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TitleYearAuthor (surname, first name)Institution of AuthorPublication TypePublicationVolume/Issue/Page Numbers/PublisherAbstractLink to PublicationOpen Access (Yes/No)
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Protection of Journalists Under
International Humanitarian Law
1995Mukherjee, AmitUnknownArticleCommunications and the Law17, pp. 27-39Journalists' on professional assignments often face hostile actions by political and military authorities, de jure or de facto. Such hostility ranges in severity from censorship, utilization of harsh laws of defamation, restriction or denial of access to sources of information, denial or revocation of a work permit or license, denial of entry or exit visa, restriction of movement, and expulsion; to detention, disappearance, attack, torture, and even murder.https://heinonline.org/HOL/Page?handle=hein.journals/coml17&div=14&g_sent=1&casa_token=&collection=journalsNo
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Violence against the Press in Latin America: Protections and Remedies in International Law
2001Perkins, MichaelBrigham Young UniversityArticleJournalism & Mass Communication Quarterly78(2), pp. 275-290This article identifies a trend in international law addressing the murders of journalists in Latin America. Recent cases by international human-rights tribunals are analyzed for their holdings that murders of journalists violate the free-expression guarantees of the American Convention on Human Rights, the hemisphere's leading human rights treaty. These rulings required governments to investigate attacks on the press in good faith, punish journalists' assailants, indemnify journalists' survivors, and protect journalists working in war zones. This article concludes that this international case law, though developing slowly, offers a new weapon in the fight against vengeful and violent attacks on the press.
https://journals.sagepub.com/doi/abs/10.1177/107769900107800205No
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REMAKING THE PEN MIGHTIER THAN THE SWORD: AN EVALUATION OF
THE GROWING NEED FOR THE INTERNATIONAL PROTECTION OF
JOURNALISTS
2002Howard, DylanUnknownArticleGeorgia Journal of International & Comparative Law30, pp. 505-542"It is the goal of this note to explore this problem with a particular emphasis on potential methods by which the international community can work to protect the press. In order to better understand this problem as it exists today, this note begins with a historical analysis of the development of international
efforts to remedy and prevent it. This analysis is not meant to be comprehensive, but merely to provide some insight into the historical development of this problem on the international stage. In the interest of continuity, this historical analysis is organized with an overall topical structure as opposed to a strictly
chronological one. This note then addresses a variety of methods by which the international community could take action to protect journalists in the future. It is ultimately the goal of this note to generate workable suggestions for a future regime, both preventative and punitive. Although it remains unclear
what can be done in the aftermath of one of the single most lethal years for journalists in the history of the profession, it is deadly clear that something must be done"
https://digitalcommons.law.uga.edu/gjicl/vol30/iss3/7/Yes
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The protection of journalists and news media
personnel in armed conflict
2004Balguy-Gallois, AlexandreParis-SudArticleInternational Review of the Red Cross86(853) pp. 37-67The recent war in Iraq is a perfect illustration of the growing risks faced by journalists
working in conflict zones. It is therefore important to call renewed attention to the fact that
attacks against journalists and media equipment are illegal under international humanitarian
law, which protects civilian persons and objects, as long as they are not making an effective
contribution to military action. The media cannot be considered a legitimate target, even if
they are being used for propaganda purposes, unless they are being exploited to instigate
grave breaches of humanitarian law. Journalists and media personnel also benefit from
precautionary measures – not confined to them alone – such as the principle of
proportionality and the obligation to give advance warning. There is nonetheless an evident
need for the adoption of a new instrument, on the one hand to reaffirm those elements of
humanitarian law that apply to journalists and media personnel, and thus to re-establish the
authority of certain basic rules that are all too often flouted, and, on the other hand, to
improve existing law and adapt it to the requirements of today, for instance the phenomenon
of “embedded” journalists. Such is the goal of the “Declaration on the safety of journalists
and media personnel in situations involving armed conflict,” drawn up in 2003 by Reporters
without Borders.
https://www.icrc.org/en/doc/assets/files/other/irrc_853_gallois.pdfYes
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The Protection of Journalists in Armed Conflicts
2005Zanghí, ClaudiaUniversità degli Studi La Sapienza di RomaChapterThe New Challenges of Humanitarian Law in Armed ConflictsBRILL, pp. 145-162The problem of the protection of journalists is closely linked to that of freedom of information and was first considered as early as 1893/94. In 1927 a conference of press experts held in Geneva adopted various resolutions for their submission to member states. These resolutions addressed a range of issues, including the treatment of foreign journalists and specific proposals for the prevention of violence against journalists. Among these, in particular, was the establishment of an identity card for journalists. Unfortunately these resolutions were of no consequenceand the problem was never addressed again.https://brill.com/view/book/edcoll/9789047416593/B9789047416593_s009.xmlNo
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Journalists in War Zones: Crossing from the
Newsroom into the Arena
2007Waschefort, CAUnknownArticleDe Jure40, pp. 379-384"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 that
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""))."
https://heinonline.org/HOL/Page?handle=hein.journals/dejur40&div=34&id=&page=&collection=journalsNo
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Journalists, war crimes and international justice
2008Tumber, HowardCity UniversityArticleMedia, War & Conflict1(3) pp. 261-269The 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 trials, 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.
https://journals.sagepub.com/doi/abs/10.1177/1750635208097051?casa_token=ryThAqz9NtEAAAAA:7rcxihLTNCgnweNxgM2ILdFUE7_JZsmtQX2m5E3S6NBiihfFvFmcmWVRs5BPQwY5VpwrkI28-EUNo
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The protection of journalists in armed conflicts
2008Geiss, RobinInternational Committee of the Red CrossArticleGerman Yearbook of International Law51, pp. 289-320"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 modern 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."
https://heinonline.org/HOL/Page?handle=hein.journals/gyil51&div=12&id=&page=&collection=journalsNo
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The international protection of journalists in armed conflict and other violent situations
2008Saul, BenUniversity of SydneyArticleAustralian Journal of Human Rights14(1) pp. 99-140Media 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. The 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.

