"This paper examines the current state of legal protections for journalists in China, focusing on the challenges they face and proposing comprehensive recommendations to enhance press freedom. It analyzes the historical evolution of these protections, the existing legal framework, and compares them
...
with international standards. Through case studies and statistical data, the paper highlights the systemic issues contributing to legal failures and harassment faced by journalists. The study concludes with actionable recommendations to reform legal frameworks, strengthen judicial independence, establish independent regulatory bodies, improve access to information, protect digital rights, and support journalist safety. By implementing these measures, China can foster a more open and free media environment, contributing to the country’s development and democratic processes." (Abstract)
more
"This chapter looks at the status of the freedom of the press, and the legal possibilities and obstacles that affect media’s ability to hold power to account and safeguard the principles of democracy. The legal environment in countries as diverse as the United States, Egypt, and Sweden differs gre
...
atly, and affects the ability of journalists to report news to citizens that enables them to take part in the public discourse, based on theories on the public sphere. And according to theories on democracy, informed citizens can be seen as a requirement for democracy. Thus, certain conditions are necessary for journalism to be considered the fourth estate, and arguments for this are based on comparing the working conditions for independent professional journalists by semi-structured interviews with local journalists. Aspects discussed are access to official documents, media’s right to protect anonymous sources and the increase in intimidatory tactics against reporters, as the three countries are in different ways applying laws in order to regulate the media and their ability to hold power to account." (Abstract)
more
"In the digital era, journalists are targeted with online abuse including serious threats of violence. These censorship tactics are a direct threat to media freedom. Although the UK Government intended to tackle online abuse of journalists in the Online Safety Act 2023, provisions fit for that purpo
...
se never materialised. This paper reveals why that was the case and what can be done about it. It finds that there is ongoing tension in the press industry about press regulation, with implications for journalist safety; that the Government carved out special privileges for the press’ online content but did not similarly protect journalist digital safety; that journalist safety was largely ignored in Parliament; and that repeated Government disintegration and shifting policies stripped away provisions that could have been improved to better protect journalists. This paper concludes with suggestions for how journalist safety can be better protected in the OSA regime." (Abstract)
more
"This study examined journalists' perceptions regarding the legal system's ability to protect them against online harassment. By utilizing open-ended survey responses from respondents with varying levels of trust in the legal system, the findings suggested a need for increased technical proficiency,
...
resources, and priority within the legal system to adequately address the issue. Additionally, a reciprocal relationship between the normalization of online harassment within the journalistic profession and the legal system's commitment to providing protection was identified. However, the study also found that when the legal system's mediated approach to online harassment is positive, it affects attitudes and norms relating to legal protection. Consequently, it reveals a unique insight into how journalists respond to the message conveyed by fair treatment and respect from the legal system. Notably, this result implies that when such messages are internalized, journalists feel more empowered to take measures against online harassment. As a result of this analysis, I propose that current laws should be implemented more effectively and that policy strategies should be developed to positively influence social norms and social control to bolster journalistic autonomy and freedom of speech in the digital age." (Abstract)
more
"Professional and liberal-oriented news media in Hong Kong have been under severe political pressure since the establishment of the National Security Law in 2020. Journalists now have to navigate a more dense and uncertain legal minefield. Self-censorship has intensified. This article argues that se
...
lf-censorship and other media responses can be better understood under the broader framework of risk culture. Drawing upon 43 in-depth interviews with journalists from 12 organizations, this article reconstructs how news organizations and journalists have developed methods to assess and manage risk and describes the characteristics of their risk assessment and management and the changing character of self-censorship. The emerging risk cultures have helped maintain organizational stability and journalistic professional identity. The concluding discussion elaborates on the implications of the analysis for understanding self-censorship and press freedom in Hong Kong, briefly compares Hong Kong’s situation with mainland China’s, and reflects on the possible development of risk cultures in other institutional contexts." (Abstract)
more
"The purpose of this report is to provide the first step towards a global overview of the weaponization of the law as a prominent threat to media freedom. In doing so, we offer a resource that can be used to empower those seeking to navigate the shifting legal environment and support those working t
...
