14 09/2016 N°14 Democratic Information in an Age of Corporate Power Democratic Information in an Age of Corporate Power The Passerelle Collection The Passerelle Collection, realised in the framework of the Coredem initiative (Communauté des sites de ressources documentaires pour une démocratie mondiale– Community of Sites of Documentary Resources for a Global Democracy), aims at presenting current topics through analyses, propos- als and experiences based both on field work and research. Each issue is an attempt to weave together various contribu- tions on a specific issue by civil society organisations, media, trade unions, social movements, citizens, academics, etc. The publication of new issues of Passerelle is often associated to public conferences, «Coredem’s Wednesdays» which pursue a similar objective: creating space for dialogue, sharing and build- ing common ground between the promoters of social change. All issues are available online at: www.coredem.info Coredem, a Collective Initiative Coredem (Community of Sites of Documentary Resources for a Global Democracy) is a space for exchanging knowl- edge and practices by and for actors of social change. More than 30 activist organisations and networks share informa- tion and analysis online by pooling it thanks to the search engine Scrutari. Coredem is open to any organisation, net- work, social movement or media which consider that the experiences, proposals and analysis they set forth are building blocks for fairer, more sustainable and more responsible societies. Ritimo, the Publisher The organisation Ritimo is in charge of Coredem and of publishing the Passerelle Collection. Ritimo is a network for information and documentation on international solidarity and sustainable development. In 90 locations throughout France, Ritimo opens public information centres on global issues, organises civil society campaigns and develops awareness-raising and training sessions. Ritimo is actively involved in the production and dissemination of plural and critical information, by means of its website: www.ritimo.org Multinationals Observatory The Multinationals Observatory aims to provide independent online news resources and in-depth investigations on the social, ecological and political impact of French transnational corpora- tions, in a way that is useful for the action of civil society, MPs, businesspeople and communities. The website is published by Alter-médias a French non-profit organisation that also runs the news website the news website Basta! www.multinationales.org Contents Introduction 8 OLIVIER PETITJEAN THE «RIGHT TO KNOW» UNDER THREAT 12 EU Trade Secrets Directive: Companies Granted New Rights to Secrecy 13 COLLECTIF Freedom of Information - Really? 19 Blowing the Whistle: Don’t Shoot the Messenger! 22 GLEN MILLOT, SCIENCES CITOYENNES SLAPPs – How to Intimidate Critics and Censor Free Speech 28 Under the Influence 29 RITIMO Happy Families 30 “This link between advocacy and journalism is older than many of us think.” 34 INTERVIEW WITH ANYA SCHIFFRIN TRANSPARENCY & REPORTING 39 What Can We Learn From “Sustainable Development” Reports? 40 MARTIAL COZETTE, CFIE Country-by-Country Reporting: Fifty Shades of Transparency 46 LUCIE WATRINET, CCFD-TERRE SOLIDAIRE How big is BP? Using Open Data to map transnational corporations 51 European Union: is Transparency Enough to Restrain Lobbyists? 53 OLIVIER HOEDEMAN, CEO Behind all the Rhetoric, What is the Real Stance of Companies on Climate Issues? 58 Corporate Welfare: Crying Out for Transparency 59 5 Contents Eco-labelling, Advertising and Greenwashing: Battling for the Right to Reliable Information 61 ON THE INSIDE 64 Companies, Information, and the Public Interest: Can Unions and Civil Society Join Forces? 65 OLIVIER PETITJEAN, MULTINATIONALS OBSERVATORY The Public Services International Research Unit 71 Working Conditions and Workers’ Rights: Social Dialogue on the Line in France 72 IVAN DU ROY, BASTAMAG “It pays for companies to be transparent with both employees and NGOs.” 75 INTERVIEW WITH BERNARD SAINCY COUNTERPOWERS 80 A Swiss Perspective on Injustice 81 GÉRALDINE VIRET, PUBLIC EYE SOMO, a Resource Centre on Transnational Corporations in the Netherlands 87 SOMO Business and Human Rights: The Failure of Self- Regulation 95 ERIKA GONZÁLEZ, JUAN HERNÁNDEZ ZUBIZARRETA AND MÓNICA VARGAS The Permanent Peoples’ Tribunal (PPT), an International “Opinion Tribunal” 100 The Annual Report, Through the Lens of Civil Society 106 Cetim: Getting the UN to Take Action on Corporate Human Rights Abuses 107 MELIK ÖZDEN, CETIM Ejolt, Mapping Environmental Justice 111 The Business and Human Rights Resource Centre 112 Mirador: Deciphering Multinational Corporations 116 BRUNO BAURAIND, GRESEA 6 Contents Targeting Multinationals and