https://www.tandfonline.com/doi/abs/10.1080/1323238X.2008.11910847?casa_token=qFVCKotycpEAAAAA:VNwqF9HiByeQ58z78dDvgZQ5cD-d_YzZ49oX13pXaIH2Qq124f7GXqTMxpa05K1nM7ypXwqW09oNo
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Don't shoot the messenger: prospects for protecting journalists in conflict situations
2009Lisosky, Joanne, M. and Henrichsen, JenniferUniversity of Pennsylvania/Washington State UniversityArticleMedia, War & Conflict2(2) pp. 129-148One 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 has 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.
https://journals.sagepub.com/doi/abs/10.1177/1750635209104651?casa_token=uEfbYsBJAxMAAAAA:ypNd6Dm3xthT_YNdG-Cg9vz_kmZIz8EMM9pMLz2bz29cEhthR3Lq9pbF07mM8uF4NL3tttRbC5MNo
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Journalists : shielded from the dangers of war in their pursuit of the truth?
2009Bosch, ShannonUniversity of KwaZulu-NatalArticleSouth African Yearbook of International Law34(1) pp. 70-100This 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); targeting decisions involving journalists (Part III); and the obligations under IHL upon those who capture and detain journalists (Part IV).
https://journals.co.za/doi/abs/10.10520/EJC100130No
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The Philippine President as Tortfeasor-in-Chief: Establishing Civil Liability for Constitutional Negligence
2009Hilbay, Florin TernalLawyerArticleAsian Journal of Comparative Law4, pp. 1-54"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
that 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."
https://www.cambridge.org/core/journals/asian-journal-of-comparative-law/article/abs/philippine-president-as-tortfeasorinchief-establishing-civil-liability-for-constitutional-negligence/18BA896E9B4650A7F54B2CBBCA9584EBNo
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The culture of impunity: What
journalists need to know about
international humanitarian law
2010Alley, RodericVictoria University of WellingtonArticlePacific Journalism Review16(1) pp. 78-95Whether 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 how 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.
https://core.ac.uk/download/pdf/287161989.pdfYes
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The Media and International Humanitarian Law: Legal Protections for Journalists
2010Kagan, Sophie and Durham, HelenLawyersArticlePacific Journalism Review16(1) pp. 96-112Journalists 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 document 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).

