Annual Report 2016

2 Annual Review 2016 Our Theory of Change Intro

MLDI provides quality legal defence to journalists in need

MLDI conducts strategic litigation to advance media freedom standards

Journalists face legal Journalists and media are challenges that threaten able to publish on issues their ability to report of public interest freely and independently MLDI supports partners to deliver media defence projects

A better informed citizenry able to hold their governments accountable MLDI provides specialist training to lawyers on freedom of expression law

2 Annual Review 2016 Introduction

MLDI defends and fosters 2016 saw a sharp decline in press freedom around the 2016 also saw some important positive developments. a free media throughout world. Media freedom in Turkey, already severely curtailed, Several courts demonstrated significant willingness to the world by providing legal was decimated (see page 17), while press freedom defend the right to freedom of expression in the face of deteriorated in nearly two-thirds of countries according to restrictive legislation or executive action to limit media support. We do this by Reporters Without Borders’ World Press Freedom Index. freedom. Over the year, MLDI won journalists and bloggers administering an emergency Journalists continued to be imprisoned. MLDI supported their freedom and gained ground-breaking judgments at defence fund available cases of journalists imprisoned in Turkey, Azerbaijan, national and international courts. We worked to widen the to independent media, Ethiopia, Macedonia and Vietnam – among others. Reports space for media freedom and freedom of expression, and journalists and bloggers of torture and ill-treatment of journalists and bloggers in to keep the digital space free, open and secure. You can read in need of legal support; detention continued to surface in many of our cases, for about award winning journalist, Khadija Ismayilova’s release by taking strategic cases example in Azerbaijan and Egypt. Physical violence and from prison on page 19, a rare win at the national courts in harassment of journalists and bloggers continued and often Russia on page 10 and our work on digital rights on page 20. to challenge repressive laws and expand the went uninvestigated. For example, MLDI supported the space for media freedom; and, in countries where cases of murdered Russian journalists Akhmednabyev and We are proud of our success rate, fully or partially meeting the threat of legal action is high and constant, Kamalov, in which state authorities failed to investigate our case objectives in over 70% of the cases we supported by providing financial and technical support to their murders. in 2016. Over the year, MLDI spent £3.4m on our activities partner organisations to establish or increase their and operations; 86p of each pound spent was on charitable capacity to provide legal defence to journalists The trend of ‘regulating’ internet content and online activity activities.We are even more proud of our partnerships continued, often without the necessary protections for with the dedicated media freedom activists and lawyers we in their home countries. We also provide training journalism and journalistic work. In 2016 an increasing worked with. In 2016 MLDI partnered with 10 organisations and capacity building support to lawyers. proportion of our cases related to digital rights. New overly around the world to defend media in their countries, broad or unclear cybercrimes legislation and other laws supporting their daily fight to defend media. We remain that relate to publishing on the internet were introduced in humbled by the brave and inspiring journalists we work several countries. For example, in Pakistan, where MLDI to support, who provide the public with information on supported a challenge to the Prevention of Electronic matters of genuine public interest and contribute to the Crimes Bill, which entered into force in August 2016 and free flow of information and ideas that is so critical to the in Tanzania where MLDI supported a constitutional development of a free and well informed society. challenge to the Cyber Crimes Act. MLDI also challenged internet shutdowns, for example in Uganda in a case that Lucy Freeman was continuing at the end of the year. Chief Executive Officer

