ARTICLE19 annualreview2004 contents 10-13 6-9 ARTICLE 19 IN ASIA ARTICLE 19 IN AFRICA

14-17 ARTICLE 19 IN EUROPE

18-19 ARTICLE 19 IN LATIN AMERICA

20-21 22 LAW PROGRAMME FUNDING AND ACCOUNTS

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design: eazymulti [email protected] tel. 07939 140 812 ’Everyone d r a o b l a n o i t a n r e t n hasi the right Richard Ayre (Chairman) Independent Media Consultant UK

Peter Phillips (Treasurer) Finance Director of BBC News to freedom ofLondon, UK opinion INTERNS & VOLUNTEERS STAFF Arne Ruth Former Editor-in-Chief, Liberal Dagens Nyheter Ade Ajibade Sundbyberg, Sweden Jennifer Ajibade Karen Andreasyon Julia Apostle Aung San Suu Kyi (Honorary Member) Leader of the National League for Democracy (under house arrest) Zarinaand Ashurova expression;Burma this John Barker Mariela Belski Cushrow Irani Leslie Bennett Sara Buchanan Editor-in-Chief, The Statesman Newspaper Calcutta, India Siobhan Cummisky Pauline Donaldson Maja Dimitrova Daisy Li Maria Dolores Krajil Maxime Filandrov Journalist, Apple Daily News, & Deputy Director, Hong Kong Union of right includesJournalists freedom Jens Franz Louise Finer Hong Kong Chloe Grant Marilyn Goldberg Galina Arapova Sanem Gurus Director, The Mass Media Defence Centre Taijun Ichii Bethan Grillo Voronezh, Russia Johahnato Johnson holdLuitgard HammereropinionsGara LaMarche without Aku Minashvili Head of US Programmes, Open Society Institute New York, US Gugu Moyo Fatou Jagne Nataliya Nadtochiy George Alagiah Morris Lipson Journalist/Broadcaster, BBC Umida Khusankhodjaeva London, UK Toby Mendel Elizabeth Larsen interferenceGoenawan and Mohamad to Maria Ljunggren Jessica Newton Director, The Institute for the Free Flow of Information & Former Rosanna Lowton Director of Tempo Magazine Celestine Nkulu Jakarta, Indonesia Giorgi Meladze Masha Perovic Peter Noorlander Jorge Islas Professor of Law, UNAM University Matthewseek, Plowright receiveCatrina Pickering Mexico City,and Mexico impart Lorry Powles Joyce Pooley Malcolm Smart Gabriele Schlick Director, Medical Foundation for Victims of Torture Anna Simonian Federica Prina London, UK Shannon Sullivan Mary-Ann Stephenson Andrew Puddephatt Charlotte Vaillant Freelance Consultant in Gender and Democracy, member of Women’s information Nationaland Commission Steering ideas Committee Stina Warnstam Iryna Smolina London, UK Gita Widya Laksmini Mpho Tosku Dato’ Param Cumaraswamy UN Special Rapporteur on the Independence of Judges and Lawyers throughDini Widiastuti any Jalanmedia Sulaiman, Malaysia and regardless of frontiers.’ 4 ABOUT ARTICLE 19 more thanthirtycountries. At present,wework withfi fty-two partnersin to enhanceourlocal knowledgeandlegitimacy. to buildcapacityinfreedomofexpression and working inpartnershipwithlocalorganisations A centralaspectofARTICLE 19 the implementationofinternationalstandards. critical dialogueandholdthemaccountable for national institutionsandtheprivatesector in partnerships. We engageglobal,regionaland research, litigationandthebuildingof We dothisthroughadvocacy, campaigns, information andthemeansofcommunication. freedom ofexpression, includingaccessto We worktopromote,protectanddevelop right. safeguarded throughthefullexercise ofthis democracy andsocialjusticearepromoted and accesstoinformation.We believethat is concernedwithfreedomofexpression Universal DeclarationofHumanRights,which nineteenth articleoftheUnitedNations organisation. We take ournamefromthe ARTICLE 19isaninternational humanrights ’s approachis