https://search.informit.org/doi/abs/10.3316/informit.410746200029781No
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Legal avenues for ending impunity for the death of journalists in conflict zones: Current and proposed international agreements2013Davies, Kayt and Crawford, EmilyUniversity of SydneyArticleInternational Journal of Communication7, pp. 2157-2177"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 with 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."
https://ijoc.org/index.php/ijoc/article/view/2155/993Yes
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The Protection of Journalists in Armed Conflicts: How Can They Be Better Safeguarded?
2013Düsterhöft, IsabellThe Hague University of Applied Sciences ArticleInternational and European Law29(76) pp. 4-22The 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 conflicts, 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.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2219189Yes
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Protecting the Right to Life of
Journalists: The Need for a Higher
Level of Engagement
2013Heyns, Christof and Srinivasan, SharathUniversity of Pretoria and Universty of CambridgeArticleHuman Rights Quarterly35(2) pp. 304-332
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.
This 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.
https://heinonline.org/HOL/Page?handle=hein.journals/hurq35&div=26&g_sent=1&casa_token=&collection=journalsNo
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Journalists as a Protected Category: A New Status for the Media in International Humanitarian Law2013Levin, ElizabethUnknownArticleUCLA Journal of International Law and Foreign Affairs 17, pp. 215-250
"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 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.
https://heinonline.org/HOL/Page?handle=hein.journals/jilfa17&div=11&g_sent=1&casa_token=FKyESsGVG80AAAAA:Hf2PnsXKKpHCXtiKkKT5xSCAKyBo90nSrCcKlvhFHMaUPgjZCl6HdTQgTpfn_YATFVjMwxU&collection=journalsNo
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The Main Challenges for the OSCE Representative on Freedom of the Media
2014Mijatović, Dunja"Organization for Security and Co-operation in Europe
The Representative on Freedom of the Media"
ArticleSecurity and Human Rights24, pp. 325-332This 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 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.


https://brill.com/view/journals/shrs/24/3-4/article-p325_11.xml?casa_token=tnMywEih3g8AAAAA:7LPUirsOU3rR5ISxaYk0GeYlzhJMayAzEnTU-2IxZw7Lqenam14td0-AnOUzWjxFehmrIEkNo
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Bravery or Bravado? The Protection of News Providers in Armed Conflict
2015Burri, NinaUnknownBookBravery or Bravado? The Protection of News Providers in Armed Conflict
BRILLDuring 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 become 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.
https://brill.com/view/title/27182No
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On the Need to Amend Chapter XV of the Special Section of the Criminal Code of Ukraine2016Mostepanyuk, LyudmilaNational Academy of Internal AffairsArticleJournal of Eastern European Law24, pp. 57-61The 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 special 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 Ukrainehttps://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/jeeul2016&id=135&men_tab=srchresultsNo
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Freedom of Expression and Violence against journalists
2017GEAMĂNU, Radu FlorinUniversitatea Nicolae TitulescuArticleLex ET Scientia International Journal2, pp. 118-135This 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 when 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.https://www.ceeol.com/search/article-detail?id=596997No
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Journalists not spies. The importance of the legal distinction for the protection of journalists during armed conflicts2017Villareal, Mariateresa GarridoUniversity for PeaceArticleJournalism Education6(2) pp. 48-55International 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 might 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 com-batants, 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.https://www.academia.edu/34772844/Journalists_not_spies._The_importance_of_the_legal_distinction_for_the_protection_of_journalists_during_armed_conflictsYes
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What Compels Journalists to Take a Step Back?: Contextualizing the Media Laws and Policies of Bangladesh
2020Abir, Janina Islam and Shamim, Tanbir FarhadIndependent University, Bangladesh/Ministry of Public Administration, BangladeshBook ChapterHandbook of Research on Combating Threats to Media Freedom and Journalist Safety
IGI Global, pp. 38-53Reports 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 journalists 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.
https://www.igi-global.com/chapter/what-compels-journalists-to-take-a-step-back/246426No
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Lése-majesté and journalism in Turkey and Europe2020Kurtul, Aytekin Kaan Middlesex UniversityBook ChapterJournalist Safety and Self-CensorshipRoutledgeThis 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.https://www.taylorfrancis.com/chapters/edit/10.4324/9780367810139-5/l%C3%A8se-majest%C3%A8-journalism-turkey-europe-aytekin-kaan-kurtul?context=ubx&refId=8cbc279b-9354-4db9-8eae-1bee345df236No
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Now you [don’t] see me: how have new legislation and changing public awareness of the UK surveillance state impacted OSINT investigations?
2020Shere, Anjuli RUniversity of OxfordArticleJournal of Cyber Policy5(3) pp. 429-448Open-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 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.https://www.tandfonline.com/doi/abs/10.1080/23738871.2020.1832129No
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Reading the Investigators their Rights:
A review of literature on the General Data Protection
Regulation and open-source intelligence gathering and
analysis
2020Shere, Anjuli RUniversity of OxfordArticleThe New Collection
14 pp. 3-21Open-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 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.https://mcrweb-18.new.ox.ac.uk/docs/NewCollection2020.pdf#page=11Yes
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Threats to Media Freedom and Journalist’s Security as a Challenge to Implementation of Constitutional Principle of Freedom of Speech in the Council of Europe’s Member States
2021Jaskiernia, AlicjaWarsaw UniversityArticlePrzegląd Prawa Konstytucyjneo64, pp. 303-316Free 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 Parliamentary 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.https://bibliotekanauki.pl/articles/1928724Yes
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The new constitution freezing the press: Freedom of expression and statutory limitations in Libya
2021Alashry, Miral Sabry Future University EgyptArticleCogent Arts & Humanities 8(1), DOI: 10.1080/23311983.2021.2000568This 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.