4 Annual Review 2016 Annual Review 2016 5 Emergency Defence Fund

MLDI’s Emergency Defence Fund provides journalists, The majority of the cases directly supported during the 2. Hubsad newspaper, Somaliland. MLDI supported CASES IN 2016 bloggers and independent media financial support to year were in Sub-Saharan which accounted for over Hubsad Newspaper which faced spurious charges of defend cases against them. MLDI also offers substantive a third of cases. We also continued to support a significant false news and publishing with a defective license. 60 new cases in 26 countries support which can range from legal representation before number of cases in -Pacific (particularly from India With our support, Hubsad engaged a local lawyer and national and international courts to providing research and ) as well as a small number of cases from the fought the case, which was eventually dismissed by Azerbaijan 1 Kenya 2 memos, case strategy and drafting of filings. In 2016 we MENA region and Latin America. the domestic court. Bahrain 1 Latvia 1 supported 60 new cases, and with many cases from previous Burundi 1 Macedonia 1 3. Jaison Sang, Colombia. Jaison Sang was charged with years still ongoing, this brought our case load for the year to Cases can involve many stages of appeal and can take years Cameroon 1 Montenegro 1 slander following a series of articles he published in a total of 196. to conclude. In 29 cases, where an effective remedy was Colombia 2 Pakistan 1 2010 highlighting possible corruption and illegal use of not available at the national level, MLDI supported cases Egypt 1 Russia 19 funds by a family welfare organisation. Although the case During the year, we directly supported cases in 52 countries at international and regional courts such as the European El Salvador 1 Somalia 2 was lost at the first instance, our partner organisation across the world. The countries with the highest number Court of Human Rights or The East African Court of Ethiopia 1 Spain 1 in Colombia - Fundación para la Libertad de Prensa of directly supported cases during the year were:1 Justice. Despite the challenging and sometimes dangerous France 1 Tanzania 4 (Foundation for Press Freedom or FLIP) appealed to circumstances journalists supported by MLDI continued Hungary 1 Turkey 2 the Supreme Court, resulting in a judgment in which all • Russia (31 cases), where we have continued to support to face in 2016, the year saw many successes litigated charges against Jaison Sang were dismissed. India 3 Uganda 2 independent media outlets and NGOs subjected to before both domestic and international courts. 69 of the 2 1 arbitrary application of draconian laws; cases supported by MLDI came to a close during the year, 4. Malaysiakini, Malaysia. Independent online news outlet, Italy 6 Vietnam 1 successfully meeting the case objectives (either fully or Malaysiakini, had extensively reported on the use of • Azerbaijan (15 cases), where fabricated criminal charges partially) 71% of the time. cyanide and other chemicals in gold mining in the Raub are used to target journalists who dare to criticise the district of Malaysia, and the environmental and health 69 cases concluded from 34 countries government, and independent media continue to face implications this has had on the residents in the area. legal action aimed at ending their work; Success Stories Angola 1 India 2 Somalia 2 In 2012, the Raub Australian Gold Mining (RAGM) 1. Agil Khalil, Azerbaijan. MLDI supported Azerbaijani Armenia 1 Italy 1 South Africa 2 • Kenya (11 cases), where we continue to defend journalists company sued Malaysiakini and three of its journalists journalist Agil Khalil in his application to the European Azerbaijan 3 Kazakhstan 1 Spain 1 and bloggers against defamation suits that carry the for defamation. The court ruled that the defamation Court of Human Rights after he suffered a violent Bahrain 1 Kenya 3 Sri Lanka 1 threat of hefty damages, and support constitutional claims against Malaysiakini and its journalists were attack while taking photos for a story. The Azerbaijani Burkina Faso 1 Latvia 6 Swaziland 1 challenges to criminal provisions used to clamp down on unfounded as they practised responsible journalism and Government agreed to pay compensation for the human Burundi 1 Liberia 1 Tanzania 2 publications that are critical of those in power. the case was dismissed. In addition, RAGM was ordered rights violations Agil suffered. In doing so, the state Cameroon 1 Malaysia 1 Togo 1 to pay the legal fees of RM50,000 (USD$11,500). formally admitted before the Court that it breached China 1 Myanmar 1 Uganda 1 2016 saw MLDI receive a record number of cases coming his human rights, including his right to freedom of Colombia 3 Pakistan 2 United Kingdom 3 from countries within (including the Caucasus expression, his right to life, and his right to freedom Egypt 3 Russia 14 Zambia 3 region), reflective of a worrying decline in press freedom from ill-treatment. France 1 Samoa 1 in the region. 1 MLDI also supported a significant number of cases indirectly through its partners, Germany 1 1 as detailed on page 22.

6 Annual Review 2016 Annual Review 2016 7 MLDI Achievements and Impact in 2016 Countries we worked in during 2016 through our Emergency Defence Fund 196 journalists, 86% of income bloggers and media outlet spent on charitable defended in 52 countries activities

70% of the journalists Substantive support defended have continued provided to 41% to publish of cases

