Committee: Social, Humanitarian, and Cultural Committee

Topic: Freedom of expression for journalists

Student Officer: Hyunjin Cho

Position: President of Social, Humanitarian, and Cultural Committee

Introduction

‘Journalism, in modern society, means the activities involving gathering, analyzing, creating,
and distributing news, information, and related commentary. It is a subsector of
‘communication’, which is a more comprehensive concept of expressing one’s thoughts to
another through verbalism, writing, or specific symbols. As human society developed, social
interaction and the life between people became more complex, and such diversity made it
impossible for an individual member of society to gather every new information. This
problem led to the advent of specialized organizations that collect and report current social
events.

The democracy of a nation is often said to be reflected through the indicators representing
the freedom of journalism. Journalism has an important role in sharing events and
information that occurred between people, and they provide the platform for the voices of
people to be heard. At a national level, another vital duty of journalism is to hold in check the
powers by publicizing and criticizing their acts. This enables the people to make de facto
decisions, which prevent leaders from abusing one’s granted power or making arbitrary
decisions on a problematic matter.

Within world societies, the polarization of press freedom is growing, as evidenced by the
recent extreme events. In Myanmar, the military coup of 2021 made it one of the worst
countries for journalists. China has extended its information control model beyond its
borders, and currently, journalism in Hong Kong lost its autonomous control despite the fact
that it is a semi-autonomous region. On the other hand, according to the World Press
Freedom Index 2022 published by Reporters Without Borders, the number of nations above
the satisfactory level has been in general increase. These two opposite trends imply that the
advanced nations are leaving behind those in a vulnerable state, causing them to develop
into extreme. It is alarming that such a trend may lead to the global decline of democracy.
When polarization intensifies, it is inevitable to face the situation in which democratic nations
form bonds excluding the others. Eventually, it would affect the other agendas, such as the
economy and diplomacy.

The international community has already been aware of this for decades, but the main
reason why the agenda has not seen significant progress is that it has been regarded that
the solution is highly dependent on individual governments and that there is a certain limit for
international organizations to mediate. However in the past few years without active
intervention, the freedom of journalists has become more vulnerable. The world is now in
need of a more effective and feasible solution.

Definition of Key Terms

Censorship

Censorship in the means of journalism refers to a system in which an authority limits or

suppresses the products created by journalists that are considered a threat to national
security or content that has the potential to negatively impact society. For certain countries
and those under dictatorship abuse censorship to maintain their own power and system, by
preventing information disadvantageous from being released to the public.

Reporters without Borders (RSF)

RSF (Reporters Without Borders) is one of the biggest non-governmental organizations

founded in 1985, with headquarters in Paris. It has been operating to defend the rights to
have access to reliable information and for the independence of journalism. They are in
active actions, which include; gathering information about journalists in vulnerable situations,
releasing reports, creating their own news, and operating initiatives to modify international
law.

Committee to protect journalists (CPJ)

The committee to protect journalists (CPJ) is an independent, non-governmental

organization that is operating to protect press freedom. The organization is headquartered in
New York City, with 13 more quarters spread around the world. One of their major
contributions to press freedom is their data showing press freedom violations, and the
specific number of journalists imprisoned or killed. They are also active in journalism-hostile
repressive countries and conflict zones, supporting journalists and media staff by providing
safety and security.

Freedom of Expression

On top of press freedom, the basic human right of holding opinions and expressing them
lies. Article 10 of the Universal Declaration of Human Rights clearly states the freedom of
expression, and it includes every single person on earth. In this logic, the freedom of
expression for journalists must apparently be secured. However, it has been controversial to
the degree of limiting the freedom of expression for public good.

Defamation Laws

Defamation in law means ‘the act of communicating to a third party with false statements
about a person that results in damage to that person’s reputation’. This law clause is
sometimes being abused to journalists, by claiming that their legally justified work has
damaged the accuser’s reputation. Although it is without any legal merit, defamation lawsuit
is considered as a major legal threat to journalists as it involves both financial and physical
hardship.

