DOCSLIB.ORG

Protecting Journalism Sources in the Digital

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Protecting Journalism Sources in the Digital Julie Posetti Protecting Journalism Sources in the Digital Age Published in 2017 by the United Nations Educational, Scientific and Cultural Organization, 7, place de Fontenoy, 75352 Paris 07 SP, France © UNESCO 2017 ISBN 978-92-3-100219-9 This publication is available in Open Access under the Attribution-ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/igo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open- access/terms-use-ccbysa-en). The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The ideas and opinions expressed in this publication are those of the authors; they are not necessarily those of UNESCO and do not commit the Organization. Author: Julie Posetti (WAN-IFRA/World Editors Forum/University of Wollongong, Australia) Academic Researchers: Julie Posetti, France/Australia (Chief Researcher); Marcus O’Donnell, Australia; Carlos Affonso Pereira de Souza, Brazil; Ying Chan, China; Doreen Weisenhaus, China. Graduate Research Assistants: Federica Cherubini, Angelique Lu, Alice Matthews, Alexandra Waldhorn, Emma Goodman, Farah Wael. Undergraduate research contributors: Jake Evans, Alexandra Sazonova-Prokouran, Jessica Sparks, Nick Toner, Olivia Wilkinson. Acknowledgments The authors would like to thank the University of Wollongong (Australia) as well as UNESCO colleagues, in particular Caroline Hammarberg. UNESCO thanks Sweden for its support in delivering this publication. Administrative Support: Ashleigh Tullis Graphic design: UNESCO Cover design: UNESCO Illustrations: UNESCO Typeset and printed by UNESCO Printed in France Table of contents Foreword .........................................................................................................................................................................5 Executive summary .....................................................................................................................................................7 1. Introduction................................................................................................................................................... 11 The implications of the digital era ......................................................................................................... 12 Background to the study .......................................................................................................................... 13 Issues and purpose of the research ..................................................................................................... 13 2. Methodology ............................................................................................................................................... 14 Research methods deployed .................................................................................................................. 14 3. Key findings .................................................................................................................................................. 18 Identification of key themes .................................................................................................................... 18 Analysis of key themes ............................................................................................................................. 19 Key themes analysis: Summary .............................................................................................................. 28 4. International Regulatory and Normative Environments .............................................................. 30 United Nations actors ................................................................................................................................ 31 Summary ........................................................................................................................................................ 40 5. Regional instruments of Human Rights Laws and Normative Framework ............................ 41 European institutions ................................................................................................................................ 41 The Americas ................................................................................................................................................. 52 Africa ................................................................................................................................................................ 53 Asia and The Pacific ..................................................................................................................................... 55 Inter-regional institutions ......................................................................................................................... 55 Regional Instruments of Human Rights Law: conclusion ............................................................. 56 6. Overviews by UNESCO Region ............................................................................................................... 57 Africa ................................................................................................................................................................ 58 Arab States ..................................................................................................................................................... 64 Asia and the Pacific ..................................................................................................................................... 67 Europe and North America ...................................................................................................................... 75 Latin America and the Caribbean .......................................................................................................... 94 Regional conclusion .................................................................................................................................101 7. Thematic studies ........................................................................................................................................103 Thematic Study 1: The impact of source protection erosion in the digital age on the practice of investigative journalism globally ....................103 Thematic Study 2: How a State with one of the world’s oldest and constitutional legal source protection framework is responding and adapting to emerging digital threats ..............................................112 Thematic Study 3: Towards an international framework for assessing source protection dispensations in the digital age .............................120 8. Gender dimensions arising ....................................................................................................................134 9. Protecting Journalism Sources in the Digital Age: Conclusion .................................................136 10. Recommendations ....................................................................................................................................137 11. References ....................................................................................................................................................140 Appendices ...............................................................................................................................................................187 Appendix 1: List of experts accessed for qualitative interviews ..............................................187 Appendix 2: List of Review Panel Members ....................................................................................191 5 Foreword UNESCO is pleased to release this comprehensive study of changes that impact on legal frameworks that support protection of journalistic sources in the digital age. This research responds in part to a UNESCO resolution by the 38th General Conference held in 2015 as well as the CONNECTing the Dots Outcome Document adopted by our 195 Member States that same year. More specifically, the present publication was elaborated in an effort to address option 6.2 of the Outcome Document which recommends that UNESCO “recognize[s] the need for enhanced protection of the confidentiality of sources of journalism in the digital age”. In accordance with this mandate, UNESCO has developed a new approach to Internet and freedom of expression issues regarding safety, privacy, transparency, encryption, hate speech, radicalization and source protection. This is the framework of Internet Universality, and the Internet governance principles of Human Rights, Openness, Accessibility, and Multi- stakeholder Participation. The protection of confidentiality of journalists’ sources relates especially to the right to freedom of expression (and the correlatives of press freedom and access to information), and the right to privacy. While the rapidly emerging digital environment offers great opportunities for journalists to investigate and report information in the public interest, it also poses particular challenges regarding the privacy and safety of journalistic sources. These challenges include: mass surveillance
Load more

Recommended publications
  • Communication from the Commission to the European Parliament and the Council
    EN EN EN EUROPEAN COMMISSION Brussels, 20.7.2010 COM(2010)385 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Overview of information management in the area of freedom, security and justice EN EN COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Overview of information management in the area of freedom, security and justice 1. INTRODUCTION The European Union has come a long way since the leaders of five European countries agreed in Schengen in 1985 to abolish controls at their common borders. Their agreement gave rise in 1990 to the Schengen Convention, which contained the seeds of many of today’s information management policies. The abolition of internal border checks has spurred the development of a whole range of measures at external frontiers, mainly concerning the issuing of visas, the coordination of asylum and immigration policies and the strengthening of police, judicial and customs cooperation in the fight against cross-border crime. Neither the Schengen area nor the EU internal market could function today without cross-border data exchange. The terrorist attacks in the United States in 2001, as well as the bombings in Madrid and London in 2004 and 2005, triggered another dynamic in the development of Europe’s information management policies. In 2006, the Council and the European Parliament adopted the Data Retention Directive to enable national authorities to combat serious crime by retaining telecommunication traffic and location data.1 The Council then took up the Swedish initiative to simplify the cross-border exchange of information in criminal investigations and intelligence operations.
    [Show full text]
  • Download This PDF File
    Politics and Governance Open Access Journal | ISSN: 2183-2463 Volume 7, Issue 3 (2019) OutOut ofof thethe Shadows,Shadows, IntoInto thethe Limelight:Limelight: ParliamentsParliaments andand PoliticisationPoliticisation Editors Christine Neuhold and Guri Rosén Politics and Governance, 2019, Volume 7, Issue 3 Out of the Shadows, Into the Limelight: Parliaments and Politicisation Published by Cogitatio Press Rua Fialho de Almeida 14, 2º Esq., 1070-129 Lisbon Portugal Academic Editors Christine Neuhold (Maastricht University, The Netherlands) Guri Rosén (University of Oslo, Norway) Available online at: www.cogitatiopress.com/politicsandgovernance This issue is licensed under a Creative Commons Attribution 4.0 International License (CC BY). Articles may be reproduced provided that credit is given to the original andPolitics and Governance is acknowledged as the original venue of publication. Table of Contents Introduction to “Out of the Shadows, Into the Limelight: Parliaments and Politicisation” Christine Neuhold and Guri Rosén 220–226 Conceptualizing the Parliamentarization and Politicization of European Policies Niels Gheyle 227–236 The European Parliament and the Layered Politicization of the External Dimension of the Common Fisheries Policy Hubert Zimmermann 237–247 Eurosceptics into the Limelight? Eurosceptic Parliamentary Actors and Media Bias in EU Affairs Katrin Auel 248–265 Proving Their Worth? The Transatlantic Trade and Investment Partnership and the Members of the European Parliament Guri Rosén 266–278 Brexit under Scrutiny in
    [Show full text]
  • East Tower Inspiration Page 6
    The newspaper for BBC pensioners – with highlights from Ariel online East Tower inspiration Page 6 AUGUST 2014 • Issue 4 TV news celebrates Remembering Great (BBC) 60 years Bing Scots Page 2 Page 7 Page 8 NEWS • MEMORIES • CLASSIFIEDS • YOUR LETTERS • OBITUARIES • CROSPERO 02 BACK AT THE BBC TV news celebrates its 60th birthday Sixty years ago, the first ever BBC TV news bulletin was aired – wedged in between a cricket match and a Royal visit to an agriculture show. Not much has changed, has it? people’s childhoods, of people’s lives,’ lead to 24-hour news channels. she adds. But back in 1983, when round the clock How much!?! But BBC TV news did not evolve in news was still a distant dream, there were a vacuum. bigger priorities than the 2-3am slot in the One of the original Humpty toys made ‘A large part of the story was intense nation’s daily news intake. for the BBC children’s TV programme competition and innovation between the On 17 January at 6.30am, Breakfast Time Play School has sold at auction in Oxford BBC and ITV, and then with Channel 4 over became the country’s first early-morning TV for £6,250. many years,’ says Taylor. news programme. Bonhams had valued the 53cm-high The competition was evident almost ‘It was another move towards the sense toy at £1,200. immediately. The BBC, wary of its new that news is happening all the time,’ says The auction house called Humpty rival’s cutting-edge format, exhibited its Hockaday.
