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	<title>Media persecution &#8211; Evening Report</title>
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		<title>Plea deal ends personal ordeal for Julian Assange, but still media freedom concerns, says MEAA</title>
		<link>https://eveningreport.nz/2024/06/25/plea-deal-ends-personal-ordeal-for-julian-assange-but-still-media-freedom-concerns-says-meaa/</link>
		
		<dc:creator><![CDATA[Asia Pacific Report]]></dc:creator>
		<pubDate>Tue, 25 Jun 2024 10:18:51 +0000</pubDate>
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		<guid isPermaLink="false">https://eveningreport.nz/2024/06/25/plea-deal-ends-personal-ordeal-for-julian-assange-but-still-media-freedom-concerns-says-meaa/</guid>

					<description><![CDATA[Pacific Media Watch The reported plea bargain between WikiLeaks founder Julian Assange and the United States government brings to a close one of the darkest periods in the history of media freedom, says the union for Australian journalists. While the details of the deal are still to be confirmed, MEAA welcomed the release of Assange, ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/category/pacific-media-watch/" rel="nofollow">Pacific Media Watch</a><br /></em></p>
<p>The reported plea bargain between WikiLeaks founder Julian Assange and the United States government brings to a close one of the darkest periods in the history of media freedom, says the union for Australian journalists.</p>
<p>While the details of the deal are still to be confirmed, <a href="https://www.meaa.org/mediaroom/plea-deal-ends-personal-ordeal-for-julian-assange-but-media-freedom-concerns-remain/" rel="nofollow">MEAA welcomed the release</a> of Assange, a Media, Entertainment &#038; Arts Alliance member, after five years of relentless campaigning by journalists, unions, and press freedom advocates around the world.</p>
<p>MEAA remains concerned what the deal will mean for media freedom around the world.</p>
<p>The <a href="https://x.com/wikileaks" rel="nofollow">work of WikiLeaks</a> at the centre of this case — which exposed war crimes and other wrongdoing by the US in Iraq and Afghanistan — was strong, public interest journalism.</p>
<p>MEAA fears the deal will embolden the US and other governments around the world to continue to pursue and prosecute journalists who disclose to the public information they would rather keep suppressed.</p>
<p>MEAA media federal president Karen Percy welcomed the news that Julian Assange has already been released from Belmarsh Prison, where he has been held as his case has wound its way through UK courts.</p>
<p>“We wish Julian all the best as he is reunited with his wife, young sons and other relatives who have fought tirelessly for his freedom,” she said.</p>
<p><strong>‘Relentless battle against this injustice’</strong><br />“We commend Julian for his courage over this long period, and his legal team and supporters for their relentless battle against this injustice.</p>
<p>“We’ve been extremely concerned about the impact on his physical and mental wellbeing during Julian’s long period of imprisonment and respect the decision to bring an end to the ordeal for all involved.</p>
<blockquote class="twitter-tweet" readability="6.7596566523605">
<p dir="ltr" lang="en" xml:lang="en">Julian Assange boards flight at London Stansted Airport at 5PM (BST) Monday June 24th. This is for everyone who worked for his freedom: thank you.<a href="https://twitter.com/hashtag/FreedJulianAssange?src=hash&#038;ref_src=twsrc%5Etfw" rel="nofollow">#FreedJulianAssange</a> <a href="https://t.co/Pqp5pBAhSQ" rel="nofollow">pic.twitter.com/Pqp5pBAhSQ</a></p>
<p>— WikiLeaks (@wikileaks) <a href="https://twitter.com/wikileaks/status/1805391265489731716?ref_src=twsrc%5Etfw" rel="nofollow">June 25, 2024</a></p>
</blockquote>
<p>“The deal reported today does not in any way mean that the struggle for media freedom has been futile; quite the opposite, it places governments on notice that a global movement will be mobilised whenever they blatantly threaten journalism in a similar way.</p>
<p>Percy said the espionage charges laid against Assange were a “grotesque overreach by the US government” and an attack on journalism and media freedom.</p>
<p>“The pursuit of Julian Assange has set a dangerous precedent that will have a potential chilling effect on investigative journalism,” she said.</p>
<p>“The stories published by WikiLeaks and other outlets more than a decade ago were clearly in the public interest. The charges by the US sought to curtail free speech, criminalise journalism and send a clear message to future whistleblowers and publishers that they too will be punished.”</p>