Self-Regulation

Self-regulation refers to the guidelines of the professional journalistic community. This

independent system is not conducted through any other authorities. Before releasing any
production or reportings, most presses go through their self-regulatory process to secure
accuracy and to ensure it does not cause any social disturbance. It makes the press
independent and allows journalists to carry their responsibility for journalism.

Strategic Lawsuits Against Public Participation (SLAPP)

Strategic Lawsuits against public participation, commonly known as ‘SLAPPs’, refers to the
form of persecution through abusive court proceedings. They continued to be used as a tool
to silence and penalize journalists expressing their opinions or reporting on issues of public
interest. SLAPP filers attend the court intended to intimidate the target, by burdening them
with a high amount of financial and emotional damage for a legal defense. Since the lawsuit
usually takes years and requires money that is almost impossible to afford as an individual, it
indirectly forces journalists to silence themselves, apologize, or correct statements.

Media capture
Media capture occurs when the news media is controlled by special interest groups, which
can be both state and non-state groups. It most commonly happens by political leaders and
media owners being in a mutually corrupting relationship. When this happens, the news
unfavorable or critical to certain groups is prohibited, regardless of the effort of journalists
trying to publicize such information.

Media pluralism

Media pluralism relates to the diversity of opinions and voices on media platforms. It is
essential to freedom of expression and journalism as it contributes to an informed society
where different opinions can be embraced. When the availability and accessibility of diverse
information are guaranteed, it creates a general atmosphere for citizens and journalists to
freely show their thoughts, ultimately leading them into an active democratic debate in an
informed way. The data regarding media pluralism is often gathered by non-governmental
organizations and international organizations. The European Union (EU) is a great supporter
of media pluralism, and they gather and provide the most amount of data in the world,
actively cooperating with organizations. Center for Media Pluralism and Media Freedom
(CMPF) releases an annual report on Media pluralism titled “Media pluralism monitor”, which
provides the status quo of 32 European countries.

Background Information

History of the development of press freedom

An essential concept of the history of press freedom that predates the First Amendment is
the freedom to criticize the government. As a major case, there is a precedent of a publisher
of the New York Weekly Journal being tried for seditious libel, because the report was critical
of Governor William Cosby. Even after the First Amendment was ratified, Congress passed
the Sedition Act of 1798, which justified the prosecution of those who criticized or ridiculed
the presidency. The outcome raised consciousness about the importance of journalism, the
freedom to criticize the government.

Journalism as a profession grew in the 20th century. This trend was enabled by several
reasons; the increase of organization for journalists, starting of specialized education for
journalism, and the development of new techniques of mass communication. These factors
led journalists to develop a sense of social responsibility.
‘England’s chartered Institute of Journalists’, founded in 1883, is known as one of the earliest
professional organizations for journalists. In the early 20th century, ‘American Newspaper
Guild’ was organized in the United States in 1933, and ‘Fédération Nationale de la Presse
Française’ was formed in France. These independent organizations functioned as a trade
union and professional organization, purposed to protect press freedom and
professionalism.

The primary reason that such organizations formed lies in the concern for social
responsibility in journalism and press freedom. The earliest newspapers during the period
were violently partisan in politics, and some regarded their social responsibility as supporting
their own party’s position and denouncing the opposition, since it was common for
newspapers to be funded by political parties. However, as specialized education enhanced
and responsible journalists appeared, such reports as that of ‘Royal Commission on the
Press’ (1949) in Britain and ‘A Free and Responsible Press’ (1947) by the Commission on
the Freedom of the Press in the United States, and ‘The American Society of News Editors’
founded in 1922 did much to stimulate the reform and the complete autonomy of journalism.