    [Show full text]
  • EU Member State Constitutional Identity: a Comparison of Germany and the Netherlands As Polar Opposites
    EU Member State Constitutional Identity: A Comparison of Germany and the Netherlands as Polar Opposites Gerhard van der Schyff* Abstract 167 I. Setting the Scene 168 II. Constitutional Identity Clarified 168 III. German Constitutional Identity Explored 170 1. Affirming the “Total” Constitution 170 2. Enter State-Based Democracy 172 3. Emphasizing National Sovereignty 173 IV. Dutch Constitutional Identity Explored 176 1. A “Modest” Constitution 176 2. Emphasis on Democracy 178 3. An “Open” Constitution 181 V. Germany and the Netherlands Evaluated 182 VI. On “Total” and “Modest” Constitutions 190 Abstract The purpose of this paper is to compare, in the light of European integra- tion, the concept of constitutional identity as it applies in Germany and the Netherlands as two EU Member States. Comparing Germany and the Netherlands not only allows for these polar opposites to be defined, but also evaluated. The benefits and drawbacks of expressing national constitu- tional identity will be considered, as well as ideas developed on how the concept is to be approached in the context of European integration. * Associate Professor, Department of Public Law, Jurisprudence and Legal History at the Law School of Tilburg University in the Netherlands. This contribution was written as part of the author’s research stay as a Humboldt Fellow in 2015 at the Chair for Public and Euro- pean Law of Professor Christian Calliess at the Law Faculty of the Free University of Berlin in Germany. All views expressed are those of the author. ZaöRV 76 (2016), 167-191 http://www.zaoerv.de © 2016, Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht 168 van der Schyff I.
    [Show full text]
  • Chilling Effects on Free Expression: Surveillance, Threats and Harassment
    chapter 16 Chilling Effects on Free Expression: Surveillance, Threats and Harassment Elisabeth Eide Professor of Journalism Studies, Oslo Metropolitan University Abstract: This chapter addresses global surveillance as revealed by Edward Snowden in 2013 and discusses the effects such surveillance – and indeed its revelation – may have on freedom of the press and investigative journalism. The chilling effect – an act of discouragement – has proven to be an effective way of deterring public intel- lectuals and other citizens from voicing their opinions in the public sphere. This chapter presents some examples of how it works on practicing freedom of expres- sion for both groups and individuals, as well as how it may affect relationships between various actors in the public sphere, particularly the state and the media, and journalists/writers and politicians. Finally, it discusses consequences for the future of investigative journalism. Keywords: chilling effect, investigative journalism, surveillance, freedom of expression Rarely it is mentioned, in this regard, that surveillance fundamentally questions journalistic work as such – at least in its form of investigative journalism that requires confidential communication with sources. —Arne Hintz (2013) Introduction This chapter addresses the chilling effect on freedom of expression and free- dom of the press. As a case study, it discusses how investigative journalism, Citation: Eide, E. (2019). Chilling Effects on Free Expression: Surveillance, Threats and Harassment. In R. Krøvel & M. Thowsen (Eds.),Making Transparency Possible. An Interdisciplinary Dialogue (pp. 227–242). Oslo: Cappelen Damm Akademisk. https://doi.org/10.23865/noasp.64.ch16 License: CC BY-NC 4.0 227 chapter 16 revealing modern global surveillance helped by whistleblower Edward Snowden (in June 2013), may be hampered by this effect, oftentimes in the form of a tight relationship between state power and the media.