Bronze bells are a symbol of purifi cation, communication and awakening, awarded to journalists, NGO representatives and public offi cials for their courage in promoting freedom of information in Moldova. have mixed feelings preparing this report, The real strength of the organisation lies in its as it will be my last as Executive Director. I ability to be innovative and forward thinking. In a I want to pay tribute to the staff of ARTICLE world where donors are constantly looking for value 19, thanks to whose efforts we have built an for money and are increasingly reluctant to make organisation with a strong international reputation. general grants – ARTICLE 19 will have be able to I also want to thank the Trustees for the unstinting demonstrate that it responds to change positively support they have offered me over the last few and is tackling the new challenges to freedom years. of expression that the world offers. We have demonstrated our innovative thinking in a number of Andrew Puddephatt We now have well-established regional programmes ways in 2003. Our report on the media coverage of

’S REPORT Executive Director in Latin America and Asia, both of them running refugees in the UK was immensely popular – and the innovative projects. The Europe programme is Press Complaints Commission adopted one of its going from strength to strength and has expanded policy recommendations. We conducted an audit steadily, as has the Law programme, which has of transparency in the business sector to see how doubled its staff since 1999. Having restructured some of the claims of corporate social responsibility the Africa programme I am now confident we will would stack up. We have begun to think seriously see significant new development. about the free expression implications of the convergence of communications technology. All More importantly, the strength of the organisation these help lay the intellectual groundwork for new can be measured by its reputation. As Executive approaches in the years to come. Director, I am constantly pleased by the positive

DIRECTOR feedback we receive, by the desire of local partners The staff planning process to identify these to work with us, by the growing reputation we have challenges over the next three years has begun and among international organisations and national will be in place in time for the new Director to make governments. I measure this by the access I a significant contribution to the discussion. secure to senior politicians and public figures in the countries where we work, and by the numbers of people who will take my calls. I doubt if there is a more influential organisation of its size in the world.

5 6 ARTICLE 19 IN AFRICA public statements on a number of issuesa sessionincluding on thefreedom situations of expression in at eachFurthermore, NGO pre-conference we have usedheld thein advanceopportunity of theto raiseformal awarenessACHPR session. amongst We the have African maderight. human rights community, by facilitatingdiscussed the activities of the African awarenessCommission about with the a viewDeclaration to enhancing and other itsregulatory internationalcapacity bodies, to promotestandards the andmedia relatingprotect and thishumanto freedomthekey rights Africanhuman of andexpression. Union media Member advocacyIn addition,States, NGOs. intergovernmentalThe the main Declaration.Conference objective organisations, ofAn theAfrican Conference Conference national was on to humanFreedom raiseprogramme rights of Expression facilitatedinstitutions, was discussionheld academia, in early and national 2004heldthe bringing consultative ACHPRmedia passed together meetings the representatives ‘Declaration with the fromACHPR on Principles Theon Africaestablishing programme for Freedom aworks monitoringof closelyExpression system with in theAfricafor thefreedom at the of endexpression of 2002. working In 2003,group theofAfrican CommissiononPeoples’and HumanRights(ACHPR) theAfrica ACHPR. After a strong lobbying effort, presented a communication on Eritrea that is to be deliberated by the Commission in 2004. ‘Speaking ForOurselves’,installationattheWorld SummitonInformationSociety.

Eritrea and Zimbabwe at ACHPR formal sessions and have Liberia

The Africa Programme carried out its second mission to Liberia in March 2004. As Liberia moves towards implementing the Accra Peace Agreement and the democratisation process, there is a widespread feeling that given the experiences of the past, the authority of the state should be clearly circumscribed to minimize its capacity for suppressing the people’s rights and fundamental freedoms. The mission was a preparatory visit to begin the organisation of a conference on “Media Law Reform in Liberia,” timetabled for mid-2004.

Sudan

The ARTICLE 19 Africa Programme, International Media Support (IMS) and Norwegian People’s Aid (NPA) met in early 2004 to plan the implementation of a major project in Sudan and to meet representatives from the media sector in South Sudan for unoffi cial consultations. There was consensus among the partners regarding the need to implement the project as soon as possible. Later Media Freedom and Pluralism in 2004, we will recruit focal point coordinators in the south and the north, and facilitate two pre-roundtables. The Africa programme has gained an increasing reputation for The pre-roundtables will be an essential part of the assisting civil society organisations in lobbying for policy reform ongoing preparatory work for activities to be conducted and implementation in post confl ict situations. In 2003, we after implementation of the peace plan. were part of media freedom missions to Angola and Liberia and have been active in developing a coalition for future media freedom and development work in post-confl ict Sudan. We have also been involved in developing future alliances for media freedom work in the horn of Africa in general. We published a report on Freedom of Expression in Ethiopia and have visited and kept in contact with potential partners in Ethiopia, Somalia and Sudan. We have prepared and submitted a full submission on Eritrea to the ACHPR. In West Africa, we were also involved in facilitating a session at a sub-regional conference on Media and Confl ict.

