"Open-source intelligence gathering and analysis (OSINT) techniques are no longer predominantly the remit of private investigators and journalists. An estimated 80-90% of data analysed by intelligence agencies is also now derived from publicly available material. Additionally, the massive expansion
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of the internet and, in particular, social media platforms, have made OSINT increasingly accessible to civilians who simply want to trawl the Web for information on a specific individual, organisation or product. In May 2018, the European Union’s General Data Protection Regulation (GDPR) was implemented in the UK through the new Data Protection Act, intended to secure personal data against unjustified collection, storage and exploitation. This document presents a preliminary literature review of work related to the GDPR and OSINT, which was collated as the basis for an as-yet-unpublished study evaluating the effects of the GDPR on OSINT capabilities in the UK. The literature reviewed is separated into the following six sections:‘What is OSINT?’,‘What are the risks and benefits of OSINT?’,‘What is the rationale for data protection legislation?’,‘What are the current legislative frameworks in the UK and Europe?’,‘What is the potential impact of the GDPR on OSINT?’, and ‘Have the views of civilian and commercial stakeholders been sought and why is this important?’. As OSINT tools and techniques are accessible to anyone, they have the unique capacity for being used to hold power to account. It is therefore important that new data protection legislation does not impede civilian OSINT capabilities." (Abstract)
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"Open-source intelligence (OSINT) gathering and analysis techniques are used by investigators from a variety of fields, owing to their accessibility and exceptional capacity for corroboration. It has previously been argued that proposed data protection legislation can chill the free press, but there
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have been no studies assessing the effect of such reforms on more general OSINT capabilities. European Union’s General Data Protection Regulation (GDPR) was implemented in the UK through the 2018 Data Protection Act (DPA) to protect personal data against exploitation. This study surveyed 16 OSINT gathering and analysis practitioners across public and private sectors to determine firstly, what, if any impact the implementation of the GDPR/DPA have had on their ability to successfully operate as OSINT analysts and secondly, if they have noticed any subsequent changes in UK public perception around issues of the surveillance state and digital privacy. I argue that this initial survey shows that the GDPR is merely a first step in establishing societal expectations and regulations around digital privacy. While some changes to OSINT practice have been reported, to date few substantive changes to OSINT methods or analysis resulted or seemed poised to take effect, one year after the advent of the GDPR/DPA." (Abstract)
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"This study will contain an analysis on the international and regional standards in the field of freedom of expression, as stipulated in the United Nations conventions and in the European Convention of Human Rights. Further we will establish a link between the breach of the freedom of expression whe
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n cases of violence against journalists arise, especially tackling the impunity problem. The paper will focus on the study of the ECtHR judgements regarding freedom of expression and cases of violence against journalists. Also, we will address the recent recommendations at the Council of Europe level. Concluding, the study will attempt to express some recommendations in solving the problem of violence against journalists." (Abstract)
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"International Humanitarian Law (IHL) has long-claimed that recognition as a civilian is critical to a journalist's safety during war, but the new US Manual blurs that line and says journalists must better understand the distinction between civilians and combatants. Given the fact that journalists m
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ight not be familiar with these legal concepts, this article proposes the use of critical pedagogy to engage them in the consideration of those issues (Freire, 2000). To start the conversation, and following a legal methodology, the article analyzes protections established under IHL, provides legal definitions for combatants, spies, and civilians and explains how each should be treated. Then to promote the inclusion on this topic in academic curriculums, it present teaching experiences and recommendations to engage media personnel in the study of this topic." (Abstract)
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"The article deals with the issue of establishing criminal liability for crimes against journalists. Areas of research on this subject are identified. The basic research and publications on issues are reviewed. The need for introducing such liability is investigated. It is indicated that several spe
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cial trains crimes against journalists were added to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening Guarantees ofJournalistic Activities" Criminal Code of Ukraine: 1) threats or violence against a journalist (art. 345-1 of the Criminal Code); 2) intentional destruction or damage to property of a journalist (art. 347-1 of the Criminal Code); 3) attempt on the life of a journalist (art. 348-1 of the Criminal Code); 4) hostage seizure of a journalist (art. 349-1 of the Criminal Code). Deficiencies are identified in the existence of separate groups of crimes - crimes against journalists due to the presence in the existing criminal law norms that punish such acts. It is also concluded that the introduction of special rules to the criminal law Ukraine should be conditional on increased (or reduced) level of social danger of the act versus offense under the general rule. It is claimed that journalists should be provided protection by the criminal law, but without creating more competition and overloading the Criminal Code of Ukraine." (Abstract)
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"During the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have be
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come victims of their own story. In this book, Nina Burri provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, Burri explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law." (Abstract)
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"This article focuses on the interdependence between security and human rights. The author advocates that freedom of expression and free media – two basic human rights – play increasingly important roles in fostering a meaningful debate on security issues and that they can help us to effectively
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address new challenges, not least in the new digital era. The article addresses major challenges within media freedom such as Internet freedom and journalists’ safety and the importance these challenges play with regard to the link between security and human rights." (Abstract)