o protect the continued coverage of the world’s most sensitive and critical issues – including corruption, organized crime, and human rights. This is also the first report of its kind to bring together substantial insights into these global legal trends from two significant constituencies: journalists from around the world, and media freedom experts. The report draws on global research conducted through the Tow Center for Digital Journalism, alongside the contributions of dozens of leading media freedom experts and the firsthand experience of nearly 500 journalists from the Thomson Reuters Foundation network, to identify and examine eight key legal threats to the profession. It provides a critical springboard into further research that might map in more detail the scale, nature, and geographic spread of these threats – essential to identifying how best to counter them. Nearly 50% of journalists in the Foundation’s alumni network who responded to a survey said that they or their media organisation were facing legal threats, illustrating the sheer scale of this war on journalism. The physical, emotional and financial consequences are enormous for journalists who are continually facing the risk of going to jail, being bankrupted, or repeatedly being dragged into court. Allowed to spread unchecked, the weaponization of the law will continue to curtail media freedom by hampering coverage of critical public interest matters, undermining accountability, and eroding trust in journalism – with catastrophic effects on democracies and freedoms globally." (Executive summary, page 8)
more
"The protection of journalists' rights is critical for the preservation of freedom of expression, the rule of law, and democracy. International organizations play a crucial role in ensuring the safety and well-being of journalists worldwide. This article examines the international legal framework th
...
at governs the protection of journalists, as well as the role of international organizations in promoting and enforcing these protections. It analyzes the work of organizations such as the United Nations, the Organization for Security and Cooperation in Europe, and the International Federation of Journalists in advancing the rights of journalists and combating impunity for crimes against them. The article also highlights the challenges faced by these organizations in a rapidly changing media landscape and the need for increased collaboration and coordination to address these challenges." (Abstract)
more
"The war in and against Ukraine has brought home the importance of accurate, trustworthy reporting — even from dangerous places. In mediation, particularly mediation arising from armed conflict, it is difficult to overstate the importance of accurate information to help mediate between claim and c
...
ounter-claim. The media, in particular journalists, including camera operatives, are the world’s eye in both national and international conflict zones. This essay discusses the legal protection of those courageous individuals and their equipment under international humanitarian law. The question of legal protection for journalists is essential to global access to reliable information. While the war in and against Ukraine has reminded us of this, it has been recognised as being of crucial importance for many years. Both the Review Committee’s Report to the ICTY’s (the International Criminal Tribunal for the former Yugoslavia) Prosecutor concerning the bombing of Belgrade by NATO forces during the Bosnian war and the ICTR’s (the International Criminal Tribunal for Rwanda) judgment in the so-called Media case raise the question whether it is reasonable to target media stations and personnel. It is essential to oppose these arguments. Intelligent and well-informed mediation of conflict depends upon the work of those who strive to accurately describe what is going on behind the fog of war. Attacks on the media and on their places of work often take place in murky circumstances. But I will argue that, even if media stations are also used for military purposes (dual use), they ought to be protected as civilian objects. Also, I will summarise ways to improve protection for the media before observing that compliance with existing laws seems to plunge in times of conflict." (Abstract)
more
"Journalists play an important role in promoting and facilitating the right to freedom of expression. To promote and facilitate freedom of expression effectively, they should be free to perform their duties without fear of reprisals, intimidation or harassment. Journalists should carry out their dut
...
ies in a legally safe environment. It has, however, been observed that journalists across the world are subjected to various human rights violations and abuses aimed at hindering them in performing their work. Journalists in Botswana also endure harassment and intimidation. One form in which this harassment manifests itself is through the use of sedition laws. In many countries these laws have been found to limit the right to freedom of expression unjustifiably. The legality of sedition laws has been considered by the courts of Botswana, where the High Court upheld their constitutionality. This note critically analyses the High Court's decision." (Abstract)
more
"There is a quickly increasing body of studies and reports on harassment and intimidation of journalists around the world. These series of acts have a chilling effect on media freedom and journalists’ freedom of expression. The research literature on the topic has mostly focused on intimidation an
...
d harassment of journalists – particularly sexual harassment of women journalists – or journalists’ experiences of online harassment, and the impact on press censorship. In this chapter, we contribute to the debate by exploring the nexus between the harassment of journalists and the protection mechanisms adopted by leading news media organisations, professional journalism associations and other institutions, and national governments. We then discuss the effects on democracy in the 18 countries participating in the 2021 Media for Democracy Monitor (MDM). Our findings indicate how legal support and protection mechanisms might enhance journalists’ capacity to realise the news media’s democratic role in practice." (Abstract)
more
"Human rights, the rule of law and democracy are interlinked and mutually reinforcing. Within the framework of international human rights law, the right to freedom of expression particularly stands out, as it constitutes a pre-requisite for the fulfilment of other fundamental rights. In this regard,
...