<p>Percy said was clearly in the public interest and it had “always been an outrage” that the US government sought to prosecute him for espionage for reporting that was published in collaboration with some of the world’s leading media organisations.</p>
<p>Julian Assange has been an MEAA member since 2007 and in 2011 WikiLeaks won the Outstanding Contribution to Journalism Walkley award, one of Australia’s most coveted journalism awards.</p>
<figure id="attachment_103176" aria-describedby="caption-attachment-103176" class="wp-caption alignnone"><figcaption id="caption-attachment-103176" class="wp-caption-text">WikiLeaks founder Julian Assange boarding his flight at Stansted airport on the first stage of his journey to Guam. Image: WikiLeaks</figcaption></figure>
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		<title>JERAA urges US to drop spy charges – return Assange to Australia</title>
		<link>https://eveningreport.nz/2024/02/18/jeraa-urges-us-to-drop-spy-charges-return-assange-to-australia/</link>
		
		<dc:creator><![CDATA[Asia Pacific Report]]></dc:creator>
		<pubDate>Sat, 17 Feb 2024 11:17:52 +0000</pubDate>
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		<guid isPermaLink="false">https://eveningreport.nz/2024/02/18/jeraa-urges-us-to-drop-spy-charges-return-assange-to-australia/</guid>

					<description><![CDATA[Pacific Media Watch The Journalism Education and Research Association of Australia (JERAA) has joined media freedom groups supporting Julian Assange, an Australian citizen whose unjust prosecution continues to undermine press freedoms and human rights. In light of recent developments and mounting concerns over Assange’s deteriorating health, JERAA said in a statement it had urged the ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/category/pacific-media-watch/" rel="nofollow">Pacific Media Watch</a><br /></em></p>
<p>The Journalism Education and Research Association of Australia (JERAA) has joined media freedom groups supporting Julian Assange, an Australian citizen whose unjust prosecution continues to undermine press freedoms and human rights.</p>
<p>In light of recent developments and mounting concerns over Assange’s deteriorating health, JERAA said in a statement it had urged the United States to drop all charges against Assange and facilitate his immediate return to Australia.</p>
<p>Assange, the founder of WikiLeaks, has been the subject of relentless persecution by the US government for his efforts to expose war crimes and government misconduct.</p>
<p>Assange received a Walkley Award in 2011 for outstanding contribution to journalism through Wikileaks, which included the release of the 2010 “collateral murder” video and the publication of classified US diplomatic cables, shedding light on atrocities committed by the US in Iraq and Afghanistan.</p>
<p>“It is concerning that Assange faces up to 175 years in jail if found guilty of espionage charges — a sentence that would effectively silence whistle-blowers and journalists worldwide,” JERAA said.</p>
<p>The association said it believed that Assange’s indictment set a dangerous precedent and posed a grave threat to the fundamental principles of press freedom and freedom of expression.</p>
<p><strong>‘Enough is enough’</strong><br />JERAA commended Prime Minister Anthony Albanese for his support in calling for Assange’s release and said it echoed his sentiment that “enough is enough.”</p>
<p>PM Albanese’s recent vote in the federal Parliament for a motion demanding Assange’s return to Australia underscores the legitimacy of our demand. The motion, which received overwhelming support, leaves no room for ambiguity — it is time to bring Assange home.</p>
<p><iframe loading="lazy" title="YouTube video player" src="https://www.youtube.com/embed/UaqY12VHFv4?si=Bxo3j_pJFj6_j1IA" width="560" height="315" frameborder="0" allowfullscreen="allowfullscreen">[embedded content]</iframe><br /><em>The WikiLeaks 2010 “collateral damage” video.         Video: Al Jazeera</em></p>
<p>As the UK High Court prepares to rule on Assange’s appeal against extradition in a two-day hearing next week (February 20-21), and with Prime Minister Albanese’s continued efforts to advocate for Assange’s release, JERAA has urged the US to heed the calls for justice and drop all charges against Assange.</p>
<p>It is imperative that Assange’s rights as an Australian citizen be respected, and that he be afforded the opportunity to return home.</p>
<p>JERAA president Associate Professor Alexandra Wake said that while some members might not agree with all Assange has done in his life, it was clear that his work was central to our “understanding of press freedoms and human rights”.</p>
<p>“JERAA upholds the principles of a free and independent press. It is time to end the trial of global media freedom,” she said.</p>