7 8 ARTICLE 19 IN AFRICA has several elements: taken the lead in developing ourIn workclose in cooperation the area ofwith communication ARTICLE 19’s rights. Law Programme,This work the AfricaCommunication Rights Programme has rights as they affect people livinglooking with HIV/AIDS.at the integration of freedomwith of expression, communicationat theand Worldsexual Communications Rightsnetworks Forum. established This work bywill refugees be followed inof expressionAfrica. up The refugeefor African report women was launchedandpublished the other by atthe informal programme communication in Other2003. Thecommunication first looked rightsat theatre were asexplored a form in detail in two thematicThematic Reports reports and had a live ‘community radio’summit broadcasting itself. Theover installation the Internet.actually acted as live the with focal the point digital for African divide,for Ourselves’ civil in societya 250 brought square together metre installationandvisual a majorand oral atawareness the testimonies raising of project,partnership,Africans who‘Speaking we published for Ourselves.’ a numberAssociation ‘Speakingof background for Progressive and briefing Communications documents(Africa section), (Africa PolicySouthern Unit). African With CommunicationsMedia this Institute for of DevelopmentSouthern Africa, andMuch the World of the Association African civil of Communitysocietya work pivotalRadio was role carried in facilitatingout in partnership andCampaign, supporting with theand theWorld African Association civil societyrights for Christian groupscaucus. (Panos, Communication) Communications andacted played Rightsas the inliaison the Information between the TheSociety Law Africa Programme programme and playedother ancommunication important role during the WSIS process.World SummitonInformationSociety(WSIS) We other activities in 2004 together with another major thematic project

Defamation Project

The Africa programme published a campaign pack on defamation and insult laws in both English and Portuguese (all other Africa Programme Reports are published in English and French). This pack initially focuses on Southern Africa and has been distributed via the Media Institute of Southern Africa’s national network of chapters. Several countries are interested in taking this work forward and the Africa Programme is chairing the IFEX campaign on Insult Laws. It is expected that practical campaigning activities will start in 2004.

Broadcasting Pluralism and Diversity

We have published an important book in English and French on broadcasting policy issues in Africa. Towards the end of 2003, the Africa programme ‘‘Vodacom’’ phone shop on the Swaziland - South African border. facilitated the launch of the West African Public Service Broadcasters Association, which will be working on issues such as the independence of public broadcasting and other pluralistic and diversity issues. In partnership with local organisations we have brought together regulators, parliamentarians and broadcasters in southern Africa to discuss media legislation and policy issues. At the beginning of 2004, a roundtable brought together media policy experts and academics to initiate work intended to develop an Africa wide curriculum for communications regulators. 9 10 ARTICLE 19 IN ASIA expression were held in Indonesia, theMajor Philippines workshops and on freedom of informationAsia, and as well as partners in seven differentbeing countries.undertaken in a regional partnershipwork. withThe project,Forum currently entering its information,third year, forms is a key part of the Asiaregion, Programme promoting both freedom of expressionA major and 3-year project in the South East Asian South EastAsianProject Advocacy is central to our South East against international and comparative standards.the existing The studies, which follow a consistent internationalformat, assess conference in late 2004 or countries,early 2005. with a view to joint publicationinformation at a aremajor being prepared in seven coreBaseline studies on freedom of expression and important advocacy tools. feed into local campaigns for law reform,recently, serving asthe Indonesian Press Law. Thesea draft analyses Malaysia media council law, asour well partners, as, morethe Access to Information theNetwork, Philippine and freedom of information law,project prepared in 2003, by including the MalaysianA number sedition of medialaw, laws were analysed under the for Cambodia and Malaysia in the nearThailand future. in 2003, and further workshops are planned restrictions on freedom of expression in differentAceh, issues, including and in 2003 the project focused on a number of

framework for freedom of expression

broadcasting in Thailand, Asian work, Newspaper seller. Kabul,Afghanistan. Indonesia, imposition of the death penalty in Burma, freedom of expression during elections in Cambodia and defamation in Indonesia. We are currently developing a concerted advocacy campaign around the issue of restrictions on freedom of expression under the guise of combating terrorism, a major issue in many countries in the region.