as ‘guardian of the rule of law’, the judiciary plays a particularly important role in guaranteeing the respect for the fundamental right to freedom of expression and its corollaries, access to information and the safety of journalists. To do so, however, judicial actors need to be well versed on freedom of expression challenges (both online and offline), and knowledgeable about the related international standards and regional jurisprudence. To share best practices and lessons learnt in this regard, this essay will be structured in two parts: first, it will discuss the crucial role of an independent judiciary in protecting the rights to freedom of expression and access to information, while falling under the obligation to act in full transparency itself. Second, it will present an in-depth analysis of the United Nations Educational, Scientific and Cultural Organization (UNESCO)’s Judges’ Initiative, presenting the concrete experience of a United Nations’ body engaging with its constituents. At the heart of this endeavor is the goal of enhancing the international human rights legal framework, by raising, in full cooperation with them, the knowledge an capacities of judicial actors from around the world on the need to protect and promote freedom of expression, access to information, and the safety of journalists to guarantee the respect for human rights, democracy, and the rule of law." (Abstract)
more
"This report provides a Europe-wide overview of lawsuits that are taken to stifle scrutiny and public debate on issues such as corruption, mismanagement of public resources, and human rights violations. Such lawsuits, known as strategic lawsuits against public participation (SLAPPs) are taken by pow
...
erful individuals in society not necessarily to win cases, but to drag their critics through legal processes that drain them financially and psychologically and ultimately prevent them from exercising their fundamental rights (including freedom of expression or freedom of assembly and association)." (Abstract)
more
"Strategic lawsuits against public participation, or SLAPPs, are lawsuits taken against media organizations or activists with the sole purpose of silencing them. They typically involve a huge disparity in resources and the claimant’s tactic is to use the lawsuit, or threat of a lawsuit, to divert
...
a journalist or media organization’s resources. Cases are reported in increasing numbers across Europe, Africa, Asia, and the Americas. The damage done by SLAPPs is far-reaching and curbing it is an imperative for media freedom. In many countries, law reform is critical but not the only response. This report discusses tactics that journalists, activists, and defense lawyers can use to defang SLAPPs, including setting up mutual insurance mechanisms, pooling resources, and advocating for changes to court rules. These measures strengthen the resilience of independent media outlets and, as a carefully targeted package, they can do much to alleviate the burden of defending SLAPPs." (Key findings)
more
"This toolkit on international standards for freedom of expression builds on these efforts, aiming to give a global scope to this endeavour. By reinforcing the knowledge and capacities of the judiciary, the toolkit effectively contributes to the implementation of the UN Plan of Action on the Safety
...
of Journalists and the Issue of Impunity, adopted by the UN Chief Executives Board in 2012 and recognized by the UN General Assembly in 2013. The Plan of Action aims to create “a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide”. It is our hope that this toolkit will be a useful tool for judges, public prosecutors, judicial training institutes, academics and judicial actors at large, so that respect for freedom of expression, public access to information, and the safety of journalists become an integral part of efforts to guarantee and promote human rights in our societies." (Abstract)
more
"Free speech and freedom of the media are essential to the functioning of democratic systems. However, recent decades have brought phenomena that pose a threat to media freedom. The author analyzed threats to media freedom and journalist’s security regarding resolution 2317 (2020) of the Parliamen
...
tary Assembly of the Council of Europe. All Council of Europe Member States must effectively guarantee the safety of journalists, create an environment conducive to freedom of the media and prevent the misuse of laws or normative provisions that may affect this freedom, without which there is no democracy. The right of journalists to protect their sources must be guaranteed; police violence against journalists must be condemned, and sanctions against any infringement of the freedom of the media must be dissuasive. Although it is only “softlaw”, the PACE resolution may inspire the Member States to take more effective measures in this regard." (Abstract)
more
"War journalism, by the nature of its work, is arguably one of the most dangerous professions in the world. Journalists working in conflict-prone areas are constantly exposed to the inherent threats of the battlefield. Over the period of time, there has been a number of attacks, assaults, and arrest
...