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		<title>RSF hails decision to award Nobel Peace Prize to Iranian journalist</title>
		<link>https://eveningreport.nz/2023/10/08/rsf-hails-decision-to-award-nobel-peace-prize-to-iranian-journalist/</link>
		
		<dc:creator><![CDATA[Asia Pacific Report]]></dc:creator>
		<pubDate>Sat, 07 Oct 2023 22:17:54 +0000</pubDate>
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					<description><![CDATA[Pacific Media Watch Reporters Without Borders (RSF) has hailed the news that Narges Mohammadi — an Iranian journalist RSF has been defending for years — has been awarded the Nobel Peace Prize for her “fight against the oppression of women in Iran,” her courage and determination. Persecuted by the Iranian authorities since the late 1990s ]]></description>
										<content:encoded><![CDATA[<p><a href="https://asiapacificreport.nz/category/pacific-media-watch/" rel="nofollow"><em>Pacific Media Watch</em></a></p>
<p>Reporters Without Borders (RSF) has hailed the news that <strong>Narges Mohammadi</strong> — an Iranian journalist RSF has been defending for years — has been awarded the Nobel Peace Prize for her “fight against the oppression of women in Iran,” her courage and determination.</p>
<p>Persecuted by the Iranian authorities since the late 1990s for her work, and imprisoned again since November 2021, she must be freed at once, <a href="https://rsf.org/en/rsf-hails-decision-award-nobel-peace-prize-iranian-journalist" rel="nofollow">RSF declared in a statement</a>.</p>
<p>“Speak to save Iran” is the title of one of the letters published by Mohammadi from Evin prison, near Tehran, where she has been serving a sentence of 10 years and 9 months in prison since 16 November 2021.</p>
<p>She has also been sentenced to hundreds of lashes. The maker of a documentary entitled <em>White Torture</em> and the author of a book of the same name, Mohammadi has never stopped denouncing the sexual violence inflicted on women prisoners in Iran.</p>
<p>It is this fight against the oppression of women that the Nobel Committee has just saluted by awarding the Peace Prize to this 51-year-old journalist and human rights activist, the former vice-president of the Defenders of Human Rights Centre, the Iranian human rights organisation that was created by Shirin Ebadi, the Iranian lawyer who was herself awarded the Nobel Peace Prize in 2003.</p>
<p>It is because of this fight that Mohammadi has been hounded by the Iranian authorities, who continue to <a href="https://rsf.org/en/call-release-narges-mohammadi-jailed-iranian-journalist-committed-exposing-violence-against-fellow" rel="nofollow">persecute</a> her in prison.</p>
<p>She has been denied visits and telephone calls since 12 April 2022, cutting her off from the world.</p>
<p><iframe loading="lazy" title="YouTube video player" src="https://www.youtube.com/embed/rC46hYXAe40?si=0se4Q0hp57y91yk1" width="560" height="315" frameborder="0" allowfullscreen="allowfullscreen">[embedded content]</iframe><br /><em>White Torture: The infamy of solitary confinement in Iran with Narges Mohammadi.</em></p>
<p><strong>New charges</strong><br />At the same time, the authorities in Evin prison have brought new charges to keep her in detention.</p>
<p>On August 4, her jail term was increased by a year after the publication of another of her letters about violence against fellow women detainees.</p>
<p>Mohammadi was awarded the <a href="https://rsf.org/en/rsf-press-freedom-awards-2022-ceremony-presence-nobel-peace-prize-laureate-dmitry-muratov" rel="nofollow">RSF Prize for Courage</a> on 12 December 2023. At the award ceremony in Paris, her two children, whom she has not seen for eight years, read one of the letters she wrote to them from prison.</p>
<p>“In this country, amid all the suffering, all the fears and all the hopes, and when, after years of imprisonment, I am behind bars again and I can no longer even hear the voices of my children, it is with a heart full of passion, hope and vitality, full of confidence in the achievement of freedom and justice in my country that I will spend time in prison,” she wrote.</p>
<p>She ended the letter with a call to keep alive “the hope of victory”.</p>
<p>RSF secretary-general Christophe Deloire said:</p>
<blockquote readability="13">
<p>“It is with immense emotion that I learn that the Nobel Peace Prize is being awarded to the journalist and human rights defender Narges Mohammadi.</p>
<p>At Reporters Without Borders (RSF), we have been fighting for her for years, alongside her husband and her two children, and with Shirin Ebadi. The Nobel Peace Prize will obviously be decisive in obtaining her release.”</p>
</blockquote>
<p>On June 7, RSF referred the unacceptable conditions in which Mohammadi is being detained to all of the relevant UN human rights bodies.</p>