Mongolia

ARTICLE 19 has remained active in Mongolia, working with our local partners to promote the adoption of both a freedom of information and a public broadcasting law. We have assisted our local partner, Globe International, in lobbying as well as in working closely with an interested group of MPs, to prepare both pieces of legislation. ARTICLE 19 representatives have given presentations at a number of local workshops and conferences, including a workshop and dinner for parliamentarians, attended by nearly one-third of elected MPs.

Kazakhstan

ARTICLE 19 has been involved in an active international campaign against the adoption of a new draft Media Law in Kazakhstan. As part of the campaign, we have produced two analyses of different versions of the draft Law, the first in September 2003 and the most recent in February 2004. In terms of advocacy, we have written two open letters to the President of Kazakhstan, copied to the Kazak Parliament, in December 2003 and March 2004, respectively, outlining ARTICLE 19’s main concerns with the draft Law. Our advocacy has also involved direct assistance to Kazakh campaigners, by helping them prepare a draft letter to the international community, including members of the European Parliament, as well as an active media component. The campaign finally succeeded when the President vetoed the law in April 2004.

11 12 ARTICLE 19 IN ASIA promote peace and bring an end to conflict.Respect It foris freedoma necessary of expression underpinning is a forcrucialand/or the external element conflict in any and long-term freedom of effort expression toproject –has India, often been Pakistan, a serious Nepal casualty. and inSri theLanka South – are Asia involved region in began some inkind late Aof new2003.internal project All of that the investigatescountries covered the linksby this between freedom of expression and conflictand Conflict South AsiaStudyonFreedomofExpression laws prepared by law reform commissions Bangladeshin these twoand countries. Nepal. To this end,broadened we produced our andhorizons widely and circulated have been analyses workinga law of to indraft promote Sri Lanka the wereadoption interrupted of FOI bylaws Pakistanpolitical in and upheavals Sri Lanka. in Indialate 2003. and WePakistan haveinformation nownow have in FOISouth laws, Asia, while in particularsteps toIn adopt throughprevious ayears, three-country the Asia project Programme in India, has been active in promoting freedom of Promoting FOIinSouthAsia (focusing on India and Nepal) and thethe Human Centre Rights for PolicyCommission of Pakistan. international conference later in 2004. Ourin mainthis regionalarea. The partnersstudy isin currently this project beinglooking aredrafted in anddetail we athope the to situationlaunch itin atThe each aproject majorcountry, involves as the well publication as international of a comparative standards study focusing on these issues,which cause and perpetuate the conflict. the conflict itself, and to addressingFreedom the human of expression rights abusesis also including essential genderwider to the debatecrimes, facilitation on the natureof adequate of the reporting conflict onand broader issues of accountability. Analysis (Sri Lanka), the South Asian Forum for Human Rights China

We undertook our first mission to Beijing in early 2004 in partnership with the British Council and China’s leading independent magazine, Caijing. After lengthy discussions with journalists and academics we devised a training scheme for financial journalists, which we will implement in the summer of 2004.

ASEAN Regional Meeting. Bangkok, October 2003.

13 14 ARTICLE 19 IN EUROPE and try to legal reform, address the poor standardsMontenegro of media andprofessionalism Kosovo. This project will,South in additionEast Europe, to aiming for decriminalising defamation and encouragingfor furthermedia reform.self-regulation In mid-2004, in we will finesbegin are disproportionately high, we willas continuelong as defamationto campaign remains a criminalslander, offence and libel permissible and insult. While thisHelsinki marked Committee, a significant the stepgovernment forward, abolished by ARTICLE prison 19 sentencesand our forpartner organisation,pace. Inthe DecemberMontenegrin 2003, following severalReform months of defamationintensive lawslobbying in the region continues albeit at a slower the region. has been published in June 2004 in English,workshops andpiloted all our the freedom languages of information of Albania, training Bosnia manual, & Herzegovina, which Bulgaria,supported Moldova them and in Romania. delivering The training toand 150 public public administration officials in as freedom of2004 information we trained trainers 35 individuals and from civilwill society be effectivelyorganisations implemented. Between Septemberwhile developing and February activities to ensure thatlegal once expertise, adopted thesesharing laws of best practicesupport solutions the drafting and advocacy, process in all threeSerbia through and theMontenegro provision without of similar legislation.of information Welaws continue in Croatia to and Kosovomonths, leaving weonly successfully Macedonia, campaigned for promotingthe adoption and ofsupporting freedom their implementation.from campaigning In the pastfor adoption12 of freedom Theof focusinformation of our laws activities to on freedom of information is shifting criminal defamation. years, promoting freedom of information andARTICLE campaigning 19 has beento abolishworking in South East Europe for almost ten South EastEurope strengthen existing initiatives on with activities

in Albania, Romania, Serbia and

self-regulation.