How press freedom is being suppressed

The suppression of journalism happens in various ways, but the most common form is the
persecution of the government-related authority. In several countries with communist
governments or extreme centralized authoritarian governments, most of the press is owned
by the state, and the journalists and press staff are government employees. For the
minorities of civil journalism, everything is processed under the surveillance of the
government, and the final production goes through rigorous censorship, which makes the
press impossible to function properly. For the government-owned press, in extreme, the
prime function of the press to report the news is combined with the duty to support the
national ideological system, and sometimes takes the role of announcing the present
condition of the government. It is unlike the general state-owned broadcasting company,
because governments usually operate an official broadcast, and utilize the other outlets for
similar purposes, which some people believe that it is an independent journalism.

Journalists have continued to be sentenced to prison for their work. As of 31 December

2021, 56 journalists were reported as imprisoned, including 34 in Türkiye, seven in the
Russian Federation, ten in the Russian-controlled Crimean region of Ukraine, four in
Azerbaijan, and one in the United Kingdom. Criminalization has been a common way to
persecute journalists, which includes the law on defamation, insult, and public insecurity. For
instance, Gazeta Wyborcza in Poland and Index. hr in Croatia each faced around 65 active
defamation lawsuits in 2021. In Romania, journalist Ana Poenariu and the Rise Project, a
community of journalists, programmers, and activists investigating corruption and organized
crime, had been asked to pay 488,000 euros in damages.

Lobbying and media capture of certain interest groups have arisen as a threat to press
freedom recently. The two concepts have differences in the authority the interest groups get
by having a connection. The press still owns the autonomy to make decisions when they are
lobbied, but media capture enables them to take direct control over editorial positions.
Russia, Azerbaijan, and Türkiye have practiced media capture, by establishing a media
propaganda sector made up by the state, and dominating the commercial companies as
well, as reported in 2021.

Current situation of press freedom

Press Freedom Index 2022, published by the Reporters without Borders

As it was mentioned in the introduction, the polarization of press freedom has become
severe. While the situation of Europe and Oceania steadily continues to improve, meanwhile
more than ⅔ of the world currently remains below the satisfactory level.

Several extremes that happened in Asia seem to account for such a result; the military coup
in Myanmar, the seizure of the Taliban in Afghanistan, the absolute control of information in
the Democratic People’s Republic of Korea, the extension of media control of China, and the
strengthened grip of Vietnam and Singapore to the press. Also, the media has faced
pressure in countries considered more liberate, such as India, Sri Lanka, and the
Philippines. The effect of uniquely large industrial groups in the Republic of Korea and Japan
has also made an impact.

The Latin American countries compose the lowest level of press freedom. Besides
censorship, journalists are vulnerable to physical dangers, such as murders and attacks. In
El Salvador, President Nayib Bukele instigated attacks and threats against journalists who
criticized his authority and forced changes in laws about journalism. There are countries at a
serious level, in which journalists are directly threatened with murder in a return for their
expression, and this could be evidenced in Mexico, where at least seven journalists were
murdered in 2021.

COVID pandemic also accelerated the problem globally. In order to eradicate news
spreading false information and to facilitate preventive measures against the virus,
censorship has risen. It was indeed a necessary action, but the after-effects were
unavoidable.

Possible solutions

Supporting and cooperating with NGOs

Non-governmental organizations are one of the most active supporters of journalists and
reliable advisors of the United Nations. Not only the UN, but it includes other official
organizations like the Council of Europe as well. While close cooperations have already
been carried out, there is a need for more.

The United Nations has not yet provided sufficient support in the actual field, so NGOs take
most of the operations. As the UN Plan of Action on the Safety of Journalists and the Issue
of Impunity has been conducted, another direct operation can be made in collaboration. In
this way, the burden of NGOs can be reduced by fairly allocating them. The UN could merge
the research systems of each organization for more extensive data on press freedom, or by
gathering information in need collectively. Indirect support such as financial aid or human
resources should also be considered.