    [Show full text]
  • Six Flaws in the Case Against Three Jailed Al-Jazeera Journalists
    Six flaws in the case against three jailed al-Jazeera journalists During the trial of Peter Greste, Mohamed Fahmy and Baher Mohamed the Guardian witnessed a litany of faults in prosecution Patrick Kingsley in Cairo theguardian.com, Wednesday 25 June 2014 00.36 AEST Peter Greste, Mohamed Fahmy and Baher Mohamed have been sentenced to between seven and 10 years in jail. Photograph: Hamada Elrasam/AP Three al-Jazeera journalists were jailed in Egypt this week for endangering Egyptian national security – and the country's foreign ministry insists that "due process was adhered to" in their trial. But the Guardian – the only newspaper to attend and report on each of the trial's 13 sessions – witnessed a litany of flaws. As Amnesty International, who also observed every session, notes: "the prosecution failed to produce a single shred of solid evidence". Retraction of key prosecution claims The prosecution's claim that the journalists had endangered national security rested on the testimony of a committee of "experts" from state television, who made the assertion in writing before the trial began. But under cross-examination in the trial's 10th hearing, the committee's three representatives admitted they did not know whether the journalists' work had endangered national security – collapsing the prosecution's case, and raising the question of whether the committee had written their own report in the first place. Irrelevant evidence To prove that the journalists had fabricated news, prosecutors presented dozens of videos and recordings – taken from various hard drives and phones owned by the defendants – that had no relevance either to Egypt or al-Jazeera.
    [Show full text]
  • The Protection of Journalistic Sources, a Cornerstone of the Freedom of the Press
    Thematic factsheet1 Last update: June 2018 THE PROTECTION OF JOURNALISTIC SOURCES, A CORNERSTONE OF THE FREEDOM OF THE PRESS According to the case-law of the European Court of Human Rights, the right of journalists not to disclose their sources is not a mere privilege to be granted or taken away depending on the lawfulness or unlawfulness of their sources, but is part and parcel of the right to information, to be treated with the utmost caution. Without an effective protection, sources may be deterred from assisting the press in informing the public on matters of public interest. As a result, the vital “public watchdog” role of the press may be undermined. Any interference with the right to protection of journalistic sources (searches at journalists’ workplace or home, seizure of journalistic material, disclosure orders etc) that could lead to their identification must be backed up by effective legal procedural safeguards commensurate with the importance of the principle at stake. First and foremost among these safeguards is the guarantee of a review by an independent and impartial body to prevent unnecessary access to information capable of disclosing the sources’ identity. Such a review is preventive in nature. The review body has to be in a position to weigh up the potential risks and respective interests prior to any disclosure. Its decision should be governed by clear criteria, including as to whether less intrusive measures would suffice. The disclosure orders placed on journalists have a detrimental impact not only on their sources, whose identity may be revealed, but also on the newspaper against which the order is directed, whose reputation may be negatively affected in the eyes of future potential sources by the disclosure, and on the members of the public, who have an interest in receiving information imparted through anonymous sources and who are also potential sources themselves.