a new project on

Western CIS

ARTICLE 19’s work in Belarus, Moldova and Ukraine includes providing legal expertise in response to demands as they arise; analysis and policy recommendations on developments in the freedom of expression fi eld; advocacy and campaigning vis-à-vis local authorities and international actors with the aim of translating the recommendations into practice; as well as some capacity-building activities. As in other parts of Europe, in the Western CIS, ARTICLE 19 takes a regional approach that includes cooperation with, and supporting exchange between, several partner organisations from neighbouring countries.

Over the past 12 months, ARTICLE 19 has provided advice on ‘alternative’ draft laws produced by NGOs such as the amendments to the Ukrainian Law on Information by the Kharkiv Group for Human Rights Protection, as well as on governmental legislation. ARTICLE 19’s comments were incorporated into fi nal texts of a set of amendments to Ukrainian media laws. In 2003, following criticism from ARTICLE 19, the Moldovan government dropped a controversial Press Law and an amendment to the Law on Access to Information.

We have produced four issues of our periodic country bulletins on media law and policy developments in Belarus, Moldova and Ukraine. A substantive report on the status of media freedom in the region Pressure, Politics and the Press—The State of Media Freedom in Belarus, Moldova and Ukraine was also published and disseminated widely.

In cooperation with the Belarusian Association of Journalists and the Council of Europe Media Division a conference on ‘Diversifying Broadcasting in Belarus’ was held in June 2003. We also carried out a training seminar for judges on the European Convention on Human Rights in Chisinau in October 2003, and a series of roundtable discussions and strategy meetings on freedom of information in the Ukraine with local NGOs, which assisted their campaign for greater transparency in institutions. ARTICLE 19 recently developed contacts with local organisations and media in Transdniestria, a region that seceded from Moldova after the collapse of the Soviet Union. We plan to carry out some training and capacity-building activities on freedom of expression with local civil society in Transdniestria. Training on freedom of expression concepts for journalists in Abkhazia Training

15 16 ARTICLE 19 IN EUROPE alongside local partners, to discuss freedomis vastly underdeveloped. We have organisedKarabakh. a number Diversity of ofpublic debate events, on public interestcitizens in the conflict regions of Abkhazia,Lack ofSouth access Ossetia to andinformation Nagorny is a major problem for ordinary in election coverage. access to information. Also in Georgia, inyoung Georgia journalists and Azerbaijan, were given election training administration the public campaignofficials were of thetrained Freedom on of publicInformation awareness Centre raising in Armenia, activities. while For Throughout example, the ARTICLE region, 19 hasour supportedpartners carried out a number of training and authorities, including model defamationvarious provisions. Georgian draft laws and developed cooperationrecommendations with ourfor thepartner, new the Libertyparameters Institute, of our we work,have analysedand multiplied Inopportunities Georgia the for political reform. In changes close of November 2003 have altered the Information Law. amendments that threatened to undermineon the Mass 2003 Media, Freedom and of the Minister of law.Justice In has Armenia, withdrawn key proposed recommendations weremembers incorporated of civil intosociety a newwith Lawthe aim ofand drafting our partners, a freedom has of setinformation up a workingIn groupAzerbaijan, composed the of Presidentialgovernment and Administration, prompted by ARTICLE 19 access to information. of legislative reform in areas such as governmentdefamation, and media civil legislation society representatives and of toexpression. discuss Activitiesneeds and included content publicfor consultation further reforms meetings of legal with and institutionalWe have frameworks undertaken, for freedomin cooperation with local partners, advocacy Karabakh, and South Ossetia. organisations working in the isolated conflictAzerbaijan regions and ofGeorgia. Abkhazia, We areNagorny also oneARTICLE of 19’sthe few internationalSouth Caucasus programme includes activities in Armenia, South Caucasus of expression issues issues and media pluralism , such as the meaning of public service TV, the authorities’ approaches vis-à-vis private media, and access to information held by authorities. The local media reported on many of these issues. We also conducted a series of educational and training activities for young lawyers and journalists on key freedom of expression topics in the three regions.

Through its regional approach, ARTICLE 19’s South Caucasus programme offers the opportunity for freedom of expression activists to link and exchange information across the region.

