the CPS in 2001 in relation to this particular photograph.
Source – Crown Prosecution Service 26.10.07
http://www.cps. gov.uk/news/ pressreleases/ 167_07.html UK PCC Decisions The PCC has criticised Chat magazine for publishing a staged photograph of a murder victim in breach of Clause 1 (Accuracy) and Clause 5 (Intrusion into grief and shock). The picture, which showed a female body wrapped in bin liners to illustrate how the victim was found, was included in a story about a woman's relationship with the murderer. There was no caption making clear that the photo had been staged, and the victim's step-father complained that it had caused considerable distress to the family. One family member thought that the picture was genuine. The magazine accepted that the photograph should have been captioned, and sincerely regretted the distress caused to the complainant' s family. The Commission found two breaches of the Code. First, the magazine's failure to make clear to readers that the photograph had been staged was a breach of Clause 1 (Accuracy) of the Code. Second, and of greater concern to the Commission, was the fact that the use of this misleading picture, near the anniversary of the death, showed "a total disregard for the family of the dead woman". The magazine's "cavalier approach" in this instance constituted a clear breach of both the letter and spirit of Clause 5 of the Code. The magazine is set to publish the adjudication in a forthcoming edition. To read the full text, click here
http://www.pcc. org.uk/cases/ adjudicated. html?article= NDgyNw== The PCC has today upheld a rare complaint under Clause 14 (Confidential sources) of the Code. The complainant was a mortuary worker, who spoke to the Lancashire Telegraph about the proposed closure of Burnley's mortuary. He did so on the condition that he was not identified. While the newspaper did not name him, it referred to him as "a worker at Burnley's mortuary". Unfortunately, there were only two workers at the mortuary – the other being the complainant' s boss – and the complainant was, therefore, effectively identified as the source of the information. He was dismissed on grounds of gross misconduct for speaking to the newspaper. The Commission recognised that the newspaper had sought to protect the complainant by not naming him. However, the onus was on the newspaper to ensure that the form of words used to describe the complainant did not effectively identify him. Its failure to do so resulted in a breach of Clause 14 of the Code. The critical adjudication was published in full by the newspaper. To read the text, click here
http://www.pcc. org.uk/cases/ adjudicated. html?article= NDgyNQ== 26. US Orlando private school sues blogging parent for defamation - A private school in Orlando, Fla., claims the mother of a former student crossed the line in a critical Internet blog she wrote about her daughter's experiences there. So the New School of Orlando Inc. sued Sonjia McSween to stop her from publishing and talking about the school and force her to pay damages. Source – Law.com 19.11.07 http://www.law. com/jsp/article. jsp?id=119546664 9352 Blogger defeats identity disclosure – A former Lawrence school board member's request for disclosure of the names of anonymous Internet critics has been rebuffed by a state judge, who ruled that the comments were protected speech. Source – Law.com 13.11.07 http://www.law. com/jsp/article. jsp?id=119494824 0578 Federal Judge in Pa. orders abortion foe to remove alleged threats from web sitecops – A federal judge ordered an anti-abortion activist to remove Web site postings that authorities said exhorted readers to kill an abortion provider by shooting her in the head. Source – Law.com 9.11.07
http://www.law. com/jsp/article. jsp?id=119460263 5980 TV reporter's lawyers challenge judge's contempt ruling, decorum order - A television reporter found in contempt for disregarding a court order in the criminal trial of a polygamous-sect leader wants the ruling thrown out, contending the decision violates her First Amendment rights. Katie Baker's attorneys said the U.S. Source – Salt Lake Tribune 5.11.07 http://www.sltrib. com/ci_7377007 Yahoo! defends China user data handover at US House hearing - Yahoo! Inc. Chief Executive Jerry Yang and General Counsel Michael Callahan Tuesday defended Yahoo's be |