Type of cases suported

48 Civil defamation/libel 27 Other criminal 25 Other civil 24 Administrative measures/sanctions 24 Criminal defamation/libel Number of cases per country 13 Harassment or bodily harm by security agents 9 Access to information Angola 1 Colombia 5 Indonesia 2 Myanmar 1 Singapore 1 Togo 1 Armenia 2 Egypt 4 Italy 7 Nigeria 1 Slovenia 1 Turkey 2 9 Endangering national security Azerbaijan 11 El Salvador 1 Kazakhstan 1 Pakistan 3 Somalia 3 Uganda 7 6 Sedition Bahrain 3 Ethiopia 3 Kenya 15 Palestinian South Africa 2 United Kingdom 4 1 Botswana 2 France 2 Latvia 6Territories Spain 1 United States 1 5 Closure of media outlet Burkina Faso 1 Gambia, The 4 Liberia 1 Romania 1 Sri Lanka 2 Vietnam 2 3 Insult (government or official) Burundi 2 Germany 1 Macedonia 3 Russia 31 Sudan 1 Zambia 9 Protection of sources Cameroon 7 Hungary 3 Malaysia 9 Rwanda 1 Swaziland 1 Zimbabwe 1 2 China 1 India 10 Montenegro 4 Samoa 1 Tanzania 6 1 Contempt of court

818 Annual Annual Review Review 2016 2016 Annual Review 2016 9 Case Study: A surprising victory for Russian online magazine 7x7

What started out as an innocent joke during an interview, After months of litigation, the Supreme Court of Komi ended up causing Russian online magazine ‘7x7’ months Republic held that 7x7 could not be held liable for of legal struggle. In October 2015, 7x7 interviewed comments made in the interview by Varlamov because well-known entrepreneur and blogger, Ilya Varlamov. according to the legislation, the founder could not be held Varlamov was visiting 7x7’s hometown, Syktyvkar, to liable for the information published by the media outlet. promote a pizza brand when 7x7 decided to test his The judgment read that there was no evidence of the knowledge about the city in northern Russia. administrative case that had been filed against 7x7. This was unexpected, as the case against them fitted squarely into the 7x7 used a question from an existing online quiz about pattern of increased pressure on independent online news Syktyvkar, which had been published previously by news outlets in Russia. site ‘Medusa’. This question related to a monument in Syktyvkar locally known as ‘dames roasting a crocodile’. According to Freedom House’s 2016 Freedom of the Varlamov chose the correct answer from a list of possible World Report, while speech online was largely unrestricted answers presented by the interviewer: this nickname until 2012, the Kremlin has since adopted a series of laws referred to a monument titled ‘the Eternal Flame’, that gave it more power to shut down critical websites. dedicated to those fallen in the Great Patriotic War. Independent websites are regularly blocked as well. At the end of 2015, Russia had blocked access to roughly 20,000 Not all readers of the website shared 7x7’s sense of websites. The Kremlin also employs numerous ‘trolls’ to humour. Shortly after publication of the interview, an disrupt online discussions and intimidate users. Ranking indignant reader complained to the local branch of the 148 out of 180 countries in the World Press Freedom Russian state body for media oversight, Roskomnadzor. Index, the atmosphere for journalists in Russia is described Roskomnadzor agreed that the interview mocked a symbol as “stifling”. of military glory and charged 7x7 under a relatively new law with ‘abusing the freedom of mass information’ by The administrative offence 7x7 was charged with is often distributing information which expressed ‘clear disrespect used to limit freedom of expression. With victories for the for the days of military glory and anniversaries of Russia press being increasingly rare in Russia, the judgment of the relating to the defence of the Fatherland or public Supreme Court in 7x7’s case was particularly significant for desecration of symbols of military glory of Russia in us. However the situation for journalists in Russia continues public’. 7x7 was fined RUB 200,000 (GBP 2,307), to be a challenging one. but appealed.