Russia

In March 2004, ARTICLE 19 and our partner, the Mass Media Centre in Voronezh, began a new project to provide Public Resource Centre, legal advice and representation to journalists Stepanakert, Nagorny in the Central Black Soil region. The project Karabakh will also cover training for journalists in journalistic ethics and legally safe reporting; training of judges on how to apply freedom of expression standards of the European Court of Human Rights; and support in the form of advice and expertise to help develop a locally initiated media self-regulatory body in Voronezh district.

17 Freedom of Expression Toolkit, Paraguay

In 2003, we began a new project to produce a comprehensive toolkit for freedom of expression advocates in

LATIN AMERICA LATIN Paraguay. This toolkit covers issues including access to information, criminal defamation and public service broadcasting and offers both an analysis of the country situation and international standards. The toolkit was produced with the support of UNESCO and has been distributed through diverse national human rights and freedom of expression networks.

Following our mission to Paraguay in March 2003, we have continued to offer support to a coalition of organisations campaigning for an access to information law by providing legal analyses and publicising the

ARTICLE 19 IN ARTICLE activities of domestic groups at an international level.

18 Newsstand, Lima, Freedom of Expression Access to Information and and Conflict in Guatemala Reproductive & Sexual Health, In 2003, the programme began to develop Peru and Mexico work on conflict in Latin America and will carry out a mission to Guatemala in August In an important development for the programme, we have secured 2004 in order to assess the status of the funding from the Department for International Development to carry right to freedom of expression now that out a two-year project on access to information and reproductive and nearly a decade has passed since the signing sexual health in Peru. Within the project timeframe, we will carry out of peace accords. Both during and since a large research study on the overlap of these issues in four provinces this turbulent period, the right to freedom of of Peru. We will offer training for public officials in the Health Ministry expression in Guatemala has been curtailed to help ensure they are able to fulfil their responsibilities under the and at times directly denied through a range of new access to information legislation. We will also convene a series of legal and extra-legal measures. As Guatemala workshops for members of women’s organisations, health networks, continues its transition to democracy and with and civil society groups representing people living with HIV and AIDS, to recent elections presenting a new window of enable them to use the legislation to obtain information that will inform opportunity for reform, the need to address their advocacy and policy agendas. the current obstacles to the full enjoyment of the right to freedom of expression has become At the end of 2003, we began to develop similar project work in increasingly urgent. Mexico, in cooperation with a strong coalition of domestic groups and the Federal Institute for Access to Information. By running the two projects in parallel, we intend to maximise the potential for crossover Participation in Regional work between both countries. Events

Throughout 2003, and continuing into 2004, Freedom of Information and Truth we have participated in regional events on access to information. Members of staff Commissions from both the Latin America Programme and the Law Programme attended a series of During our access to information work in Peru, our attention was international meetings, which culminated in the drawn to the value of freedom of information legislation for the organisation of a large regional conference in effective operation of truth commissions. We have since been which participants from sixteen Latin American developing our work on this subject by studying not only the Peruvian and Caribbean countries adopted a Declaration experience in greater depth, but also other Commissions in the Latin on access to information. American region and beyond. The study will allow us to recommend best practice for future commissions and provide an important point of reference for civil society groups involved with truth processes and access to information, and the bodies set up to monitor the implementation of truth commission recommendations.

