IBA initiatives and activities - New IBA website strengthens media law - Christopher Willey

An online resource for media lawyers aims to facilitate those fighting repression of internet journalists.

As powerful in its impact as the invention of the printing press, the internet has changed the way people around the world communicate and share ideas. It is reported that there are now more than 1.5 billion users and every day more opinions, news and information are being uploaded and thrust into public view.

Sadly, despite this revolution, old patterns of repression and censorship do not fade as quickly and in many countries, lawyers are now defending bloggers and internet journalists, as well their paper-based equivalents, from threats of arrest or intimidation.

Supporting them, however, is the IBA’s Human Rights Institute (IBAHRI), which, together with the IBA’s Media Law Committee, has helped set up the South East Asia Media Defence Network with the aim of sharing media law skills and knowledge. In January, they launched a new website aimed at providing lawyers around the world with the kind of information and resources that will help them in their fight.

Sharing knowledge

Set up in 2007, the South East Asia Media Defence Network provides an opportunity for lawyers in the region involved in media cases to share experiences, provide support and work together to improve the media defence litigation skills of all of its members.

It has already set up an active e-group to discuss legal points and update members on new legislative initiatives or cases and organised training sessions and trial observation missions. H R Dipendra is a litigation lawyer working in Kuala Lumpur as well as being the coordinator of the network. He says:

‘Previously, lawyers in each country were left to their own devices and cases were dealt with in isolation but the network is intended to change this. The idea is to empower them with the necessary support – covering both strategy and case law. Past experience tells me that judges are often more receptive when there are elements of persuasive precedents from other jurisdictions. For example, the Philippines have, by and large, a very robust judiciary and media defence. By comparing notes with lawyers from the Philippines, certain key strategies can be employed by lawyers in other countries to persuade their respective judiciary to adopt a more liberal approach to media defence.’

Currently acting as amicus curiae on a high profile media case in Malaysia, Dipendra has seen the impact that the internet can have on society.

‘“Non-establishment” views are now freely available on the net and this has contributed to the general voting populace being able to make informed choices. One good example is in Malaysia where the constant highlighting of abuses, excesses and corruption of the ruling coalition led to their biggest ever electoral defeat in March 2008. To be fair, there are blogs which may not be accurate in their reporting but this is not for the government to determine. It is for the readers to decipher for themselves what is the truth.’

While the number of people having access to the internet has grown, Dipendra is also certain that there is much to be done when it comes to allowing those living in the rural areas the opportunity to consider all views. He says:

‘Many of them are only exposed to mainstream media. In the 2008 Malaysian general election, for example, I am told that many professionals returning to the hometowns to visit parents made hard copies of the articles talking about government abuses and excesses. This enabled the rural folk to read and understand that there was information that the mainstream media had deliberately kept hidden from them.’

‘This is not about white Westerners saying this is how it should be. It’s about a free and open dialogue between lawyers of all nations’

Mark Stephens

Virtual assistance

Felicia Johnston is a programme lawyer at the IBAHRI who helped set up the network and the website.

She has also organised and run training courses in the region, including one in Thailand last year, which focused on trial observation techniques led by Mr Justice Kirby, formerly of the Australian High Court.

Johnston is clear about the importance of freedom of expression in the 21st century and has seen through her work and contact with lawyers around the world the impact that cooperation can have on their work and thinking.

‘Freedom of expression is a key human right, largely because it supports so many other human rights. Free expression facilitates democracy and allows abuses of other human rights to be brought to attention. Despite this, numerous governments throughout the world limit free expression, which can have extremely serious consequences.

We’ve found the work we’ve done on the ground has been highly effective, with both local lawyers and our international experts willingly coming together to share experiences and to help each other out.

Our new media law website is aimed at broadening these efforts, and linking media lawyers throughout the world in a virtual, rather than an actual, way.’

As well as providing news and contacts details for media lawyers around the world, the website provides a library of key documents, briefs, cases and legislation.

But this is only intended as the start as it is hoped members will contribute and highlight material to share information and assist each other.

The IBAHRI’s experience in South East Asia has shown that there exists a group of highly capable and dedicated lawyers interested and eager to develop their skills and contribute their time in defending media cases. It is hoped that similarly dedicated lawyers exist in the other parts of the world also suffering from unreasonable limitations on free expression and that this site will provide them with the support they need to carry out their work effectively.

Johnson says:

‘In the future, we want to take this one step further and use the website to develop a virtual mentoring programme for media lawyers. We hope to be able to link those lawyers out there who need help or assistance, perhaps on a specific case or more generally, with a willing media lawyer in another country who has expertise in the area’.

Global reach

Mark Stephens is an international media law expert and Chair of the IBA’s Media Law Committee, which co-hosts the website with the IBAHRI.

His committee has a wide range of experience and expertise, which he wants to utilise and share to the maximum possible degree.

‘One of the foundations of democracy is the right to receive and impart information freely and in too many countries, including many member countries of the IBA, people are prevented from doing that. Our work running courses to train people has been very successful but I think the website will take it one stage further giving us increased reach. Hopefully this will allow people access to information that they might otherwise find more difficult to get hold of. It is important that the IBA is there to build human rights defenc capabilities. It won’t be an overnight change but rather a gradual and incremental process that will go at different paces in different places in the world. If you don’t start you never finish, so the network and website are just two tools that will help us along the journey to fundamental change in a number of countries.’

The challenges facing free speech are increasing as governments respond to the increasing availability of information by blocking access or attacking and intimidating those responsible.

But Stephens also sees new precedents and legal thinking emerging in courts around the world that could prove essential in the years to come and the internet will be crucial in sharing this knowledge. He says:

‘It is interesting that many of the best international precedents in the free speech area are coming out of the Inter-American Court of Human Rights – and have done for the last ten years.

This is important for the African Court of Human Rights, which is also developing an environment that’s very close to South America. I can see that lawyers in Africa would be well advised to lean on the decisions from the Inter-American Court for that very reason – socially and economically they have similar issues so hopefully they’ll come up with similar answers.

This shows this is not a thing which is really about white Westerners saying this is how it should be. It’s about the world talking and about a free and open dialogue between lawyers of all nations.’

‘Judges are often more receptive when there are elements of persuasive precedents from other jurisdictions’

H R Dipendra

One step forward…

The internet, the ultimate method of exchanging information, has given ordinary people the power to share news and views across the world at a click of a button.

Such a step forward, however, was always going to meet with hostility by those who have tried in the past to control the exchange of information.

It is appropriate therefore, that the internet’s ability to disseminate knowledge is now being used by the IBA to help in the fight to defend this progress.

Further information

To find out more about the website and the South East Asia Media Defence Network, go to www.probono.net/medialaw

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Christopher Willey is a freelance journalist living and working in London. He can be contacted by e-mail at cwilley.london@googlemail.com