<p>During an oral update to the UN Human Rights Council on July 5, the Independent International Fact-Finding Mission on the Islamic Republic of Iran expressed concern over the “continued detention of human rights defenders and lawyers defending the protesters, and at least 17 journalists”.</p>
<p>It is thanks to Mohammadi’s journalistic courage that the world knows what is happening in the Islamic Republic of Iran’s prisons, where 20 journalists are currently detained.</p>
<p>They included three other women: <a href="https://rsf.org/en/iran-journalist-elaheh-mohammadi-held-past-11-months-giving-voice-women" rel="nofollow">Elaheh Mohammadi</a>, <a href="https://rsf.org/en/niloofar-hamedi-imprisoned-journalist-who-covered-death-mahsa-amini-iran" rel="nofollow">Niloofar Hamedi</a> and <a href="https://rsf.org/en/iranian-journalist-gets-long-jail-term-satirical-comments-about-mullah-regime" rel="nofollow">Vida Rabbani</a>.</p>
<p><em>Pacific Media Watch collaborates with Reporters Without Borders.</em></p>
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		<title>Media watchdogs slam 16 new legal complaints against Ressa, Rappler</title>
		<link>https://eveningreport.nz/2022/04/06/media-watchdogs-slam-16-new-legal-complaints-against-ressa-rappler/</link>
		
		<dc:creator><![CDATA[Asia Pacific Report]]></dc:creator>
		<pubDate>Wed, 06 Apr 2022 10:17:57 +0000</pubDate>
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					<description><![CDATA[Pacific Media Watch newsdesk Ahead of national elections in the Philippines next month, the state has stepped up its attacks on Nobel Peave laureate Maria Ressa and the news outlet she leads, Rappler, reports the Paris-based Reporters Without Borders global media watchdog. “This dramatic escalation in the legal harassment of Maria Ressa and Rappler highlights ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/category/pacific-media-watch/" rel="nofollow">Pacific Media Watch</a> newsdesk</em></p>
<p>Ahead of national elections in the Philippines next month, the state has stepped up its attacks on Nobel Peave laureate Maria Ressa and the news outlet she leads, <em>Rappler</em>, <a href="https://rsf.org/en/news/philippines-rsf-and-hold-line-coalition-condemns-16-new-legal-complaints-against-maria-ressa-rappler" rel="nofollow">reports the Paris-based Reporters Without Borders global media watchdog</a>.</p>
<p>“This dramatic escalation in the legal harassment of Maria Ressa and <em>Rappler</em> highlights the urgent need for the Philippines’ to decriminalise libel and do away with laws that are repeatedly abused to persecute journalists whose reporting exposes public wrongdoing,” said the Hold the Line Coalition Steering Committee.</p>
<p>“The state’s blatant attempts to suppress <em>Rappler’s</em> election-related fact-checking services is an unacceptable attempt to cheat the public of their right to accurate information, which is critical during elections.”</p>
<p>The Philippines president election is on May 9.</p>
<p><a href="https://www.rappler.com/nation/quiboloy-workers-file-dozen-cyber-libel-complaints-against-rappler/" rel="nofollow">Fourteen new cyber libel complaints</a> have been made against <em>Rappler</em> in recent weeks, naming several journalists and their sources in connection with <a href="https://www.rappler.com/newsbreak/investigative/stolen-lives-lost-identities-quiboloy-ex-followers-traumatized-years/" rel="nofollow">reporting on President Rodrigo Duterte’s pastor Apollo Quiboloy</a>, who is on the FBI’s “most wanted” list, and eight of his followers.</p>
<p>Quiboloy and his associates were charged with conspiracy to engage in sex trafficking by force, fraud and coercion; sex trafficking of children; marriage fraud; fraud, and misuse of visas; and various money laundering offences.</p>
<p>Quiboloy’s company Sonshine Media Network International (SMNI), which has <a href="https://www.rappler.com/technology/social-media/apollo-quiboloy-sonshine-media-network-disinformation-attacks-government-critics/" rel="nofollow">attacked independent journalists and news outlets</a> reporting critically on the Duterte administration, was recently <a href="https://www.rappler.com/business/channel-43-used-by-abs-cbn-goes-apollo-quiboloy-smni/" rel="nofollow">granted a TV licence</a> by the government.</p>
<p>However, <em>Rappler</em> reports today that a panel of prosecutors in Manila has thrown out seven cyber libel complaints filed against Rappler Incorporated, four journalists, an academic, and three former members of Quiboloy’s Davao-based Kingdom of Jesus Christ (KOJC) in connection with a series of news reports and interviews about the influential doomsday preacher.</p>