19 20 LAW PROGRAMME protection and sedition laws. Unit also analysed, among other things,broadcasting election, and data media laws were staplesof butexpression. the As in the past, freedom againstof information, international standards in respectyears, of freedomassessed draft or adopted laws fromThe 3050 countrieslegal analyses, a signifi cant thematic papers. work, including 50 legal analyses, 3 projects.submissions In 2003,and 2MLAU produced 55 majorat piecesshort notice,of even where we do not freedomhave established issues around the world, allowingresource us tofor interveneour partners and others workingoperation on media in 2003. It continues to be Thean ARTICLEextremely 19 useful MLAU completed its fi fth full year of Media LawAnalysisUnit(MLAU) the Internet and broadcasting. commentary on key freedom of expression areasinto accountsuch as new developments and providingHandbook, detailed which will update the fiWe arerst alsoHandbook, producing taking a second edition of the published the number of national cases in the thedatabase. Handbook. This has enabled us to signifiexperts who brief cantly leading increase cases from theirglobal own networkcountry offor country case reporters. internationalThese are local bodies. We have also broughtincluding together all a freedom of expression casesnow decidedincludes by an extensive database of briefedHandbook cases, was launched in 2003. The VirtualHandbook Handbook and to publish a second editionA major of thenew publishedproject to signifi cantly expand the Virtual The Handbook increase over previous TheT MLAU also vaulted ARTICLE 19 into the ongoing debate recommendations.r anda numerous laws were amended in linerepressiver with our media laws were ultimately withdrawnsuccesses.s In Fiji and Kazakhstan for example,AsA in the proposed past, we achieved a number of concrete fundingf for a major, multi-partner projectinformationi in this disclosure area. policies. We haveInter-AmericanI recently secured Development Bank – for reformDevelopmentD of their Bank, the African Development proposalsp Bank and by the three regional development banksinternationali – the Asianfi nancial institutionswithw a(IFIs). coalition In 2003,of groups we analysedon promotingInI openness an important within development, the ARTICLE 19 has started work Global TransparencyT Initiative thet public both formally and in terms ensuringe of broadcast independence content. while also promotingofo Expression accountability and Broadcastto Regulation principles,p UNU languages. The model law will translateanda the part fi of our nal version will be StandardsS published Series. in fi A draft hasve ofbeen the circulated six publicp offi for service commentcial broadcasting as part of theTheT LawInternational Programme has started work on a model law on International StandardsSeries Jamaica.J thet UNESCO World Press Freedom Day eventparticipatedp in Kingston, in discussions on this issue,freedomf includingof expression. a panelVarious at members ofono the our Law own team vision of this right, basedDeclarationD on the guaranteeon the Right of to Communicate,abouta as thewell right as ato papercommunicate with a critique of a draft n n n n r u h h e e h h b n n n n u r r u f a a s t N e e

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Litigation Central Asian Pocketbook

The Law Programme is currently working on a freedom of ARTICLEARTICLE 1919 isis becomingbecoming mmoreore aandnd mmoreore iinvolvednvolved iinn llitigationitigation expression Pocketbook aimed at Central Asia, outlining key freedom activitiesactivities aatt bbothoth tthehe nnationalational aandnd iinternationalnternational llevels.evels. of expression issues, along with relevant international standards. Aimed at reformers and the media, the Pocketbook seeks to WeWe ccontinueontinue ttoo bbee aactivective iinn ZZimbabwe,imbabwe, wwherehere wwee pprovidedrovided aann raise understanding of the practical implications of freedom of extensiveextensive bbriefrief oonn iinternationalnternational aandnd ccomparativeomparative sstandardstandards expression, as well as to provide tools to combat repression. toto llocalocal llawyersawyers challengingchallenging tthehe newspapernewspaper registrationregistration regime,regime, iinn a ccasease broughtbrought byby TheThe DailyDaily NewsNews’ ppublisher,ublisher, AssociatedAssociated NNewspapersewspapers ooff ZZimbabwe.imbabwe. TheThe casecase waswas fi nallynally heardheard inin MarchMarch 2004.2004. Inter-Governmental Organisations (IGOs) TwoTwo otherother constitutionalconstitutional challengeschallenges inin whichwhich AARTICLERTICLE 1199 providedprovided bbriefsriefs wwereere decideddecided rrecently.ecently. IInn bbothoth ccases,ases, tthehe In 2003, for the fi rst time in several years, we were unable to bring SupremeSupreme Court,Court, hheadedeaded byby a recentrecent MugabeMugabe aappointee,ppointee, together the three Special Rapporteurs on freedom of expression failedfailed ttoo uupholdphold eestablishedstablished ffreedomreedom ooff expressionexpression from the UN, OAS and OSCE. However, we did assist them in standards.standards. InIn SeptemberSeptember 2003,2003, thethe CourtCourt upheldupheld mostmost ofof agreeing a Joint Declaration focusing on media regulation. thethe BroadcastingBroadcasting ServicesServices Act,Act, strikingstriking downdown onlyonly thethe mostmost egregiousegregious provisions.provisions. IInn FFebruaryebruary 2004,2004, thethe CourtCourt rejectedrejected We continue to work with the OSCE Representative on Freedom of a cchallengehallenge bbyy tthehe IIndependentndependent Journalists’Journalists’ AssociationAssociation ooff the Media, producing a number of legal analyses and participating ZimbabweZimbabwe toto tthehe provisionsprovisions oonn llicensingicensing ooff jjournalists.ournalists. in various meetings and conferences hosted by his offi ce. We are active members of two Council of Europe Groups of Specialists AtAt thethe internationalinternational llevel,evel, wwee ssubmittedubmitted aann amicusamicus curiaecuriae and we continue to provide submissions to the UN Human Rights briefbrief inin a casecase fromfrom CostaCosta RicaRica beforebefore thethe Inter-AmericanInter-American Committee, including this year on El Salvador and the Philippines. CourtCourt ooff HHumanuman RightsRights challengingchallenging a criminalcriminal ddefamationefamation convictionconviction fforor aann aarticlerticle aboutabout a publicpublic ooffiffi ccial.ial. WWee aalsolso hhaveave anan oongoingngoing pprojectroject ttoo ttakeake ccasesases ffromrom CCentralentral AAsiasia ttoo tthehe Legal Drafting UNUN HHumanuman RRightsights CCommittee,ommittee, aandnd hhaveave bbeeneen ddevelopingeveloping ttwowo keykey casescases ffromrom thatthat region.region. This year, the Law Programme has participated in a number of major legal drafting exercises, including through the MLAU and under the auspices of various IGOs, such as UNESCO and the Asia-Pacifi c Institute for Broadcast Development (AIBD). We worked with AIBD in Bangladesh to help the authorities prepare a law on private broadcasting, and with UNESCO to prepare a public broadcasting law for the Solomon Islands. We also, with the assistance of the OSCE, helped prepare defamation legislation for Georgia. BACKGROUND IMAGE A recent legal publication: ‘Freedom of Information: A Comparative Legal Survey’, written by Toby Mendel, ARTICLE 19 and published by UNESCO 21 CORE INCOME Amount (£) Percent EXPENDITURE Amount (£) Percent