https://www.tandfonline.com/doi/full/10.1080/23311983.2021.2000568Yes
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Protection of Journalists in Armed Conflict:
An Insight from the Perspective of International Humanitarian Law
2021Dahal, PukarPurbanchal UniversityArticleGPH-International Journal of Social Science and Humanities Research4(6) pp. 21-30War 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 arrests 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. http://www.gphjournal.org/index.php/ssh/article/view/438Yes
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Press Freedom and Cybercrimes: Combating Online Harassment on Digital Media in Nigeria2021Onuche, Samson OjodomoLawyerArticleAfrican Journal Of Criminal Law And Jurisprudence
6, pp. 137-151
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.https://journals.ezenwaohaetorc.org/index.php/AFJCLJ/article/view/1629/1671Yes
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Sedition and Freedom of Expression for Journalists in Botswana: A Comment on Mokone v Attorney General and Others2022Balule, Badala TachilisaUniversity of BotswanaArticleJournal of African Law66(2) 355-366Journalists 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 duties 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.https://www.cambridge.org/core/journals/journal-of-african-law/article/abs/sedition-and-freedom-of-expression-for-journalists-in-botswana-a-comment-on-mokone-v-attorney-general-and-others/E35952B949B7500CBED9584377FB7547No
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Protecting the Messenger
An International Humanitarian Law Perspective
2022Kasper, SebastianUnknownArticleThe Journal of Mediation and Applied Conflict Analysis8(1) pp. 38-58
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 counter-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.http://ojs.maynoothuniversity.ie/ojs/index.php/jmaca/article/view/56Yes
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Protecting journalists from harassment
Comparing existing protection mechanisms
and the effects on democracy
2022Baroni, Alice; d’Haenens, Leen and Lo, Wai HanUniversity of Padova; KU Leuven and Hong Kong Baptist UniversityBook ChapterSuccess and failure in news media
performance: Comparative analysis in the Media for Democracy Monitor 2021
Nordicom, pp. 59-77There 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 and 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.http://norden.diva-portal.org/smash/record.jsf?aq2=%5B%5B%5D%5D&c=14&af=%5B%5D&searchType=LIST_LATEST&sortOrder2=title_sort_asc&query=&language=en&pid=diva2%3A1641177&aq=%5B%5B%5D%5D&sf=all&aqe=%5B%5D&sortOrder=author_sort_asc&onlyFullText=false&noOfRows=50&dswid=5262Yes
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UNESCO’S Judges’ Initiative
Training the Custodians of the Legal System on Freedom of Expression, Access to Information and the Safety of Journalists
2022Canela, Guilherme; Burki, Namara and Menon, SamritaUNESCOArticleMax Planck Yearbook of United Nations Law Online25(1) pp. 54-76Human 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.