Making a new international statement/treaty

Another obstacle to this issue is the fact that the actual implementation is dependent on
individual nations, and therefore it is crucial to engage those nations to action. A treaty or
official statement can be an effective solution. It assigns the responsibility to reconstruct their
systems, or at least attempt to improve the field. The treaty can be in diverse forms. For
example, it can be permanent, on goal achieving, and the goals could be either gradual or
set in a long term.

Establishing UN guidelines and protocols for the actual implementation

Especially for developing countries with less experience, implementing the

UN-recommended measures may not be possible. UN official guidelines created by the
nations with more sophisticated systems can help them out in embodying it. With the
presence of an unified guideline, a solid standard would be set, which also benefits the
NGOs and more developed nations to address this issue.

The guideline or protocol should include suggestions made to individual governments,

mentioning specific processes or methods needed to implement measures. However, the
protocols have to be on the degree of recommendation, not enforcing them.

Major parties involved

United States of America

The United States has advocated for press freedom, and continuously addressed the issue
in the UN. However, its reputation has been eroded with the increase of violations.

Most of the major media in the United States operate independently from government
interference, and several outlets are owned by wealthy individuals. But while it generally
shows the diverse media landscape, there has been a significant decrease in local news in
recent years. It may lead to a vicious cycle, in which local journalists move to major outlets
because of the decreased chance of their careers. When this cycle is repeated, it may result
in serious polarization of media, tilted to those in the capital.

After a striking decrease in press freedom during the Trump administration, President Biden
has put the effort into recovering the global status as a model of freedom of expression, thus
reinstating regular White House and federal agency press briefings. However, there is still a
concern this issue is not being addressed by the authorities sufficiently.

There are unprecedented levels of distrust in the American media recently. It is reckoned to
be caused by the prevalence of disinformation, and the exhaustion of recent major
journalism biased toward a certain political party.
People’s Republic of China

China is considered one of the worst environments for journalists. The majority of Chinese
media groups are state-owned and directly administered by the governmental authorities.
(Xinhua News Agency, China Central Television (CCTV), China National Radio (CNR), China
Daily, People’s Daily, and Global Times) The Propaganda Department of the Chinese
Communist Party conducts severe censorship and sends detailed instructions to all media
every day to inform editorial guidelines. Especially, China Global Television Network (CGTN)
and Radio China International (RCI) spread the regime’s propaganda all around the world.

The media’s main function in China is to impart state propaganda. Independent journalists
delivering critical or sensitive information offending the state are placed under severe
surveillance, jailed, and tortured. In extreme cases, independent journalists can also be
legally confined for six months under “Residential Surveillance at a Designated Location”
(RSDL), in which they are deprived of legal representation. Journalists in China must
download the ‘Study Xi, Strengthen the Country’ propaganda program, which is used to
collect personal data.

The constitution of China ensures the freedom of speech and that of the press, but the
regime violates the right to information with impunity. However, article 51 of the constitution
states to limit activities involving national interest.

China is also reaching out its influence to neighboring countries. As the Hong Kong national
security law passed in 2020, the press in Hong Kong also became the subject of the
jurisdiction of the Chinese government. Several major outlets have already ceased
publication, and the number is constantly increasing. Considering that Hong Kong has
played the role of a neutral state of press, foreign presses are also concerned if the
regulation would affect them as well.

Russian Federation

In Russia, all independent TV broadcasts have been banned since Russia invaded Ukraine
in February 2022. Some large-sized print media outlets which have belonged to the allies of
the regime that managed to preserve their independence also have had to suspend their
publications. Strict media censorship faces the outlets that have survived the regulation. The
government sets certain banned themes and words, and Western social networks are
gradually being blocked.
President Vladimir Putin has been isolating Russia from the outside world, since the start of
the pandemic. There are no prominent institutions left to keep in check the authority,
evidenced by the fact that the Russian parliament has now become the place for recording
decisions of the Kremlin. This absolute authority is an obstacle to addressing press freedom.

