Coalition to intervene in Canada Supreme Court case on confidentiality of journalists’ sources

[vc_row][vc_column][vc_single_image image=”100413″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Twelve press freedom, media rights, and civil liberties organizations from around the world were granted leave to intervene last month in support of Ben Makuch, a national security reporter for VICE News in Toronto, who received an order from the RCMP to hand over all communications with an alleged Islamic State fighter. The production order came after Makuch published a series of articles in 2014. VICE and Makuch have been fighting to quash the production order ever since, but it has been upheld in two lower court decisions.

The coalition argues that the protection of confidential journalistic material from compelled disclosure is a fundamental condition of freedom of the press. Without it, the vital watchdog role journalists play in a democratic society is undermined, as sources risk being deterred from sharing information of public interest with members of the press.

“If the appeal court’s ruling is allowed to stand, it will be easier for Canadian police to obtain notes and recordings from journalists, which is why we have chosen to intervene in this Supreme Court case,” said Margaux Ewen, RSF North America Director. “As one of the world’s strongest democracies, Canada must set a positive example of protecting journalists’ sources, not a negative one, by ensuring that journalists operate without government interference in their reporting. ”

“The outcome in this case will send an important signal about press freedom to other countries“, said Joy Hyvarinen, Head of Advocacy at Index on Censorship. “ It is extremely important that Canada’s courts ensure the protection of journalistic sources and safeguard press freedom.”

“At a time when the press is more threatened than ever, Canada should set an example for press freedom, said Alexandra Ellerbeck, North America program coordinator for the Committee to Protect Journalists (CPJ). “Undermining the ability of journalists to operate independently and keep their reporting product private sends the opposite message.”

“Protection of journalistic sources is essential to ensure proper investigative journalism, said Media Legal Defense Initiative (MLDI)’s Legal Director Padraig Hughes. “We hope the court will recognise that the risk to investigative journalism where the press are forced to reveal source material to law enforcement is very real, and will have a serious impact on their role as a ‘public watchdog.’”

The Supreme Court’s decision in the VICE case comes at an important time in Canada when journalists’ sources have recently been under threat. At least 13 journalists were under police surveillance in Quebec between 2013 and 2016 in an effort to identify leaks within the police force, prompting the establishment of a Commission of Inquiry which recommended stronger provincial legislation be adopted to protect source confidentiality. In October of last year, Canada’s parliament unanimously adopted the Journalistic Source Protection Act, a federal “shield law” designed to protect sources and whistleblowers. Despite the new legislation, Marie-Maude Denis, an investigative reporter for Radio-Canada, was ordered by a Quebec Superior Court in March to reveal her sources in a Quebec City corruption case. The court applied the shield law, but ultimately ruled that the public’s interest in the outcome of the trial outweighed that of journalistic source protection. Radio-Canada is currently fighting the order to compel Denis’ testimony.

The Journalistic Source Protection Act does not apply in the VICE case.

The coalition comprises Article 19, the Committee to Protect Journalists, Index on Censorship, the International Human Rights Program/University of Toronto Faculty of Law, the International Press Institute, Media Law Resource Center, Media Legal Defense Initiative, PEN Canada, PEN International, Reporters Committee for Freedom of the Press, Reporters Without Borders, and World Association of Newspapers and News Publishers.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1526545460052-055aac87-916b-7″ taxonomies=”6534″][/vc_column][/vc_row]

CNN announced as media partner for Freedom of Expression Awards 2017

Index on Censorship is delighted to announce CNN as its media partner for the 2017 Freedom of Expression Awards.

The awards, now in their 17th year, honour those at the forefront of tackling censorship in the field of arts, campaigning, digital advocacy and journalism. Many of the winners face regular persecution for their work, including jail, death threats or harassment.

Award winners are honoured at a gala ceremony in London in April and receive training, promotion and year-long assistance from Index as part of their prize.

Judges for this year’s awards include Harry Potter actor Noma Dumezweni, former Vanity Fair editor Tina Brown and award-winning lawyer Caoilfhionn Gallagher, who represented the families of the victims of the Hillsborough football disaster.

“The media is under threat throughout the world – and not just from ‘traditional’ enemies,” said Jodie Ginsberg, Index on Censorship chief executive. “In Europe, journalists and journalism organisations are under severe pressure. Governments are widening surveillance powers and national security laws in a way that makes investigating corruption and malpractice ever more difficult. In the United States, the language coming from those at the top is painting the media as the enemy.”

“Given the pressures facing the media, it’s great to be working with an organisation that understands and recognises these threats through its work internationally,” she added.

