10/25/2015 WSIS + 10 in Paris - France 1 Freedom Rights and Ethics Bambang Harymurti

Enabling Environment: 10/25/2015 WSIS + 10 in Paris - France 2 1.Legal infrastructure 2.Social Infrastructure 3.Economic Infrastructure 4.Professional/Technical Competence 5.Big Bang vs. Muddling Through

10/25/2015 WSIS + 10 in Paris - France 3 Roumeen Islam: on Legal Infrastructure When libel is a criminal rather than a civil case, journalists lean toward self-censorship. When truth is not a defence for libel, journalists have incentives to limit their investigations When laws provide protection against libelious statements about matter of public interest and require that individuals to show that defamatory statements are knowingly or recklessly false and made with malicious intent, these favour journalistic freedom. (World Bank Institute, “The Right to Tell: The Role of Mass Media in Economic Development, page 13-14)‏

10/25/2015 WSIS + 10 in Paris - France 4 From Feudalism to Modernity Feudal Society: intolerant toward difference of opinion and very tolerant toward acts of physical violence Modern Society: very tolerant toward different of opinion and intolerant toward physical violence Transition problem: How to broaden tolerance toward different of opinion and lessen the propensity toward acts of physical violence. Insult is the extreme form of difference in opinion

10/25/2015 WSIS + 10 in Paris - France 5 Economic Development and Media Freedom Source: World Bank Institute: “The Right to Tell: The Role of Mass Media in Economic Development.” page 228

10/25/2015 WSIS + 10 in Paris - France 6 Economic Health vs Freedom of the Press Sorce: World Bank Institute: “The Right to Tell: The Role of Mass Media in Economic Development.” page 230

10/25/2015 WSIS + 10 in Paris - France 7 Freedom from Criminal Defamation Members of European Council (due to adherence to European Human Rights Court in Strassbourg). Members of Inter-American States (due to adherence to Inter-American States Human Rights Court)‏ USA (due to First Amendment)‏ Members of African Regional Human rights Court Countries with media laws that comply with International Covenant of Civil and Political Rights, ie: Ukrainia, Srilanka etc.

10/25/2015 WSIS + 10 in Paris - France 8 ICCPR Principles: Freedom of Expression and the press is basic Human Rights The limit is only other basic Human Rights (Article 20) Any regulation should be based on democratic principles.

Principles of Media Law in Democratic Society Maximum protection of media freedom Minimal exceptions specified by law and deemed necessary Legal protection of sources No criminal defamation and short statute of limitation No “chilling effect” fines in civil defamation Burden of prove is in litigant Truth is a defense Maximum self regulation Based on restorative justice principles 10/25/2015 WSIS + 10 in Paris - France 9

Principles of Self Regulation Oversight by an independent institution (media council or ombudsman) to ensure ethical conducts No government involvement and statute of limitation Represents journalist associations, publisher association and public (consumers) Run by highly respected public figures Supported by independent fund Tasked to protect media freedom, enhancing quality of journalism, promoting media literacy to the public, mediating disputes between the press and the public and facilitating the formation of professional rules and regulations 10/25/2015 WSIS + 10 in Paris - France 10

Principles of Media Ethics Tell the truth Be independent Minimize harms (Periodic reviews) 10/25/2015 WSIS + 10 in Paris - France 11

10/25/2015 WSIS + 10 in Paris - France 12 Pro and Cons of Media Council Inverse relation with quality of existing court Balance of interest: Journalists-Owners-Public Protecting public access to press freedom Free, quick and respected What about public fund?

Questions and Answers Please share your opinions and questions Thank you 10/25/2015 WSIS + 10 in Paris - France 13