10 Annual Review 2016 Annual Review 2016 7 Strategic Litigation

MLDI’s strategic litigation seeks to promote a legal Our strategic litigation priorities in 2016 were: Some of our significant strategic litigation achievements • MLDI, along with the law clinic at the University of and regulatory framework in which independent in 2016 include: Zagreb, filed a petition with the UN Working Group media can report freely on issues of public interest. • criminal defamation and national security charges; on Arbitrary Detention, calling for the release of a • Following a landmark ruling on criminal libel in 2014 Vietnamese photojournalist, Minh Man Dang Nguyen. • legal threats to journalists’ and bloggers’ freedom of at the African Court of Human and Peoples’ Rights, Minh Man is currently serving a prison sentence for expression online; and Given the ongoing abuse of criminal and civil laws Burkinabe journalist Lohé Issa Konaté was awarded documenting events and issues that the Vietnamese used to stifle freedom of expression in many of • physical violence and harassment of journalists 35.1 Million CFA (approx. USD $57,000) compensation Government did not wish to be publicised. The UN the countries in which MLDI is active, we seek out and bloggers. for the harm he suffered as a result of his year-long Working Group on Arbitrary Detention called on strategic cases that offer an opportunity to bring detention for charges of criminal defamation for Vietnam to immediately release the photojournalist, these laws in line with international freedom of We started the year carrying over 27 ongoing strategic cases publishing two articles that linked a prosecutor to finding that she “was detained solely for the peaceful and in addition we took on seven new ones over the year. expression standards or, where these standards corruption and abuse of power. exercise of her rights”. The Working Group also criticised the law under which Minh Man was convicted, • Following an MLDI intervention in a case at the are insufficiently specific, to clarify them. By the end of 2016, MLDI had 23 ongoing strategic cases calling it “vague and imprecise” and noting it has been European Court of Human Rights, the court found that Strategic cases can put pressure on states to originating in13 different countries (Azerbaijan, Ethiopia, used on persons who have merely exercised their Hungary violated the right of access to information of a reform their laws and a win can create influential The Gambia, Hungary, Kenya, Pakistan, Russia, rights to freedom of opinion or expression under local NGO by failing to provide information on an issue Rwanda, Sudan, Tanzania, Turkey, Uganda, and the international law. precedent that can benefit the wider region. that was clearly in the public interest. The decision was United Kingdom). a victory for journalists, bloggers and NGOs who now enjoy a strengthened right to access information as part of their role as “public watchdogs”.

12 Annual Review 2016 Annual Review 2016 13 Strategic Litigation (continued)

Ongoing strategic cases in focus MLDI has provided a research memo to MMDC to A positive judgment would build upon the Court’s already support the case, providing the ECtHR with examples strong jurisprudence on the rights of journalists in Challenging the need to exhaust domestic remedies following of cases previously heard by the court in which domestic the Gambia. ineffective investigations into the murder of journalist remedies were not exhausted. The ECtHR is urged to hold Khadjimurad Kamalov that in a situation where state authorities fail to conduct It could also lead to a change in the laws that for years Khadjimurad Kamalov, prominent founder of Chernovik a proper investigation into the killing of a journalist, it is fostered a climate that silenced journalists in the Gambia. – a respected publication in the North Caucasus, was shot not necessary for the victim’s family to exhaust domestic It would also be to the benefit of the citizens across the dead by a masked assailant in front of his office in 2011. remedies before going to the ECtHR; and that in failing West African community in countries where draconian According to the Committee to Protect Journalists, the to conduct a timely and effective investigation, Russia has laws on sedition, criminal libel and false news still exist. suspected source of fire was government officials. Five violated the rights of the journalist and his family. years after his murder, the investigation into his death is Legal Brains Trust v. the Uganda Communications still ongoing. The investigating authorities did not share Gambia sedition and false news challenge at the Economic Community Commission and the Attorney General information regarding the progress of the investigation with of West African States (ECOWAS) Court – With MLDI’s support, the Ugandan NGO, The Legal Kamalov’s relatives. Kamalov’s relatives took Russia to the FAJ & Ors v. The Gambia Brains Trust, brought judicial review proceedings against European Court of Human Rights (ECtHR) for failing to Under former president of the Gambia, Yahha Jammeh, the Uganda Communications Commission (UCC) and the conduct an effective investigation. However the ECtHR media freedom was crushed. The Gambian state authorities Attorney General of Uganda over social media blocking requires that legal remedies at the domestic level must be targeted and persecuted journalists; they were arrested, which took place in February and May 2016. On both exhausted before they will review a case – a task made detained, deported, beaten, convicted, tortured and subject occasions the UCC issued a directive blocking access to impossible for Kamalov’s family as the police investigation to enforced disappearance by the Gambian authorities. social media platforms including WhatsApp, Facebook, had still not be closed. MLDI is working with its partner Twitter and mobile money services. The most recent in Russia, the Mass Media Development Centre (MMDC), In 2016, MLDI, together with the Federation of African blocking occurred the evening before the swearing-in of who are representing Kamalov’s relatives to bring the case Journalists (FAJ), argued before the ECOWAS Court that President General Yoweri Kaguta Museveni. This is an issue to the ECtHR on the basis of violations of Article 2 (right the Gambian laws providing for sedition, criminal libel of considerable strategic importance and is a clear violation to life) and Article 10 (right to freedom of expression). and false news are in violation of the right to freedom of of the right to freedom of expression during a period of The case argues that the investigation has been ineffective expression under international law. This is the first time substantial political significance. We hope to obtain an and a violation of the state’s duty to properly investigate a the ECOWAS Court has had the opportunity to consider injunction restraining the UCC from taking similar actions murder under the right to life. these laws. in the future and obtain a judgment that recognises that indefinite, blanket bans on accessing social media is a violation of the right to freedom of expression.