    [Show full text]
  • European Union
    European Union Analysis of the Data Retention Directive July 2013 Centre for Law and Democracy [email protected] +1 902 431-3688 www.law-democracy.org European Union: Data Retention Directive Introduction In 2006, the European Parliament passed Directive 2006/24/EC (the Data Retention Directive), in part in response to the security crisis provoked by terrorist attacks in Madrid in 2004 and in London in 2005. The Directive introduced blanket telecommunications surveillance measures with important implications for the right to freedom of expression. Specifically, European Union Member States are obliged to transpose the Directive into national law, including through provisions which compel “providers of publicly available electronic communications services or of a public communications network” (service providers) to retain the traffic and location data of all users’ telephone and Internet communications for between six months and two years. The Directive has come in for widespread criticism from human rights organisations, telecom associations, IT security firms, journalists, healthcare professionals and legal experts on the basis that it violates the right to privacy and that it is costly, cumbersome and unnecessary. According to a report by the European Commission, only 9 of 27 Member States had explicitly endorsed the Directive as a necessary security measure some five years after it was first adopted.1 Meanwhile, courts in Austria, Bulgaria, Cyprus, the Czech Republic, Germany, Ireland and Romania have rejected the Directive as unconstitutional and/or referred the matter to European Court of Justice on the basis that it violates fundamental rights. At the same time, the European Commission has taken measures against countries which have failed to transpose the directive and, on 30 May 2013, Sweden was fined 3 million Euros for failing to implement the Directive until 2012.2 Pursuant to Article 1 of the Directive, service providers must be required to retain the traffic and location data of all registered users.
    [Show full text]
  • Al Jazeera's Expansion: News Media Moments and Growth in Australia
    Al Jazeera’s Expansion: News Media Moments and Growth in Australia PhD thesis by publication, 2017 Scott Bridges Institute of Governance and Policy Analysis University of Canberra ABSTRACT Al Jazeera was launched in 1996 by the government of Qatar as a small terrestrial news channel. In 2016 it is a global media company broadcasting news, sport and entertainment around the world in multiple languages. Devised as an outward- looking news organisation by the small nation’s then new emir, Al Jazeera was, and is, a key part of a larger soft diplomatic and brand-building project — through Al Jazeera, Qatar projects a liberal face to the world and exerts influence in regional and global affairs. Expansion is central to Al Jazeera’s mission as its soft diplomatic goals are only achieved through its audience being put to work on behalf of the state benefactor, much as a commercial broadcaster’s profit is achieved through its audience being put to work on behalf of advertisers. This thesis focuses on Al Jazeera English’s non-conventional expansion into the Australian market, helped along as it was by the channel’s turning point coverage of the 2011 Egyptian protests. This so-called “moment” attracted critical and popular acclaim for the network, especially in markets where there was still widespread suspicion about the Arab network, and it coincided with Al Jazeera’s signing of reciprocal broadcast agreements with the Australian public broadcasters. Through these deals, Al Jazeera has experienced the most success with building a broadcast audience in Australia. After unpacking Al Jazeera English’s Egyptian Revolution “moment”, and problematising the concept, this thesis seeks to formulate a theoretical framework for a news media turning point.
    [Show full text]
  • Intelligence Community Whistleblower Protections
    Intelligence Community Whistleblower Protections Updated June 22, 2021 Congressional Research Service https://crsreports.congress.gov R45345 SUMMARY R45345 Intelligence Community Whistleblower June 22, 2021 Protections Michael E. DeVine Intelligence community (IC) whistleblowers are those employees or contractors working in any Analyst in Intelligence and of the 18 elements of the IC who disclose their reasonable belief of a violation of law, rule, or National Security regulation; gross mismanagement; waste of resources; abuse of authority; or a substantial danger to public health and safety. The Director of National Intelligence (DNI) whistleblowing policy and guidance are publicly available and specifically address the process for making protected disclosures and identify whistleblower protections for IC contractors, members of the Armed Forces, and federal IC employees. IC whistleblower protections have evolved in response to perceptions of gaps that many observers believed left whistleblowers vulnerable to reprisal. The first whistleblower legislation specific to the IC, enacted in 1998, was limited to specifying a process for IC whistleblowers to make a complaint but offered no specific protections. Subsequent legislation, enacted in 2010, included only general provisions for protecting IC whistleblowers with no additional guidance on standards for implementation. Presidential Policy Directive (PPD)-19, signed in 2012, provided the first specific protections against reprisal actions for making a complaint. The Intelligence Authorization Act for Fiscal Year 2014 codified these provisions, which were further supported by IC implementation policy. In early 2018, Congress passed legislation to address perceived gaps in protections for IC contractors. Other provisions in Title 10 of the U.S. Code, along with DOD implementing guidance, provide protections for members of the Armed Forces, including those assigned to elements of the IC.