<p>In addition to these cases, Ressa has been named personally as one of 17 reporters, editors and executives, and seven news organisations in cyber libel complaints brought by Duterte government cabinet minister Energy Secretary Alfonso Cusi.</p>
<p><strong>Legal harassment</strong><br /><a href="https://www.rappler.com/nation/cusi-sues-rappler-other-news-organizations-libel-malampaya-dennis-uy-reports/" rel="nofollow">He alleges Ressa and the other named individuals</a> and organisations “publicly accused [him] of graft” by <a href="https://www.rappler.com/business/citizens-file-complaint-vs-cusi-dennis-uy-over-malampaya-buyout/" rel="nofollow">reporting on a graft suit</a> filed against him and a businessman.</p>
<p>Cusi is demanding each of the accused pay him 200 million pesos (nearly US$4 million) in damages.</p>
<p>Ressa did not write the article published by <em>Rappler</em>.</p>
<p>If the authorities choose to prosecute these cases, they will become criminal charges with potentially heavy jail sentences attached.</p>
<p>Having already been convicted of one criminal cyber libel charge, which is under appeal, and facing multiple other pre-existing legal cases, <a href="https://www.foreign.senate.gov/imo/media/doc/033022_Ressa_Testimony.pdf" rel="nofollow">Ressa testified before the US Senate</a> last week about the state-enabled legal harassment she experiences:</p>
<blockquote readability="7">
<p>“All told, I could go to jail for the rest of my life. Because I refuse to stop doing my job as a journalist. Because Rappler holds the line and continues to protect the public sphere.”</p>
</blockquote>
<p>In parallel, <em>Rappler</em> is facing another legal challenge, with the <a href="https://www.rappler.com/nation/elections/calida-petition-supreme-court-void-comelec-fact-check-deal-violating-free-speech/" rel="nofollow">Philippines’ Solicitor-General petitioning the Supreme Court</a> to void <em>Rappler’s</em> fact-checking agreement with the Commission of Elections (COMELEC).</p>
<p><strong>Countering disinformation</strong><br />As a result, this collaboration between <em>Rappler</em> and COMELEC designed to counter disinformation associated with the presidential poll has been temporarily halted — just over a month from the election.</p>
<p>“This new wave of cases and complaints, which represents an egregious attack on press freedom, is designed to undermine the essential work of fact-checking and critical reporting during elections — acts which help uphold the integrity of democratic processes.</p>
<p>“<em>Rappler</em> must be allowed to perform the essential public service of exposing falsehoods, particularly during the election period, even when these prove politically damaging for those in power,” the coalition said.</p>
<p>The Philippines is ranked 138th out of 180 countries in <a href="https://rsf.org/en/ranking" rel="nofollow">RSF’s 2021 World Press Freedom Index</a>.</p>
<p><em>Statement by <a href="mailto:jposetti@icfj.org" rel="nofollow">Julie Posetti</a> (ICFJ), <a href="mailto:gguillenkaiser@cpj.org" rel="nofollow">Gypsy Guillén Kaiser</a> (CPJ), and <a href="mailto:dbastard@rsf.org" rel="nofollow">Daniel Bastard</a> (RSF) on behalf of the Hold the Line Coalition.</em></p>
<ul>
<li>The #HTL Coalition comprises more than 80 organisations around the world. This statement is issued by the #HoldTheLine Steering Committee, but it does not necessarily reflect the position of all or any individual coalition members or organisations.</li>
</ul>
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		<title>Taliban ‘journalism rules’ open way to censorship, persecution, warns RSF</title>
		<link>https://eveningreport.nz/2021/09/24/taliban-journalism-rules-open-way-to-censorship-persecution-warns-rsf/</link>
		
		<dc:creator><![CDATA[Asia Pacific Report]]></dc:creator>
		<pubDate>Fri, 24 Sep 2021 03:17:59 +0000</pubDate>
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					<description><![CDATA[Asia Pacific Report newsdesk Reporters Without Borders (RSF) says it is very disturbed by the “11 journalism rules” that the Taliban announced at a meeting with news media on September 19. The rules that Afghan journalists will now have to implement are vaguely worded, dangerous and liable to be used to persecute them, the Paris-based ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/category/pacific-media-watch/" rel="nofollow">Asia Pacific Report</a> newsdesk</em></p>
<p>Reporters Without Borders (RSF) says it is very disturbed by the “11 journalism rules” that the Taliban announced at a meeting with news media on September 19.</p>
<p>The rules that Afghan journalists will now have to implement are vaguely worded, dangerous and liable to be used to persecute them, the Paris-based global media freedom watchdog said.</p>