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"Every bullet that kills a journalist in a warzone adds passion and urgency to calls for “something” to be done to better protect frontline media workers. International humanitarian law (the body of law that includes the Geneva Conventions) offers some avenues for legal redress, but problems wit
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h compliance and policing have contributed to a sense of impunity among perpetrators of these crimes. Consequently, calls for additional laws have reemerged. This article analyzes the current legal protections, examines a proposed new international convention, and discusses obstacles to ending impunity. It also analyzes whether a new convention would be a useful addition to international law and concludes that advocacy energies would be better spent promoting enforcement of existing laws." (Abstract)
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"The years 2011 and 2012 were among the most deadly for journalists reporting from conflict situations worldwide. The numbers of assaults, arrests and attacks have been on a constant rise and portray a dramatic image of the journalistic profession. In light of the increasing threats in armed conflic
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ts, being a war reporter has become an inherently dangerous task. Journalists are not only at risk of becoming so-called collateral damage during military operations, they are also increasingly targeted. Their role as a watchdog and witness to the horrors of war, in addition to the undeniable power of the word and image they spread, has made them popular targets. It is therefore essential that the international community re-evaluate journalists' de jure and de facto protections in armed conflicts to allow for better safeguards and consequently less casualties in the imminent future. This article examines the current protections afforded to journalists and aims at detecting proposals for enhanced safeguards that are most likely to effectively improve journalists' safety in the field. In this regard, this article will argue that the legal protections are in fact sufficient and hardly amendable and that therefore, a more practical, hands-on approach to implementation of those protections must be the focus of future actions. This goal can only be achieved by a comprehensive mission jointly pursued by governments, militaries, journalists, media, NGOs and society." (Abstract)
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"The nature of modern warfare has vastly changed the role of journalists in conflict and, therefore, the reliability of the protections afforded to them. Countries such as the United States have interpreted international humanitarian law in such a way that leaves journalists vulnerable to targeting
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decisions based solely on the content of their writings. International law must take afirm step forward in not only securing defacto protection for journalists, but in reaffirming their importance to the public. Such a step may best be taken by adopting a new status for journalists. Under this new status, a journalist could not be said to have directly participated in conflict without a proven intention to incite violence and would therefore remain immune from direct targeting no matter how much the content of the reporting supports or undermines the objectives of a belligerent party." (Abstract)
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"Journalists play a central role in fostering a society based on the open discussion of facts and the pursuit of the truth, as opposed to one based on rumor, prejudice, and the naked exercise of power. As a result, journalists are often literally in the line of fire and deserve special protection. T
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his article considers the characteristics of deadly attacks on journalists over the last two decades and examines how the applicable legal and policy frameworks can be used better or improved to provide a higher level of protection. Impunity, often a by-product of the politicized nature of journalistic activities, is seen as the major cause of continuous attacks on journalists. The conclusion is drawn that one of the key elements of a strategy to better protect journalists is to "elevate" the issue on a number of fronts: to move prevention and accountability from the local to the central level within domestic jurisdictions, while simultaneously heightening the level of international engagement with this issue." (Abstract)
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"Whether they are nationals reporting wars occurring within their countries or international news media staff, journalists are facing growing dangers when covering conflict events. As civilians, they are protected to some extent by international humanitarian law (IHL). But what are these rules and h
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ow adequate is such coverage? The article details the core elements of IHL, its relevance for journalists and key issues of implementation and compliance. The news media profession has attempted in the last decade to strengthen normative protections which are discussed. The issue is viewed as one of continuing salience for the Pacific. The article concludes by observing that the issue of protection in combat for journalists is something that the profession has to confront systematically." (Abstract)
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"Journalists and other media personnel perform a crucial role in armed conflicts. In the absence of functioning civil society, which, in peacetime can survey the behaviour of governments and other parties, and report on breaches of law, journalists are often the only parties on the ground able to do
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cument and publicise such breaches. Like humanitarian workers, they are often the only group that can bring to the attention of the world breaches of international humanitarian law and the horrific consequences which flow from armed conflict without limits. This article will consider the protections afforded to journalists under international humanitarian law and the practical assistance given to journalists by the International Committee of the Red Cross (ICRC)." (Abstract)
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"This article analyzes the liability of the Philippine President for the tort of constitutional negligence in relation to the murders and forced disappearances of leftists, journalists, and other dissidents. It uses the international law doctrine of command responsibility as a form of attribution th
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at may be used, by analogy, to hold the President accountable for a culture of impunity. The article describes the role of the President as the regulator of a human rights-conducive information ecology and argues that massive human rights violations meant to silence dissidents are a source of liability for which a class action suit is an available remedy. Finally, it looks at the concept of presidential immunity from suit from a comparative perspective and argues that the continued application of restrictive immunity rules established during the American colonial era is misplaced considering the universalist design of the present Philippine Constitution and developments in immunity jurisprudence in the United States." (Abstract)