their Destructive Projects by Tracking the Financial Institutions that Fund them 120 LUCIE PINSON, AMIS DE LA TERRE AND YANN LOUVEL, BANKTRACK How to Get Big Brands to be Accountable for Global Supply Chains: The Role of Information 126 Public Interest Watchdog Groups: Empowering Citizens to Make Informed Decisions about Technology 129 FRÉDÉRIC PRAT, INF’OGM Overview of “Public interest watchdog groups” in France 132 The Importance of Independent Expert Opinions: Three Examples 134 OLIVIER PETITJEAN, MULTINATIONALS OBSERVATORY Assessing “Societal Costs” in Order to Choose the Economic Models of Tomorrow 138 CHRISTOPHE ALLIOT AND SYLVAIN LY, LE BASIC Recent issues of the Passerelle collection 143 7 INTRODUCTION Introduction: The Challenge of Information in a Time of Corporate Power OLIVIER PETITJEAN t seems obvious that without information, democracy cannot exist. It’s impossible to imagine modern democracies without the free flow of ideas, without press freedom or open discussion and debate, without regulations Ithat force political leaders to be accountable for their actions (however partial and imperfect this accountability might be in practice). Yet we live in a time where the emergence of new forms of power – economic powers – are making their mark, and are having an increasing influence on our lives and our societies. The mounting power of transnational corporations is particularly symbolic and the most striking manifestation of this reality. Various factors have contributed to the rise of these global corporations, including the financialisation and globalisation of the economy, technological change, the hegemony of neoliberal ideology, and the relative weakening of state power (or the failure of states to fulfil their responsibilities). In a democracy, all forms of power need counter-powers – yet the forces that could potentially counterbalance the power of these corporate heavyweights (unions, public authorities and civil society) seem weaker than ever. Do we have enough information to confront these new powers, which affect so many areas of our lives, and impact on so many issues of public interest, and which are so powerful and influential that they can no longer be considered as merely “economic”? Obviously not. The media are structurally geared towards political power. They tend to overlook economic power despite the fact that it is playing an increasingly decisive role in our lives. And yet the frightening reality is that these economic powers are influencing and transforming – or 8 INTRODUCTION perverting – political power, so that decisions are no longer being made only in public assemblies but also out of the public eye, in corridors and offices where lobbying activities go on. The growing influence of corporate power can also undermine civil liberties and freedom of speech, which are the foundations of political democracy. In some countries there is even pressure on public author- ities to silence those opposed to certain corporate developments. In many ways, as we shall see below, lack of information is intrinsic to corporate power in its current form. This is why there are so many and often irrational fears and fantastical views of transnational corporations as some kind of dark force, which sometimes slide into conspiracy theories. In such a context, providing independent information on TNCs is also a way to bring back a bit of rationality into the discussion. Only anti-democratic forces, such as the far right, can thrive off the absence of information and genuine political discussion. Too little information on TNCs despite a desperate need for it Why is there so little relevant and democratically-useful information on TNCs given the reality of their power and how important the issues at hand are? This is due to a number of reasons: • Firstly, though their power is very real, it is not always perceived as such because it does not fit into traditional distinctions between politics and business, between public and private. As previously mentioned, this power is wielded outside of the public eye, across jurisdictions, and is often out of reach of citizen oversight and other traditional countervailing powers, making it even more difficult to grasp. • In addition, multinational corporations are by definition present in a number of countries, which are often situated at opposite ends of the globe. The lan- guage barrier and the geographical distance are two very concrete issues that contribute to making to making it difficult to ascertain what is happening on the ground on the other side of the world. It is often difficult even for unions working for the same corporation in different countries to communicate and share information due to constraints on time and resources. The same goes for the different