Censorship and the suppression of the freedom of journalists are mostly processed under
the title of ‘false information'. Many laws relating to defamation and disinformation are
abused to prosecute journalists and the invasion of Ukraine gave a new excuse for this.

Islamic Republic of Iran

The media of Iran is greatly controlled by the Islamic regime, which persecutes by means of
arbitrary arrests and heavy sentences. Similar to China, article 24 of the constitution
guarantees the freedom of speech, but the law was later amended to allow authorities to
make sure journalists do not publish reports endangering the Islamic Republic, which
offends the clergy and the Supreme Leader, and that spreading false information.

Ali Khamenei, the Supreme Leader of Iran, accuses the manipulation of independent media
by foreign powers. Himself alone, in the name of religion, has the power to arrest and
sentence journalists, and the system with a concentration of power seems to have
contributed to the deterioration of the freedom of journalists.

Republic of Türkiye

Despite the fact that Türkiye is a harsh environment for journalists, it has continuously shown
improvement every year. However about 90% of the media is under government control, and
the public has turned during the previous five years. The national media outlets spread
various political persuasions and the support of the administration. Since 2014, when Recep
Tayyip Erdogan was elected president, there have been 63 cases of journalists convicted of
“insulting the president". Also, the ‘hyper presidency’ has increased censorship and enforced
distortion of publications, intended to maintain the presidency from the recent failure of
economic decline. Journalists are often convicted under the terrorism law, usually involving
the charges of supporting illegal organizations.

European Union (EU)

EU and their member states have been aware of press freedom and media pluralism and
provided support to promote it. The general situation in most EU countries is stabilized, but
the Members of the European Parliament (MEPs) have constantly expressed concern about
the state of public media service in some nations. ‘Media pluralism’ is what the EU has
emphasized in recent years. A variety of initiatives to optimize the diversity of voices in
media are currently in process.

The Kingdom of Norway

Norway is one of the model nations leading the freedom of expression for journalists. Their
robust legal framework contributed to safeguarding the journalists. The media services are
diversified with nearly 230 news outlets operating, to the desirable way of ‘media pluralism’.

As a governmental measure, private outlets are ensured with extensive editorial

independence. The Norwegian politicians refrain words from “fake news” and from
disparaging the reporters. The publications subsidized by public bodies also operate in
harmony with private sectors, in mutual supplementation.

Democratic People’s Republic of Korea

DPRK, the nation going through the most dictative authoritarian regimes, journalists are
absolutely controlled by the government. As far as known, no single independent journalism
exists.

The only permitted news media of DPRK is ‘The Korean Central News Agency’, which
broadcasts the daily work of the Supreme Leader in the beginning, and then informs the
contents that praise the party and the military. A few foreign press agencies such as AFP
(Agence-France Presse) and Kyodo News are officially present in the country but operate
under severe surveillance.

United Mexican States

Mexico remains to be one of the world’s deadliest countries for the media. Journalists in
Mexico often encounter a direct threat against their opinions, due to the lack of
establishment of public security. The media concentration in Mexico is intense, which is
dominated by outlets named Telmex and Televisa. Therefore, the trend makes it impossible
for small independent media outlets to enter the market. It could be seen through the
instance of Organización Editorial Mexicana, which owns 70 Mexican daily newspapers, 24
radio stations, and 44 websites.

Although Mexico has a comparatively less censorship rate than the countries of similar
global status, President López Obrador has not yet undertaken the reforms crucial to cease
the violence against the press.
Republic of the Union of Myanmar

The military coup in February 2021 broke the effort to restore press freedom since the
previous military junta disbanded in 2011. The junta issued a list of media outlets banned,
including the Democratic Voice of Burma, which continued fighting from the 1990s, in
Norway. Almost no reliable outlets are left in Myanmar, and only the government-controlled
media are left. This also directly relates to the safety of protesters against the junta. As the
foreign outlets evacuated, the junta is in process of prosecuting those interviewed. Most of
the routes to inform the domestic situation to the international society remain blocked.