https://brill.com/view/journals/mpyo/25/1/article-p54_4.xmlNo
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SLAPPs against journalists across
Europe
2022Article 19/Media Freedom Rapid ResponseArticle 19/Media Freedom Rapid ResponseReportSLAPPs against journalists across
Europe
Article 19This 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 powerful 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).
https://www.article19.org/wp-content/uploads/2022/03/A19-SLAPPs-against-journalists-across-Europe-Regional-Report.pdfYes
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Fighting SLAPPs: What Can Media, Lawyers, and Funders Do?
2022Noorlander, PeterIndependent ConsultantReportFighting SLAPPs: What Can Media,
Lawyers, and Funders Do?
The Center for International Media
Assistance (CIMA), at the National
Endowment for Democracy
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.
https://www.cima.ned.org/publication/fighting-slapps-what-can-media-lawyers-and-funders-do/Yes
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Weaponising the Law:

Attacks on Media Freedom
2023Thomson Reuters Foundation and Tow Center for Digital JournalismThomson Reuters Foundation and Tow Center for Digital JournalismReportWeaponising the Law:

Attacks on Media Freedom
Thomson Reuters Foundation and Tow Center for Digital JournalismAs threats to independent journalism continue to accelerate, the law is being weaponised around the world to compromise journalists’ safety and silence public interest reporting. The physical, emotional and financial consequences are enormous for journalists, who face the risk of going to jail, being bankrupted or repeatedly being dragged into court. Left unchecked, the future of the profession, democracies and free societies are at stake.



Raising awareness of these growing legal threats is critical if they are to be countered. That’s why the Thomson Reuters Foundation and the Tow Center for Digital Journalism at Columbia University teamed up to produce a report that identifies and examines eight key legal threats to the profession.



Drawing on global research carried out by the Tow Center for Digital Journalism in 2022, alongside the contributions from 37 media freedom experts and the first-hand experience of nearly 500 alumni – representing 106 countries – from the Thomson Reuters Foundation’s journalism training programmes, this report is the first of its kind to bring together insights into these prevalent trends from reporters on the ground and leading experts. It provides the first step towards a global overview of the weaponisation of the law against journalists and a springboard into future research.

https://medialegalattacks.com/Yes
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INTERNATIONAL ORGANIZATIONS THAT PROTECT JOURNALISTS’ RIGHTS IN INTERNATIONAL LAW2023Orifjonov Shokhrukhbek Joraboy o'g'liInternational Law Faculty of the University of World Economy and DiplomacyConference ProceedingsProceedings of International Conference on Scientific Research in Natural and Social Sciences2(6), pp. 184–190The 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 that 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.

https://econferenceseries.com/index.php/srnss/article/view/2178Yes
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Swedish journalists' perceptions of legal protection against unlawful online harassment2023Björkenfeldt, OscarLund UniversityArticleFront. Sociol.doi: 10.3389/fsoc.2023.1154495This 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.

https://www.frontiersin.org/articles/10.3389/fsoc.2023.1154495/full?utm_source=Email_to_authors_&utm_medium=Email&utm_content=T1_11.5e1_author&utm_campaign=Email_publication&field=&journalName=Frontiers_in_Sociology&id=1154495
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Beyond Self-Censorship: Hong Kong’s Journalistic Risk Culture under the National Security Law
2023Lee, FrancisChinese University of Hong KongArticleThe China Journal90 pp. 129-153Professional 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 self-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.https://www.journals.uchicago.edu/doi/full/10.1086/725536Yes
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Media freedom and journalist safety in the UK Online Safety Act
2024Gerbrandt, Ricki-LeeUniversity of CambridgeArticleJournal of Media LawDOI: https://doi.org/10.1080/17577632.2024.2307678In 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 purpose 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.https://www.tandfonline.com/doi/full/10.1080/17577632.2024.2307678?src=Yes
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“No One Is Going to Silence Me”: A Comparison of the Conditions for Press Freedom and Independent Journalism As a Prerequisite for Democracy in the United States, Sweden, and Egypt
2024Rantakrans, Elin
Mid Sweden UniversityBook ChapterSpringer Handbooks of Political Science and International RelationsSpringerThis 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 greatly, 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.

https://link.springer.com/chapter/10.1007/978-3-031-48739-2_38No
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Evaluating the Legal Protections for Journalists in China: Challenges and Recommendations for Strengthening Press Freedom
2024Chen, ZhijieHenan University of Economics and LawArticleLaw & Economy3(5), pp. 33–40This 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.

https://www.paradigmpress.org/le/article/view/1138Yes
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