s upon journalistic profession who conduct reporting from conflict situations worldwide. What is more serious is that most of these attacks are deliberate in nature. The conflicting parties often fear the undeniable powers of word and image journalists spread. Under the current international regime, there is a number of normative frameworks which guarantees the protection of journalist operating in armed conflicts. However, there is a serious question regarding the adequacy and implementation of the available protection mechanisms. This paper is an attempt to study the current international framework which governs and protects the journalists operating in International and Non-International Armed Conflicts worldwide. Particular focus is given to the protection available under International Humanitarian Law. In addition, the paper clarifies the conditions in which journalists lose their protection and become legitimate targets. The paper also traces out the shortcomings within the current regime of International Humanitarian Law. Finally, the paper discusses some additional proposals that could enhance the safety of journalists in the field. The paper follows the qualitative method of research and uses both primary and secondary sources of information." (Abstract)
more
"This study examined the Libyan conflict which started in 2011 until now. In the same way, the study also focused on how Libyan journalists are fighting for media freedom, particularly in the context of the media laws in the new Constitution of 2017. Through focus group discussions were done with 40
...
Libyan journalists. The findings of the study indicated that some media laws did not conform to the international laws and UN treaties, which the Libyan Parliament Committee approved. Another finding of the study was that the journalists advocated for a change in the media laws so that they subscribe to the international law. In addition, the journalists also noted that the Constitution should guarantee press freedom. The journalists indicated that they receive threats if they publish stories critical of the governments or ISIS. They also suggested that their actions as journalists have not been sufficiently factored into the political science framework of the safety valve which may be playing the same role with the new democratisation process in 2021. In the context of these findings, the following recommendations were made: the new government should change Articles 35, 37, 38, 42, 43, 46 and 132 to conform to the international laws and UN treaties." (Abstract)
more
"The role of the Media to the growth and development of a democratic society cannot be overemphasized. Over the years, the media have served as a watch dog in every society, prompting the need for International and National legislation protecting the Right to Press Freedom. While attacks and threat
...
to traditional Media (Radio, Television, Newspapers, etc) is not new, the wide adoption of Information Communication Technology (ICT’s) and use of Online digital media has transcend such attacks from the physical milieu to Online domain. The paper adopts the Doctrinal research method to examine the concept of Press Freedom. It exposes the various forms of Online Harassment targeted at Online Media and Journalist. The paper assesses The National legal framework for the protection of Press freedom from online harassment, making recommendations in line with best practices adopted in some Jurisdiction. The paper seeks to educate the Government, International Organisations, the Media, and all relevant stakeholders of the Media industry in Nigeria." (Abstract)
more
"Reports by international organizations suggest that physical violence and threats against journalists and bloggers continued with impunity in Bangladesh, resulting in the country being ranked as 146 in the World Press Freedom Index 2018. Considering the increasing incidents of violence against jour
...
nalists and attacks on media freedom, this chapter specifically aims to shed light on Bangladeshi laws and policies, which are related to media freedom and to protect media from crime against journalists. Relying on Beata Rozumilowicz's concept of media reform and stages of media reform, the study urges that Bangladesh is in under the rule of democratic rule for years that symbolizes the primary transition stage. However, the enactment of statutes on digital media, access to information, defamation, and so on epitomize the pre-transition stage of the media reform concept. Hence, the study questions the legal and media structure of Bangladesh with the historical and document analysis of laws and policies." (Abstract)
more
"This chapter deals with lèse-majesté laws and their impact on the exercise of freedom of political expression and journalism from the perspective of international human rights law. In doing so, it addresses the chilling effects of the application of a particular crime of lèse-majesté, namely
...
defaming a head of state”, which are emphasized with historical and current examples from Turkey: a country that exemplifies the excesses in practice. Said excesses are assessed in light of the standards of freedom of political expression set by the case law of the European Court of Human Rights, which also demonstrates the excesses in other European countries and provides a comparative outlook. In conclusion, it is inferred that the mere existence of lèse-majesté crimes puts the rule of law at risk, thereby forcing journalists and other citizens alike to resort to self-censorship in violation of international human rights law as interpreted by the regional human rights mechanism." (Abstract)
more