<p>Working as a journalist will now mean complying strictly with the 11 rules unveiled by Qari Mohammad Yousuf Ahmadi, the interim director of the Government Media and Information Centre (GMIC).</p>
<p>At first blush, some of them might seem reasonable, as they include an obligation to respect “the truth” and not “distort the content of the information”, said RSF.</p>
<p>But in reality they were “extremely dangerous” because they opened the way to censorship and persecution.</p>
<p>“Decreed without any consultation with journalists, these new rules are spine-chilling because of the coercive use that can be made of them, and they bode ill for the future of journalistic independence and pluralism in Afghanistan,” RSF secretary-general Christophe Deloire said.</p>
<p>“They establish a regulatory framework based on principles and methods that contradict the practice of journalism and leave room for oppressive interpretation, instead of providing a protective framework allowing journalists — including women — to go back to work in acceptable conditions.</p>
<p><strong>‘Tyranny and persecution’<br /></strong> “These rules open the way to tyranny and persecution.”</p>
<p>The first three rules, which forbid journalists to broadcast or publish stories that are “contrary to Islam,” “insult national figures” or violate “privacy,” are loosely based on Afghanistan’s existing national media law, which also incorporated a requirement to comply with international norms, including Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.</p>
<p>The absence of this requirement in the new rules opens the door to censorship and repression, because there is no indication as to who determines, or on what basis it is determined, that a comment or a report is contrary to Islam or disrespectful to a national figure.</p>
<p>Three of the rules tell journalists to conform to what are understood to be ethical principles:</p>
<ul>
<li>They must “not try to distort news content”;</li>
<li>They must “respect journalistic principles”; and</li>
<li>They “must ensure that their reporting is balanced”.</li>
</ul>
<p>But the absence of reference to recognised international norms means that these rules can also be misused or interpreted arbitrarily.</p>
<p>Rules 7 and 8 facilitate a return to news control or even prior censorship, which has not existed in Afghanistan for the past 20 years.</p>
<p><strong>‘Handled carefully’</strong><br />They state that, “matters that have not been confirmed by officials at the time of broadcasting or publication should be treated with care” and that “matters that could have a negative impact on the public’s attitude or affect morale should be handled carefully when being broadcast or published”.</p>
<p>The danger of a return to news control or prior censorship is enhanced by the last two rules (10 and 11), which reveal that the GMIC has “designed a specific form to make it easier for media outlets and journalists to prepare their reports in accordance with the regulations,” and that from now on, media outlets must “prepare detailed reports in coordination with the GMIC”.</p>
<p>The nature of these “detailed reports” has yet to be revealed.</p>
<p>The ninth rule, requiring media outlets to “adhere to the principle of neutrality in what they disseminate” and “only publish the truth,” could be open to a wide range of interpretations and further exposes journalists to arbitrary reprisals.</p>
<p>Afghanistan was ranked 122nd out of 180 countries in the <a href="https://rsf.org/en/ranking" rel="nofollow">2021 World Press Freedom Index</a> that RSF published in April.</p>
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		<title>Australia &#8211; It’s time whistleblowers had better protection</title>
		<link>https://eveningreport.nz/2019/08/13/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555/</link>
		
		<dc:creator><![CDATA[The Conversation]]></dc:creator>
		<pubDate>Mon, 12 Aug 2019 20:01:45 +0000</pubDate>
				<category><![CDATA[Academic Analysis]]></category>
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		<category><![CDATA[Australia]]></category>
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					<description><![CDATA[Source: The Conversation (Au and NZ) &#8211; By A J Brown, Professor of Public Policy &#38; Law, Centre for Governance &#38; Public Policy, Griffith University Never has the case for law reform to properly protect public-interest whistleblowers been so stark. Today, the public hearings into press freedom begin, following the “seismic” raids on media organisations ]]></description>
										<content:encoded><![CDATA[<p><a href="https://theconversation.com/au/" rel="nofollow">Source: The Conversation (Au and NZ)</a> &#8211; By A J Brown, Professor of Public Policy &amp; Law, Centre for Governance &amp; Public Policy, Griffith University</p>