14 Annual Review 2016 Annual Review 2016 15 Our strategic cases and the threats to freedom of expression

France Azerbaijan Russia Right to be forgotten Unlawful denial of the right Use of foreign agent laws Use of privacy laws by to access information Use of public order laws to public figures Failure to investigate detain journalists violations of journalists’ Failure to investigate the Germany human rights murder of a journalist Unlawful denial of the right Unlawful detention to access information of journalists Hungary Azerbaijan Unlawful denial of the Lack of media pluralism Country in Profile: Turkey right to access information Dissproportionate reporting restrictions The situation for journalists and the media in Turkey is dire. channels, 23 radio channels, and 15 magazines. Access Press freedom has been in decline since 2010 and a failed had been blocked to more than 20 news websites and coup attempt in July 2016 saw press freedom dramatically the licences of 29 publishing houses had been revoked. deteriorate. On 25 July 2016, arrest warrants were issued Additionally, 780 press cards were cancelled. Thousands Turkey for 42 journalists and by 29 July this number had risen to of passports of journalists were also cancelled. Use of overly broad injunctions 89. By the end of 2016, approximately 81 journalists were to suppress reporting detained and 219 had warrants out for their arrests. The In 2016, MLDI doubled its financial support in Turkey. vast majority of the journalists under arrest were charged As well as providing direct case support to journalists in Sudan with “membership in a terrorist organisation”, “spreading need, MLDI funded and worked in partnership with two Arbitrary arrests terrorist propaganda”, “attempting to overthrow the Turkish organisations to help defend journalists and protect Ethiopia and detention current government” or “espionage”. media freedom in Turkey, including the provision of an of journalists Use of national security laws to detain journalists emergency grant, in total supporting 112 cases. United Kindom Following the attempted coup, a state of emergency was Unlawful denial of the right to access imposed, over one hundred judges were detained and the information Uganda High Council for Judges and Prosecutors suspended 2,745 Holding Use of criminal intermediaries liable judges, raising serious fair trial concerns in the country defamation laws for third party content and undermining the rule of law. Use of national security laws to seize Rwanda journalists’ material Use of national security African Commission on Human and Peoples’ Rights By the end of 2016, the Turkish government had used a laws to detain journalists European Court of Human Rights state of emergency law to order the closure of at least 189 Statistics obtained from the Stockholm Centre For Press Freedom Burkina Faso United Nations Human Rights Committee newspapers, television and radio stations, publishers and Report, January 2017, “Freedom of the Press in Turkey: Far worse than Use of criminal defamation East African Court of Justice you think” & The Committee to protect Journalists laws to detain journalists news agencies. These include three news agencies, 16 TV African Court of Human and People’s Rights

16 Annual Review 2016 Annual Review 2016 17 Case Study: Journalist Khadija Ismayilova released from prison in Azerbaijan

On 25 May 2016, award-winning Azerbaijani journalist Co-counsel, Amal Clooney, from Doughty Street Chambers Khadija Ismayilova was released from prison in Azerbaijan. said: “We can all celebrate the fact that an innocent young Through her courageous reporting, Khadija exposed woman has been freed. Khadija is a talented journalist who evidence of corruption by the President of Azerbaijan, later was instrumental in exposing corruption in her country. confirmed in the Panama Papers. Following an unfair trial Her release is a victory for all journalists who dare to speak she was sentenced to seven and a half years in prison on truth to power…Khadija deserves full acknowledgment of sham charges and had been in prison for almost a year her innocence and should be allowed to resume her work as and half before her release was announced. a journalist without further harassment by the government”.

Khadija has been represented by MLDI and Doughty Although her release is significant, demonstrating that Street Chambers since 2015. In March 2016 the team her detention was unjustified, Khadija’s case does not end filed detailed legal submissions to the European Court here. Two of Khadija’s charges were upheld and she is still elaborating on the violations of Khadija’s rights under the facing a three and a half years suspended prison sentence, European Convention on Human Rights which MLDI which means the threat of imprisonment remains. MLDI is alleged in 2015. continuing its case at the European Court of Human Rights to have her innocence fully recognised. The Supreme Court of Baku issued a verdict acquitting Khadija on two of the four charges that she was convicted of (misappropriation and abuse of power) and reducing her sentence for the two remaining charges to a suspended prison sentence of three and a half years with a probationary period of five years.