“CNN is proud to support journalism through our extensive affiliate network of over 1,100 broadcast and digital publishers worldwide,” said Greg Beitchman, Vice President, Content Sales and Partnerships, CNN International Commercial. “We admire the work done by the Freedom of Expression Awards and look forward to being part of this important initiative to recognise vital journalism done all over the world.”

In addition to CNN, VICE News has also renewed its sponsorship of the Index awards. In 2016, VICE News journalists Philip Pendlebury and Jake Hanrahan presented the Freedom of Expression Award for Journalism to Zaina Erhaim, a Syrian-based journalist training female reporters. Index had campaigned for Phil and Jake’s release and that of their colleague Mohammed Rasool after they were arrested and imprisoned by Turkish authorities on charges of assisting a terrorist organisation.

Neil Breakwell, London Bureau Chief, VICE News said: “VICE News is proud to support the Index on Censorship awards and the courageous work of journalists, many of whom risk their lives daily to bring us the news.”

He added: “2016 has seen an alarming increase in the arbitrary arrests of reporters, the silencing of dissenting news outlets and threats of violence to media workers around the world. Impartial, fact-based journalism has never been more important and neither has the work of those, like Index, who strive to protect it.”

Previous winners of the Freedom of Expression awards include Nobel Peace Prize winner Malala Yousafzai, Israeli conductor Daniel Barenboim and Russian journalist Anna Politkovskaya. Hundreds of public nominations are made for the awards each year. Many of those nominated are regularly targeted by authorities or by criminal and extremist groups for their work.

The shortlist for the 2017 awards will be announced in early 2017 and the winners will be announced on 19 April at the Unicorn Theatre, London.

For more information, please contact: Sean Gallagher – [email protected].

Notes for editors

Index on Censorship, founded in 1972 by poet Stephen Spender, campaigns for freedom of expression worldwide. Its award-winning quarterly magazine has featured writers such as Vaclav Havel, Nadine Gordimer, Arthur Miller, Philip Pullman, Salman Rushdie, Aung San Suu Kyi and Amartya Sen.

Award winners become Index on Censorship Freedom of Expression Award Fellows and receive training and support for a year after the awards to help them maximise the impact of their work.

 

Turkey: Index condemns killing of lawyer during press conference

Index on Censorship condemns the killing of Turkish human rights lawyer Tahir Elci, who was shot during a press conference on Saturday.

Elci, was briefly detained and questioned last month for saying during a live news program that the Kurdistan Workers’ Party, or PKK, is not a terrorist organisation. According to The Guardian newspaper, he was charged soon after with making terrorist propaganda and was facing more than seven years in prison.

The human rights defender was the lawyer for Mohammed Rasool, a journalist with Vice News, who remains in prison awaiting trial on charges of aiding a terrorist organisation.

The shooting comes amid a rapid deterioration for free expression in Turkey. Index on Censorship was part of a delegation to the country last month that met officials and journalists including Can Dundar, editor-in-chief of Turkish daily newspaper Cumhuriyet.

Can Dundar and Erdem Gul, the newspaper’s Ankara bureau chief, were both arrested and charged last week with aiding an armed terrorist organisation.

“Index condemns the murder of Tahir Elci and urges the Turkish authorities to fulfil its democratic obligations to protect the legal and media professions. We also ask the European Union to do more to hold Turkey, which seeks membership of the EU, to account,” said Index on Censorship CEO Jodie Ginsberg.

Turkey’s deterioration has been documented by Index’s Mapping Media Freedom project, which monitors media violations across Europe. There have been 177 verified reports in the country since the map was launched in May 2014.

Award-winning Turkish journalist charged with ‘insulting’ Turkey’s President

Prosecutors filed a case against Today’s Zaman columnist Yavuz Baydar on Saturday for “insulting” the president in two recent columns.

“This is the latest in a number of cases of journalists being targeted and charged for insulting the president, which in turn forms part of a wider crackdown on a free and independent media in Turkey,” said Index chief executive Jodie Ginsberg.

“The international community needs to do more to halt this rapidly deteriorating situation.”

Last week Turkey freed two British journalists working for Vice, an online news organisation, who had been charged with “aiding a terrorist organisation”, but their colleague Mohammed Ismael Rasool remains in jail.

“We, those trying to perform their jobs in the media, are using our rights to provide information and criticise the government based on rights granted to us by the Constitution, the laws and international treaties we are a party of,” Baydar said in an interview, published on BGNNews.com. “Being critical, questioning and warning is our professional responsibility. We shall continue to criticise. Just like many other colleagues who are investigated [on the same charge], there is no intention to insult in these columns but the right to criticise was used. I am saddened. I am concerned for our country and the media.”

In July it was announced that Baydar was being awarded Italy’s prestigious Caravella Meditterraneo/Mare Nostrum prize for his work on press freedom and media independence in Turkey.