Journalism

Journalism

This Module explores how the practice of journalism has been defined and protected by international and regional law and bodies, from the rejection of licensing to the protection of journalistic sources, and including self-regulation. Many of the readings also address the impact of the digital revolution on journalism and present the conflicts on such questions as to who is a journalist.

10 items found, showing 1 - 10

Whistleblowers

Author: Stephen Martin Kohn
Media Type Icon

The chapter on Legal Principles in Whistleblower Laws provides the basic legal principles surrounding protection of whistleblowers in USA.

Stephen M. Kohn. Concepts and Procedures in Whistleblower Law. Westport, CT: Quorum Books, 2001.

Author: Columbia Global Freedom of Expression, Dirk Voorhoof
Media Type Icon

In this segment of the MOOC 'Freedom of Expression in the Age of Globalizationcreated by Columbia Global Freedom of Expression, Dirk Voorhoff illustrates by referring to some judgments how the European Court have succeeded to protect whistleblowers, to protect investigative journalists, to protect sources of journalists, also in areas which are normally considered very sensitive and very difficult to create transparency.

Author: UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression
Media Type Icon

"This Joint Declaration addresses systematic or targeted attacks on freedom of expression which are aimed at silencing certain perspectives or voices, whether internationally, nationally or locally, and State responses to such attacks. Such attacks are perpetrated in different contexts, including of international and non-international armed conflicts, terrorist attacks and widespread organized crime."

UN, OSCE, OAS and ACHPR Special Rapporteurs for Freedom of Expression. Joint Declaration on Freedom of Expression and Responses to Conflict Situations, May 4, 2015.

Author: UN and OAS Special Rapporteurs for Freedom of Expression
Media Type Icon

"In light of ongoing developments related to the release of diplomatic cables by the organization Wikileaks, and the publication of information contained in those cables by mainstream news organizations, the United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression and the Inter-American Commission on Human Rights (IACHR) Special Rapporteur for Freedom of Expression see fit to recall a number of international legal principles. The rapporteurs call upon States and other relevant actors to keep these principles in mind when responding to the aforementioned developments."

UN and OAS Special Rapporteurs for Freedom of Expression, Joint Statement On WikiLeaksJune 21, 2010.

Author: Centre for Human Rights at University of Pretoria, Pansy Tlakula
Media Type Icon

In this segment of the MOOC 'International and African Legal Framework on Freedom of Expression, Access to Information and the Safety of Journalists' developed by the Centre for Human Rights, University of Pretoria with the support of UNESCO, Pansy Tlakula explains standards on protections of sources and whistleblowers.

This segment is part of Module 3 of the MOOC: The safety of journalists and the issue of impunity.

Promoting dialogue between the European Court of Human Rights and the media freedom community

Author: European Centre for Press and Media Freedom
Media Type Icon

"The European Centre for Press and Media Freedom with the support of Council of the Europe (CoE) organised the conference “Promoting dialogue between the European Court of Human Rights and the media freedom community. Freedom of expression and the role and case law of the European Court of Human Rights: developments and challenges”. The three key themes of this conference were: (1) defamation, privacy and the processing of personal data, (2) investigative journalism in relation to newsgathering, access to official documents and the importance of the protection of sources and whistleblowers, as well as (3) the right to protest and the role of the media during protests. The conference resulted in fruitful discussions of the ECtHR’s recent case law relating to freedom of expression, media and journalism. The keynote speakers, the moderators, the speakers and participants played a crucial role on the productive dialogue between judges and civil society. These discussions have been collected and presented in this conference e-book in form of conclusions. In addition, unedited speeches and presentations of the speakers are incorporated in this publication. The conference was broadcast live and video links to all speakers’ presentations are included as well. Lastly, a summary of social media coverage is also integrated."

European Centre for Press and Media Freedom (ECPMF), Promoting dialogue between the European Court of Human Rights and the media freedom community, Conference e-book, 2017.

Author: Dominika Bychawska-Siniarska
Media Type Icon

This is a a handbook for legal practitioners on protecting the right to freedom of erxpression under the European Convention on Human Rights. The chapters  are: 1: General consideration on Article 10; 2: Duties under Article 10; 3 Unprotected speech-hate, speech, incitement to violence; 4: The system of restrictions within the exercise of the right to freedom of expression; 5: Limitations due to "public" reasons; 6: Freedom of expression and reputation; 7: Rights of others; 8: Freedom of expression and the media; 9: Freedom of expression and new technologies.

Dominika Bychawska-Siniarska Bychawska-Siniarska Protecting the Right to Freedom of Expression under the European Convention on Human Rights: a handbook for legal practitioners (Strasbourg, Council of Europe Publishing, 2017).

Author: Richard G. Fox
Media Type Icon

This article constitutes a basic reading to understand the concept of whistleblowing and the need to afford protection to them in a modern democratic age. It also analyses the laws relating to whistleblower protection in various countries, including USA and Australia.

Fox, Richard. "Protecting the Whistleblower" [1993] AdelLawRw 6; (1993) 15 Adelaide Law Review 137.

Author: UN Special Rapporteur David Kaye
Media Type Icon

“Drawing on international and national law and practice, the Special Rapporteur highlights [in his report (A/70/361)] the key elements of a framework for the protection of sources and whistle-blowers.”

UN, Human Rights Council. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye. Report on the the protection of sources of information and whistle-blowers. A/70/361.8 September 2015.

Author: Dirk Voorhoof
Media Type Icon

"Article 10 of the European Convention of Human Rights has become a crucial instrument to stimulate and compel the national authorities of the 47 member states not only to abstain from interferences restricting media freedom and investigative journalism, but also to promote transparency, media pluralism and internet freedom. This paper explores some of the characteristics and developments of the European Court’s case law regarding media, journalism, internet freedom, newsgathering, whistleblowing and access to information. The perspective of the analysis is that effectively guaranteeing the right to freedom of expression and information helps developing the quality of democracy, the protection of other human rights and ultimately contributes to realise a more sustainable, and hence a better, world to live in"

Dirk Voorhoof, The Right to Freedom of Expression and Information under the European Human Rights System: Towards a more Transparent Democratic Society (EUI RSCAS; Centre for Media Pluralism and Media Freedom, 2014/12) http://diana-n.iue.it:8080/handle/1814/29871