1582 Annual Annual Review Review 2016 2016 AnnualAnnual Review Review 2016 2016 19 2 SpotlightIntro on Digital Rights

Supporting online journalists, bloggers and promotion and protection of the right to freedom of internet media outlets to ensure freedom of opinion and expression. expression is respected online The constitutionality of section 16 of the Cybercrimes Act The use of the internet as a forum for expression is growing in Tanzania exponentially and, as a result, the desire to control this space MLDI is supporting a constitutional challenge brought is increasing as well. Consequently, MLDI is supporting an by Benedict Ngonyani, who was arrested in relation to increasing number of digital rights cases, seeking to ensure comments he had made on Facebook about the health the right to freedom of expression is respected online. Case Study: 444.hu’s case against Hungary and potential poisoning of Tanzania’s Chief of Defence MLDI supported over a third more cases defending online Force. The case is challenging section 16 of Tanzania’s journalists in 2016 compared to the previous year, with the Cybercrimes Act, which prohibits someone publishing highest number of cases coming from Russia and Italy. materials which are false or not verified by relevant In 2015, a Hungarian court held a popular news website, For HCLU, the case against 444.hu is of strategic authorities – a huge restriction on freedom of expression. 444.hu, liable for publishing a hyperlink to a YouTube video importance. Cases involving freedom of expression on Our digital rights cases in 2016 have included challenges to: Ngonyani was the first person in Tanzania to be charged which criticized a far-right political party. The court found the internet are still relatively new. This case will be the under the Act, which came into force in September 2015. that the video was defamatory and 444.hu was held liable first opportunity for the European Court of Human A travel ban placed on digital activist Esraa Fattah for publishing the hyperlink. Essentially, 444.hu was held Rights to consider the implications of defamation liability (“the Facebook Girl”) in Egypt; Social media blocking in Uganda. responsible for the content found in the YouTube video. for hyperlinking to third party content, which means the Esraa is a well-known and respected journalist and activist, In 2016, several social media platforms were shut down Court’s decision could have far-reaching implications. known as the “Facebook Girl” due to her prominent use in Uganda during elections and the swearing in of the Representing 444.hu, MLDI and the Hungarian Civil of social media to organise and support public protests president. Shutdown cases can be difficult to challenge Liberties Union (HCLU) filed submissions before the “MLDI were a fresh pair of eyes, providing new perspectives in Egypt. In 2008, Esraa set up a Facebook group calling as it is difficult to identify who ordered the shutdown. European Court of Human Rights, challenging the in fine tuning our application to the European Court” for a textile workers’ strike in an industrial town, and was However in this instance, the Uganda Communications Hungarian court’s decision. said Dalma Dojcsák, Head of the Freedom of Expression subsequently detained for her involvement in supporting Commission (UCC) was identified as the body that ordered Programme at the Hungarian Civil Liberties Union. the movement. She later went on to help organise the the shutdowns to take place. MLDI is working with the Many other NGOs, IT corporations, journalists’ The judgment, expected in 2017 could affect not only 2011 Arab Spring protests, which brought about the end Legal Brains Trust to highlight the violations of freedom of associations and academics expressed an interest in the restrictive laws in Hungary, but also set a precedent across of President Mubarak’s 30-year rule. She also acted as a expression caused by the shutdowns and hopes to obtain an case and filed interventions. Among the interveners are Europe on defamation liability for hyperlinking. vital source on the ground for the international media injunction restraining the UCC from taking similar actions Mozilla, Buzzfeed, Electronic Frontier Foundation, during the protests. In 2014, Esraa was made aware she in the future (you can read more about this on page 15). Access Now, and the European Roma Rights Centre. was put on a travel ban list, one of the many tools used by the Egyptian government to silence and intimidate MLDI also worked with its partners in Hungary, the Esraa. MLDI is working with Doughty Street Chambers to Hungarian Civil Liberties Union on a landmark case on challenge the travel ban. In December 2016 we submitted hyperlinking and intermediary liability (page 21). an urgent appeal to the UN’s Special Rapporteur on the