Timeline Of Events

Date Description of event

1766 December Freedom of the Press Act

The Swedish parliament passed legislation
that is recognized as the world’s first law
supporting the freedom of the press and
that of information.

1883 England’s chartered Institute of

Journalists
The first organization of journalists was
founded. It played the roles both as a trade
union and a professional organization.

1948 Universal Declaration of Human Rights

UDHR enumerates the freedom of
expression and press freedom as one of the
fundamental human rights.

1981 Committee to Protect Journalists

CPJ, one of the official consultants of the
United Nations, was founded.

1985 Reporters Without Borders

One of the largest NGO for press freedom
was established in France. Since then, it
 annually reports the degree of media
freedom of 180 countries.

1991 May The Declaration of Windhoek

A statement of free press principles was
made during a UNESCO seminar on
“Promoting an Independence and Pluralistic
African Press”, in Windhoek, Namibia.

1993 December World Press Freedom Day

The United Nations General Assembly
proclaimed 3rd of May as the World Press
Freedom Day.

2012~
UN Plan of Action on the Safety of
Journalists and the Issue of Impunity

The UN started a “Plan of Action program”

to support journalists, cooperating with
NGOs.

2021
Windhoek+30 Declaration on information
as a public good

At the UNESCO World Press Freedom Day

International conference held in Windhoek
Namibia, guidelines and recommendations
are made for organizations and
governments, to ensure public information
and press freedom.
UN Involvement, Resolutions, Treaties and Events

● 2013 UN General Assembly resolution on the safety of journalists and the issue of
impunity (A/RES/68/163)
● 2020 Human Rights Council resolution on the safety of journalists
(A/HRC/RES/45/18)
● 2021 Windhoek+30 Declaration on information as a public good (UNESCO General
Conference Resolution 41C.41)
● 2020 Human Rights Council resolution on the Freedom of opinion and expression
(A/HRC/RES/44/12)

The Human Rights Council is the UN body primarily responsible for the issue, but UNESCO
has also been involved in the issue since 1997, when the Director General condemned the
killing of journalists and created a report on the Safety of Journalists and the Danger of
Impunity to the International Programme for Development of Communication Council.

The Landmark Resolution

The recent landmark resolution on the issue of safety and suppression of press freedom was
written in 2013 in the General Assembly. It is considered a major resolution directly
addressing the issue. It has the primary meaning of the fact that the United Nations and
UNESCO made a commitment to constantly be aware and support the journalists. The
general idea and intention can be viewed through these two clauses;

“Calls upon States to promote a safe and enabling environment for journalists to perform
their work independently and without undue interference.”

“Condemns unequivocally all attacks and violence against journalists and media workers,
such as torture, extrajudicial killings, enforced disappearances, and arbitrary detention, as
well as intimidation and harassment in both conflict and non-conflict situations.”

Also, it proclaimed the 2nd of November as the International Day to End Impunity for Crimes
against Journalists, which is purposed to promote and gather the attention of all international
citizens on the issue.

UN Plan of Action on the Safety of Journalists and the Issue of Impunity

This program aims to create and ensure an independent and safe environment for journalists
and media workers, including the additional purpose to strengthen peace, democracy, and
the development of media worldwide. It takes the role of leading the establishment of a
coordinated inter-agency mechanism to support issues related, as well as assisting
developing countries in legislation and proper system suitable to freedom of expression and
journalism, and implementing existing international rules and principles. It also conducts
various campaigns to raise public awareness of press freedom and their safety, with the
cooperation of governments, media houses, professional associations, and NGOs.

The resulting of the program were adopted at a conference in September 2011, and
endorsed by the UN Chief Executives Board in April 2012, that “without freedom of
expression, and particularly freedom of the press, an informed, active and engaged citizenry
is impossible.”

This program is carried out with the support of the following UN agencies; Office of the High
Commissioner for Human Rights, UN Department of Public Information, United Nations
Development Programme, and United Nations Department of Political Affairs.

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