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Reporting on Corruption a Resource Tool for Governments and Journalists United Nations Office on Drugs and Crime Vienna

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Reporting on Corruption a Resource Tool for Governments and Journalists United Nations Office on Drugs and Crime Vienna The United Nations Convention against Corruption Reporting on Corruption A Resource Tool for Governments and Journalists United Nations Office on Drugs and Crime Vienna Reporting on Corruption A Resource Tool for Governments and Journalists UNITED NATIONS New York, 2013 i Acknowledgements This Resource Tool is the product of a project carried out by the Corruption and Economic Crime Branch of UNODC in line with its Thematic Programme entitled Action against Corruption, Economic Fraud and Identity-related Crime (2012-2015). UNODC wishes to thank Mr. John Holland and Mr. Ari-Matti Nuutila for their substantive contribution to the drafting of this Resource Tool. UNODC also acknowledges with profound gratitude those who have participated in the international Expert Group Meeting held in Vienna from 10 to 12 April 2013 and who contributed their expertise and experience in the development of this Resource Tool (in alphabetical order): Mr. Khalid Bin Naser Bin Mohammed Al-Rajeh, National Anti-Corruption Commission, Saudi Arabia; Mr. Dudley Althaus, The Global Post, Mexico; Ms. Rosemary Armao, State University of New York, Albany, United States; Ms. Abigail Benzadón, National Council of Transparency against Corruption, Panama; Mr. Stefan Candea, Romanian Centre for Investigative Journalism, European Journalism Fund, Romania; Ms. Mimi Chakarova, Centre for Investigative Reporting, United States; Mr. Ma Cong, School of Law, Zhejiang University of Finance and Economics, Hangzhou, China; Mr. Joseph Guyler C. Delva, SOS Journalists, Haiti; Ms. Maricruz De Paredes, National Council of Transparency against Corruption, Panama; Mr. Dominik Fasching, Department of Prevention, Federal Office of Anti- Corruption, Austria; Ms. Helen Fenwick, Law School, University of Durham, United Kingdom; Mr. Maxim Filatenkov, General Prosecutor's Office, Russian Federation; Mr. Mohamed Garane, Radio Ergo, Kenya; Ms. Suzanne Hayden, International Anti-Corruption Academy, Austria; Mr. Henrik Kaufholz, Politiken, Member of the Board, Danish Association for Investigative Journalism, Denmark; Ms. Ekaterina Larina, Ministry of Communication and Mass Communication, Russian Federation; Mr. Ming-Kuok Lim, UNESCO, France; Ms. Nina Lindroos-Kopolo, OSCE, Austria; Ms. Claudia Loderbauer, Department of International Cooperation, Federal Office of Anti-Corruption, Austria; Ms. Gisele Maeda Mendanha, Office of the Comptroller General, Brazil; Ms. Lillian L. Mashaka, Prevention and Combating of Corruption Bureau, United Republic of Tanzania; Mr. Toby Mendel, Centre for Law and Democracy, Canada; Ms. Rusudan Mikhelidze, Ministry of Justice, Georgia; Mr. Murithi Mutiga, Nation Media Group, Kenya; Mr. Timothy Pitt-Payne QC, King’s Bench Walk Chambers, United Kingdom; Mr. Paul Cristian Radu, Organized Crime and Corruption Reporting Project, Romania; Mr. Wilfried Rütten, European Journalism Centre, Netherland; Mr. Helge Schröder, OECD, France; Mr. Päivi Tiilikka, University of Helsinki, Finland; Mr. Hathebelgal Venkatesh, Central Bureau of Investigation, ACB, India; Ms. Cibelle Vieira, Office of the Comptroller General, Brazil; Ms. Catherine Wambui, Ethics and Anti-Corruption Commission, Kenya; Mr. Russell L. Weaver, University of Louisville, Louis D. Brandeis School of Law, Louisville, United States; Mr. ii Andrei Zolotov, RIA Nosti, Russian Federation; Mr. Arif Zulkifli, TEMPO Magazine, Indonesia. The following experts provided comments on the draft report: Ms. Lydia Medland, Access Info Europe, Spain; Mr. Ivan Nikoltchev and Mr. Christophe Speckbacher, Council of Europe, France. UNODC also would like to thank the World Bank Group for its substantive input and financial support to the Expert Group Meeting, with special thanks to Mr. Craig Hammer. UNODC wishes to acknowledge the contributions of the following UNODC staff, who were responsible for the development of the Resource Tool: Ms. Maria Adomeit, Ms. Julia Pilgrim, Ms. Constanze von Söhnen, Ms. Candice Welsch. The following UNODC staff made valuable contributions: Mr. Jonathan Agar, Ms. Monica Tanuhandaru, Mr. Rodrigo Vitoria, Ms. Olga Zudova. Moreover, we would like to thank Ms. Jaya Mohan, for editing this publication. UNODC wishes to express its gratitude to the Government of Austria for its generosity in providing funding for the development of the Resource Tool. iii iv Contents Acknowledgements .................................................................................................................................. i PREFACE .................................................................................................................................................. 1 I. Introduction ......................................................................................................................................... 5 II. Investigative journalism .................................................................................................................... 10 III. Respecting, promoting and protecting the freedom of journalists to report on acts of corruption .............................................................................................................................................................. 20 A. Article 13 (1) (d) of UNCAC and international human rights instruments ............................. 21 B. Measures to protect the anonymity of sources .................................................................... 23 C. The right of access to information ......................................................................................... 32 1. Availability of data and information (proactive disclosure) .................................................. 32 2. The right of access to information upon request .................................................................. 38 IV. Grounds for restrictions on the freedom of journalists to seek information and report on acts of corruption ............................................................................................................................................. 47 A. Freedom of expression as the main principle ........................................................................ 47 B. Rights and reputations of others ........................................................................................... 50 1. Defamation as a criminal offence .......................................................................................... 51 2. Civil defamation laws ............................................................................................................. 55 3. Other rights ............................................................................................................................ 59 C. National security, ordre public, public health or morals ........................................................ 62 D. Licensing and pre-censoring of media ................................................................................... 67 1. Licensing, registration and notification ................................................................................. 67 2. Injunctions against media ...................................................................................................... 71 V. Integrity and accountability .............................................................................................................. 73 A. Why ethical reporting is important........................................................................................ 76 B. Creating an ethical environment through self-regulation ..................................................... 78 VI. Independent media centres and cross-border networks ............................................................... 84 A. Differentiation between centres and networks .................................................................... 86 B. Advantages and challenges of independent centres and networks ...................................... 89 VII. Protecting journalistic independence ............................................................................................. 94 A. Physical safety of journalists .................................................................................................. 96 B. Legal and financial obstacles ................................................................................................. 98 VIII. Using data and public information to write and report on corruption ....................................... 102 ANNEX 1: The Investigative Project .................................................................................................... 109 ANNEX 2. Articles on freedom of expression in most relevant international Conventions ............... 114 v PREFACE The United Nations Convention against Corruption (UNCAC, or the Convention) is the only universal, legally-binding anti-corruption instrument.1 It embodies innovative and globally accepted anti-corruption standards applicable to both the public and private sectors and provides a comprehensive approach to preventing and combating corruption. The Convention is a remarkable international achievement, which bears witness to the global extent of the problem of corruption. As of 1 October 2013, UNCAC has been ratified by 168 Parties, and is steadily approaching universal ratification. Countries that are not yet parties to the Convention have been called upon or encouraged to ratify or accede to it at all major fora, including the General Assembly, the Group of 8 (G8) and the Group of 20 (G20). The United
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