20 Annual Review 2016 Annual Review 2016 21 Our Partner Work

MLDI provided financial assistance and technical New partners support to 10 partner organisations over the year As we continue to expand our work and build our to establish or increase their capacity to provide reputation, applications for our partner grants have legal defence to journalists in their home countries; increased. We received 50% more applications for partner providing sustainable, on the ground legal defence funding in 2016 compared to 2015. In 2016 we funded for independent media around the world. three new partners, Ossigeno per l’informazione in Italy; the Kenyan Union of Journalists in Kenya and a partner in Turkey. These new partnerships will help to further In 2016 we supported a total of ten partners to actively increase our reach and ensure journalists are successfully defend independent media in yearlong projects. Between defended around the world. them, 1231 cases were litigated with a success rate of 94%. Active partners in 2016 Why we work with partners By building legal capacity within partner organisations Egyptian Centre for Public Policy Studies Egypt through funding and ongoing substantive support, Human Rights Network for Journalists Uganda MLDI’s partner work has the potential to establish a more sustainable infrastructure for quality media defence. Hungarian Civil Liberties Union Hungary National Defence Centres provide journalists with local Kenyan Union of Journalists Kenya lawyers, experienced in litigating at their national courts Media Development Centre Macedonia and with detailed knowledge of their countries’ freedom of expression landscape. Media Policy Institute Kyrgyzstan Ossigeno per l’informazione Italy Most of MLDI’s partnerships last for several years. The Committee for Legal Aid for the Poor India For example, MLDI has worked with the Hungarian Civil Liberties Union (HCLU) since 2011. In 2016, Two Partners Turkey HCLU not only litigated many media defence cases with the support our grant, but also joined forces with us on a strategic case at the European Court of Human Rights 1 Only five had reported at time of printing, we expect this figure to be significantly (you can read more about this on page 21). higher after all partners have reported

22 Annual Review 2016 Annual Review 2016 2 Partners in Profile

Human Rights Network for Journalists, Development Centre, Macedonia (MDC) Media Policy Institute, Kyrgyzstan (MPI) Uganda (HRNJ-U) Kanal 77 Radio and its General Manager, Goran Gavrilov, Kyrgyz newspaper, Aibat, which has a circulation of 123 cases conducted On October 28, 2015 Shamim Jjingo Nakawooya, a were charged with criminal offences by the Office of Public around 4000, publishes political satire. Aibat published Prosecution under suspicion of issuing false invoices. Ugandan journalist, was assaulted and had her equipment a photo with the caption ‘joke picture’, which was a Gavrilov was subject to a number of administrative charges damaged during an interview with Eddie Ssansa, a photo of two MP’s eating from each other’s plates; Aibat as a form of harassment by the national administration member of the ruling party and prominent politician. added pretend dialogue to the people in the background that aimed to pressure him into changing the editorial 94% success rate HRNJ-U worked with Nakawooya to file a malicious of the photo which “congratulated the newlyweds” and policies of the station, which have been strongly critical damage to property case and an assault case against Ssana “wished them the best of luck for their lives together”. of the Government. and worked with the State Attorney to achieve the best Turkish Citizen, Lel Ozer was one of the individuals in possible outcome for Nakawooya. In November 2016 the background of the photo and sued Aibat for civil After several postponed hearings, the court reviewed the Ssansa was sentenced to a suspended custodial sentence defamation claiming moral damage of 500,000 soms 9 countries expert opinion prepared by MDC’s lawyers and the Public of twelve months, with a UGX 500,000 (USD 150) (USD 7,000). Prosecution and declared the charges unfounded and fine and UGX2,000,000 (USD600) compensation to rescinded all charges against the radio station. the journalist. MPI provided legal representation to Aibat newspaper to challenge the claim. The case against Aibat was dismissed Administrative harassment is a common way to exert On a number of occasions, journalists in Uganda have at the Court of First Instance. Ozer successfully appealed pressure on independent media in Macedonia in an attempt been assaulted and had their equipment damaged by the decision at the Appellate Court, however, MPI further Types of cases supported by partners to change their reporting or editorial policies, or push them both state and non-state actors, often going unpunished appealed the case to the Supreme Court and the decision towards self-censorship. The support MDC provides is due to failure by the Ugandan police to thoroughly of the Court of First Instance was upheld. These lengthy 1 Civil defamation/libeOther civil imperative in order to defend independent media against investigate the cases. The conviction of a prominent legal battles and multiple stages of appeal are common in 4 Administrative measures trumped up administrative charges and fines which could politician sends a strong message to political figures Kyrgyzstan and are representative of the pattern of legal bankrupt independent media. 6 Harassment or bodily harm by security agents and the general public about the need to respect threats faced by journalists in Kyrgyzstan. 10 Access to information media freedom. About MDC 14 Endangering national security About MPI About HRNJ The Media Development Center is a civil society 17 Insult (government or official) organization focused on promoting a positive climate Media Policy Institute is an independent and nonprofit 18 Criminal defamation/libel HRNJ-Uganda was established in 2005 by a group of of media freedom within the Former Yugoslav Republic organization operating in Kyrgyzstan. MPI’s primary human rights-minded journalists committed to challenging 53 Civil defamation/libel of Macedonia. objective is to promote a developed free information space the violations and abuses faced by the media.Media within Kyrgyzstan through promoting media freedom.