<p><p>Never has the case for law reform to properly protect public-interest whistleblowers been so stark.</p>
<p>Today, the <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/FreedomofthePress" rel="nofollow">public hearings</a> into press freedom begin, following the “<a href="https://www.abc.net.au/news/2019-06-07/ita-buttrose-statement-in-full-on-afp-raids-on-abc/11189266" rel="nofollow">seismic</a>” raids on media organisations in early June.</p>
<p>A broader <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/PressFreedom" rel="nofollow">Senate inquiry</a> into protecting public whistleblowing is hot on its heels. This builds on a <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Corporations_and_Financial_Services/WhistleblowerProtections/Report" rel="nofollow">2017 parliamentary inquiry</a>, which recommended reforms only partially implemented.</p>
<hr/>
<p><em><strong>Read more: <a href="http://theconversation.com/dutton-directive-gives-journalists-more-breathing-space-but-not-whistleblowers-121730" rel="nofollow">Dutton directive gives journalists more breathing space, but not whistleblowers</a></strong></em></p>
<hr/>
<p>Yesterday, a <a href="https://www.abc.net.au/news/2019-08-12/ato-whistleblower-richard-boyle-to-launch-crowdfunding-campaign/11387694" rel="nofollow">crowdfunding campaign</a> for Richard Boyle’s legal defence was launched. Boyle is charged with 66 offences for disclosing concerns about oppressive debt collection by the Australian Taxation Office in Adelaide.</p>
<p>What’s more, the unknown Australian Secret Intelligence Service agent “Witness K” last week <a href="https://www.theguardian.com/australia-news/2019/aug/06/witness-k-to-plead-guilty-in-timor-leste-spying-case-but-lawyer-to-fight-charges" rel="nofollow">pleaded guilty</a> to exposing secrets by revealing Australia bugged Timor Leste government buildings during treaty negotiations in 2004.</p>
<p>Witness K’s legal advisor, Bernard Collaery – still fighting his own charges – <a href="https://www.theguardian.com/australia-news/2019/aug/10/witness-k-and-the-outrageous-spy-scandal-that-failed-to-shame-australia" rel="nofollow">described the prosecution</a> as:</p>
<blockquote>
<p>a very determined push to hide dirty political linen […] under the guise of national security imperatives.</p>
</blockquote>
<p>The trouble is, Australian laws make it inevitable for whistleblowers to be charged whenever national security <em>might</em> be involved – even when, in theory, they’re intended to protect public interest whistleblowing.</p>
<figure class="align-center zoomable"><a href="https://images.theconversation.com/files/287663/original/file-20190812-71901-mc7okr.jpg?ixlib=rb-1.1.0&#038;q=45&#038;auto=format&#038;w=1000&#038;fit=clip" rel="nofollow"><img alt=""src="https://eveningreport.nz/wp-content/uploads/2019/08/ile-20190812-71901-mc7okr-jpg.jpg" srcset="https://images.theconversation.com/files/287663/original/file-20190812-71901-mc7okr.jpg?ixlib=rb-1.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=466&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/287663/original/file-20190812-71901-mc7okr.jpg?ixlib=rb-1.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=466&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/287663/original/file-20190812-71901-mc7okr.jpg?ixlib=rb-1.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=466&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/287663/original/file-20190812-71901-mc7okr.jpg?ixlib=rb-1.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=586&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/287663/original/file-20190812-71901-mc7okr.jpg?ixlib=rb-1.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=586&#038;fit=crop&#038;dpr=2 1508w, https://eveningreport.nz/wp-content/uploads/2019/08/ile-20190812-71901-mc7okr-jpg.jpg 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"/></a><figcaption><span class="caption">Richard Boyle exposed abuse of power inside the ATO, including aggressive debt collection practices.</span> <span class="attribution source">David Mariuz/AAP</span></figcaption></figure>
<h2>Most whistleblowers don’t go public</h2>
<p><a href="https://news.griffith.edu.au/2019/08/07/worlds-largest-whistleblowing-project-throws-weight-behind-reforms/" rel="nofollow">New research</a> – the world’s largest on whistleblowing – demonstrates the importance of whistleblower protection to public integrity and regulatory systems like never before.</p>
<p>Released last week, our <a href="http://www.whistlingwhiletheywork.edu.au/?p=1029" rel="nofollow">Clean As A Whistle</a> study reports on whistleblowing policies in 699 public and private sector organisations, and the experience of 17,778 employees in 46 of them. This includes 5,055 who raised concerns about wrongdoing, internally and outside their organisation.</p>