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"One of the greatest threats to freedom of expression around the world is the violence committed against journalists practicing their profession in conflict situations. During the last 20 years, an alarming number of journalists have been targeted or killed when reporting about war. This situation h
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as prompted several international organizations to offer suggestions on how to protect the messengers who report about war. In this study, the authors provide a historical overview of journalist protection. In addition, they explore a number of recent declarations, resolutions and strategies introduced to protect journalists targeted in conflict zones. One particularly controversial strategy, the Press Emblem Campaign, is examined by interviewing various international stakeholders. The authors demonstrate that while no clear comprehensive method to protect journalists has yet to be universally accepted, this global problem has generated increased international attention." (Abstract)
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"This piece seeks to unpack these questions by exploring the current protection afforded journalists under both general international law and IHL (Part I); the IHL status of journalists (both those embedded in the military and those reporting as freelance / independent journalists) (Part II); target
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ing decisions involving journalists (Part III); and the obligations under IHL upon those who capture and detain journalists (Part IV)." (Abstract)
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"The examination of the ethical and moral issues surrounding the reporting of war crimes signals one of the outstanding problems facing journalism in the contemporary era. As the nature of war has changed, so has the nature of the journalism mandated to cover it, and the selection of war crimes tria
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ls, tribunals and truth commissions are key places in which to analyse these changes. Journalists and news organizations are divided over the merits of testifying at international war crimes tribunals. To some degree, the debate about appearing before war crimes courts has split along European and US lines. A number of European journalists and documentary film makers willingly testified before the war crimes tribunal in The Hague whilst US journalists tend to see the subpoena power of the tribunals as a threat to First Amendment freedoms. Based on interviews conducted with journalists, editors, lawyers and humanitarian aid workers, this article explores questions of journalistic objectivity and impartiality; the verification of journalists' stories; the safety repercussions for journalists participating in international trials; and the implications for the erosion of confidentiality of journalists' sources." (Abstract)
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"The first casualty of war is truth. Disinformation and tactical ruses of war have constituted essential components of warfare throughout history. Over time, influencing public opinion - and consequentially securing the prime position to exert such influence - has become ever more significant. In mo
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dern armed conflicts various stakeholders compete to communicate their truth. Attempts to instrumentalize journalists, to get a hold on certain information, to censor and erase some, and to promote the distribution of other information constitute the rule rather than the exception. Evidently, accurate and impartial reports conveyed from war zones have become ever more important; they constitute "a fundamental component in establishing historical truths and allowing post-war reconciliation." At the same time, quantum leaps in information technology have facilitated the outreach of the media to military operations even in the most remote corners of the world from where information can nowadays be broadcasted virtually in real-time. Evidently, journalists - and more generally media professionals - play a crucial role as the messengers and shapers of information. The risks they run in the performance of their profession are accordingly high. Images and news can be decisive for the outcome of a conflict and deliberate interference with journalistic work is frequent and increasing." (Abstract)
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"Media reporting of armed conflict and other situations of heightened violence has become increasingly perilous, with large numbers of journalists and other media personnel killed or deliberately targeted because of their professional work, including by government forces and non-government actors. T
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he serious risks to the safety of media personnel raise questions about the adequacy and enforcement of the international legal frameworks available to protect them. This article examines the range of complicated, interlocking normative and institutional frameworks which govern media personnel and media objects in international and non-international armed conflict, and in violent emergency situations beneath the threshold of conflict, with a focus on international humanitarian law and human rights law. The legal characterisation of a violent situation has important implications for the status and treatment of media personnel, whether they are ‘war correspondents’, ‘embedded’ reporters, or independent journalists. This article reviews and clarifies the circumstances in which journalists and their equipment are protected from hostilities and when they may lose protection from attack; the measures of security, detention or restriction to which they may be subject; issues of professional privilege and confidentiality; and the perennial discussion about whether journalists should receive a special status and emblem in conflict situations." (Abstract)
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"The very real danger in which conflict-journalists find themselves is well illustrated by the fact that during the recent conflict in Iraq proportionally more journalists were killed than members of the coalition forces (BalguyGallois March 2004 International Review of the Red Cross 37). The fact t
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hat journalists in conflict zones require protection is no new notion to humanitarian law, as is evidenced by the Geneva Convention of 1929-07-27 (relative to the treatment of prisoners of war). However, problems may arise where journalists start choosing sides. Should a journalist enter the arena of hostilities on either side, the situation will be that a person protected, at least to the same degree as a local civilian, will have a bearing on the hostilities. No better example exists than the Nahimana case (The Prosecutor v Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze case no ICTR-99-52-T (2003) (hereinafter "Nahimana")." (Abstract)
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