224 Annual Annual Review Review 2016 2016 Annual Review 2016 25 Training and Capacity Building

A key element of MLDI’s work is the provision Freedom of expression clinic at the University of Edinburgh Other training & capacity building of specialist training to lawyers to help develop MLDI organised and supervised a freedom of expression During the year, MLDI supported six media lawyers their technical expertise on litigating freedom of clinic in partnership with the University of Edinburgh, from across the globe to attend the Internet Governance attended by 12 law students. The clinic provided a unique Forum in Mexico in December, providing them with an expression cases, building strong legal networks opportunity for students to work alongside practicing opportunity to develop knowledge and skills in digital able to defend journalists, bloggers and media lawyers on international casework, upskilling law students rights. MLDI also worked with the International Press outlets and promote media freedom through on matters of freedom of expression and human rights Institute to train 40 professional journalists on media the courts. law and allowing students to work on real cases. MLDI’s law in order to assist them in identifying the legal risks legal team assisted students in drafting petitions to the UN they might face in their work and how to take preventative Training and development activities Working Group on Arbitrary Detention, filed in June 2016, steps to safeguard against litigation. in 2016 on behalf of Vietnamese bloggers, Nguyễn Hữu Vinh and Ngô Hào. Nguyễn Hữu Vinh had been sentenced to East African Litigation Surgery five years in prison in 2016 (after 22 months in pre-trial In August 2016, in partnership with the Human Rights detention) for publishing various articles on his blogs about Network for Journalists-Uganda (HRNJ-U) and the alleged government corruption and other political issues. 6 Training Projects law firm WilmerHale, MLDI organised an East African Ngô Hào had often criticised Vietnam’s human rights Litigation Surgery – a four-day legal training for lawyers abuses and was arrested in February 2013 without a warrant, in East Africa on freedom of expression law and how to charged with taking actions “aimed at overthrowing the access regional human rights mechanisms. The workshop people’s administration” and convicted on 11 September Journalists covered a range of topics including the right to freedom 2013. He is currently serving a 15-year sentence with hard 40 of expression, media regulation and defamation, as well labour, which has had a profound effect on his health. as guidance on strategic litigation and how to effectively The petitions filed by the students requested that the UN use regional bodies such as the African Commission on Working Group on Arbitrary Detention declare that the Human and Peoples’ Rights and the East African Court of detentions violate international law. We hope the petitions 12 Law Students Justice. 12 participants attended the surgery from Kenya, will put pressure on Vietnam, resulting in the release of Rwanda, Tanzania and Uganda and each participant brought Nguyễn Hữu Vinh and Ngô Hào and the dismissal of all an active media freedom case to work on at the training. charges against them. After providing training, MLDI continued to support the participants on their cases, including challenging the 116 Lawyers Cybercrimes Act in Tanzania, a challenge to the closure of a Tanzanian newspaper before the East African Court of Justice, and civil defamation cases in Kenya.

26 Annual Review 2016 Annual Review 2016 23 MLDI’s work in 2016 was made possible by our generous donors:

• The Adessium Foundation • The Democracy and Media Foundation • The Ford Foundation • Google • Hivos • Konrad Adenauer Stiftung • The MacArthur Foundation • Open Society Foundations • Sigrid Rausing Trust • Individual and anonymous donors

Contact Details & Company Information: MLDI The Foundry 17 - 19 Oval Way London SE11 5RR United Kingdom

Email: [email protected] Skype: mldi.law Phone: +44 (0) 203 752 5550 Twitter: @mediadefence Facebook: /media defence Website: www.mediadefence.org

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