Donations & Gifts 185,877 12.6 % Management & 20,983 1.35 % Administration Sales & Sundry items 112,510 7.63 % Fundraising Cost 32,459 2.08 % Support Cost 295,623 18.96 % TOTAL 298,397 349,065

PROJECT INCOME

Africa & Middle East 384,722 26.09 % Africa & Middle East 426,121 27.33 %

ACCOUNTS Asia 181,366 12.3 % Asia 133,152 8.54 % Europe 363,558 24.66 % Europe 450,991 28.92 % Latin America 30,867 2.09 % Latin America 26,719 1.71 % Law 170,396 11.55 % Law 129,148 8.28 % AND Other Projects 45,372 3.08 % Other Projects 43,872 2.82 % TOTAL 1,176,282 1,210,003 GRAND TOTAL 1,474,669 100 % 1,559,068 100 %

% Other Pr Other %

Latin Am INCOME ojec EXPENDITURE

dmin 1.35

e A rica 2.09 3.08 ts

undraising 2.08

F % %

agement &

n Law 11.55

Ma Suppor FUNDING

% fts 12.6% t costs 18 Other Pr ojects 2.82 % nations & Gi % Europe 24.66 Do .96% ddle East 27.33 % rica & Mi Sales & Sundry Items 7.63% Af Af Law 8.28% rica & Middle Ea As ia 8.54% %

st 26.09% Asia 12.3 Latin America 1.71% ope 28.92% r

Eu

22 ARTICLE 19 gratefully acknowledges funding and support for our work from the following sources:

Asia-Pacific Institute for Broadcasting Development Barrow Cadbury Trust Body Shop Foundation British Broadcasting Corporation British Council Council of Europe Democracie en Medie (Netherlands) Department for International Development European Union German Foreign Ministry IBIS Institut Fritt Ord (Norway) International Media Support (Denmark) Norwegian Ministry of Foreign Affairs Open Society Institute Open Society Foundation – Network Media Program Open Society Initiative for Southern Africa Open Society Justice Initiative Organisation for Security and Cooperation in Europe Oxfam Royal Netherlands Foreign Ministry Sigrid Rausing Trust Swedish International Development Agency United Kingdom Foreign and Commonwealth Office United Nations Educational, Scientific and Cultural Organization United Nations Educational, Scientific and Cultural Organization (ROCILAC) United States Agency for International Development Westminster Foundation for Democracy

We are also grateful to the many individuals whose donations provide vital continuity for ARTICLE 19 ARTICLE19 33 Islington High Street, London, N1 9LH, Tel: 44 207 278 9292 Fax: 44 207 713 1356 email: [email protected] www. article19.org UN/DPI Photo / Artwork by Brazilian artist Octavio Roth. © Octavio Roth Octavio © Roth. Octavio artist Brazilian by / Artwork Photo UN/DPI