    [Show full text]
  • (For Margaux) .Pages
    COMEBACK COVERAGE: THEMATIC CONTENT IN THE NEWS MEDIA’S REPORTING ON DONALD TRUMP’S ATTACKS ——————————————————————————— A Thesis presented to the Faculty of the Graduate School at the University of Missouri-Columbia ——————————————————————————— In Partial Fulfillment of the Requirements for the Degree Masters of Arts ——————————————————————————— by STEN SPINELLA Professor Tom Warhover, Thesis Supervisor MAY 2019 The undersigned, appointed by the dean of the Graduate School, have examined the thesis entitled COMEBACK COVERAGE: THEMATIC CONTENT IN THE NEWS MEDIA’S REPORTING ON DONALD TRUMP’S ATTACKS presented by Sten Spinella, a candidate for the degree of master of arts, and hereby certify that, in their opinion, it is worthy of acceptance. ________________________________________________ ______________________________________ Associate Professor Tom Warhover ______________________________________ Associate Professor Tim P. Vos ______________________________________ Associate Professor Ron Stodghill ______________________________________ Associate Professor Ben Warner ACKNOWLEDGEMENTS Neither this thesis nor my graduation would be possible without the guidance, criticism, and humor of Professors Ron Stodghill, Tom Warhover, and Tim Vos. Other than these three men, my mother and the music I love are the only other reasons I was able to complete this thesis. From my core, thank you. ii TABLE OF CONTENTS ABSTRACT iv CHAPTER 1: INTRODUCTION & LITERATURE REVIEW 1 CHAPTER 2: METHODS 16 CHAPTER 3: FINDINGS 24 CHAPTER 4: DISCUSSION 94 BIBLIOGRAPHY 102 INDEX 108 iii Abstract This thesis is informed by gatekeeping and frame-building theories. It uses straightforward textual analysis to determine what forms of thematic content are repeated in coverage from The New York Times, The Washington Post, and CNN of President Donald Trump’s attacks on the outlets. The thesis applies the textual analysis of 24 stories responding to Trump’s attacks — eight CNN stories, eight Washington Post stories, and eight New York Times stories.
    [Show full text]
  • OPC, Coalition Sign Pact to Boost Freelancer Safety
    THE MONTHLY NEWSLETTER OF THE OVERSEAS PRESS CLUB OF AMERICA, NEW YORK, NY • February 2015 OPC, Coalition Sign Pact to Boost Freelancer Safety By Emma Daly and the freelancers who Diane Foley, mother of the late are assuming an ever- freelance reporter James Foley, was greater burden in cover- guest of honor at a panel discussion ing dangerous stories, to launch “A Call for Global Safety the panelists see these Principles and Practices,” the first principles as a first step industry code of conduct to include toward greater responsi- media companies and freelancers bility and accountability in an attempt to reduce the risks to by both reporters on the those covering hazardous stories. ground and their editors. The guidelines were presented to an “I am deeply proud Rhon G. Flatts audience of journalists and students of the OPC and the OPC David Rohde of Reuters, left, and Marcus Mabry during two panel discussions held at Foundation’s part in this speak to students and media about a the Columbia University School of long overdue effort,” new industry code of conduct. Journalism’s Stabile Student Center Mabry said. Shehda Abu Afash in Gaza. on Feb. 12 and introduced by Dean Sennott flagged the horrific mur- By the launch on Thursday al- Steve Coll. der of Jim Foley as a crucial moment most 30 news and journalism orga- The first panel – David Rohde in focusing all our minds on the need nizations had signed on to the prin- of Reuters, OPC President Marcus to improve safety standards, despite ciples, including the OPC and OPC Mabry, Vaughan Smith of the Front- efforts over the past couple of de- Foundation, AFP, the AP, the BBC, line Freelance Register, John Dan- cades to introduce hostile environ- Global Post Guardian News and Me- iszewiski from the AP and Charlie ment and medical training, as well dia, PBS FRONTLINE and Thom- Sennott of the Ground Truth Project as protective equipment and more af- son Reuters.
    [Show full text]