<p>The study confirms just how rare <em>public</em> whistleblowing is, even though whistleblowing <em>within</em> organisations is the lifeblood of integrity. In fact, whistleblowing is ranked as the single most important way wrongdoing is brought to light, leading to action or reform more than 60% of the time.</p>
<hr/>
<p><em><strong>Read more: <a href="http://theconversation.com/parliamentary-press-freedom-inquiry-letting-the-fox-guard-the-henhouse-119820" rel="nofollow">Parliamentary press freedom inquiry: letting the fox guard the henhouse</a></strong></em></p>
<hr/>
<p>In our study, 98% of whistleblowers raised their concerns internally. Only 2% went outside their organisations in the first instance. Even when whistleblowers feel forced to go outside, it is rarely directly to the media. In fact,</p>
<ul>
<li>only 16% of reporters ever went to an external regulatory body</li>
<li>of the 20% of reporters who ever went public, 19% went to a union, professional association or industry body. Only 1% of whistleblowers ever went directly to a journalist, media organisation or public website.</li>
</ul>
<p>These data show there’s hardly a crisis of leaking and external disclosure of information in Australian institutions.</p>
<p>As our research highlights, Australia’s whistleblowing laws need many reforms to make protections real – including a properly resourced whistleblower protection authority. But reform of public disclosure rules is especially critical.</p>
<h2>The latest laws to protect whistleblowers don’t go far enough</h2>
<p>The government’s <a href="https://theconversation.com/its-a-new-era-for-australias-whistleblowers-in-the-private-sector-119596" rel="nofollow">latest improvements</a> to whistleblower protection laws, for the private sector, try to recognise the principle that whistleblowers should remain protected if they need to go public.</p>
<hr/>
<p><em><strong>Read more: <a href="http://theconversation.com/its-a-new-era-for-australias-whistleblowers-in-the-private-sector-119596" rel="nofollow">It&#8217;s a new era for Australia&#8217;s whistleblowers – in the private sector</a></strong></em></p>
<hr/>
<p>The improvements include a “three-tiered” approach to protect internal, regulatory and public disclosures. Pioneered in NSW, and expanded in the UK, this is now reflected in seven of Australia’s nine public sector whistleblowing laws, as well as amendments to the <a href="https://www.legislation.gov.au/Details/C2019C00216" rel="nofollow">Corporations Act</a>.</p>
<p><a href="https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_767_homepage.html" rel="nofollow">Legislation</a> from Western Australia uses a simple test to determine when public whistleblowing should be protected. Protection applies wherever an agency has refused to investigate, has not completed an investigation within six months, or has investigated but failed to recommend action.</p>
<p>But the equivalent federal law has been crippled by blanket prohibitions on certain types of information, especially anything connected with national security or “intelligence”, since inception in 2013.</p>
<p>Now, these <a href="https://theconversation.com/four-laws-that-need-urgent-reform-to-protect-both-national-security-and-press-freedom-118994" rel="nofollow">fundamental flaws</a> in our laws are embarrassing everyone from the AFP to the government itself, triggering criminal investigations and charges against whistleblowers, irrespective of the public interest.</p>
<hr/>
<p><em><strong>Read more: <a href="http://theconversation.com/four-laws-that-need-urgent-reform-to-protect-both-national-security-and-press-freedom-118994" rel="nofollow">Four laws that need urgent reform to protect both national security and press freedom</a></strong></em></p>
<hr/>
<h2>Punishment for revealing any intelligence information, any at all</h2>
<p>These flaws mean fraud, corruption or criminal behaviour in any activity vaguely touched by intelligence agency functions cannot be revealed to the public, even when the same disclosure about any other agency would be protected.</p>
<p>The key problem is section 41 of the <a href="https://www.legislation.gov.au/Details/C2019C00026" rel="nofollow">Public Interest Disclosure Act 2013</a> (PID Act). It says protection can never be given to someone who revealed “intelligence information” to the public. This is defined as anything which “has originated with, or has been received from, an intelligence agency”.</p>
<p>It doesn’t matter how grievous the wrongdoing was – or even that revealing it would not actually harm any security or intelligence interests. If it is connected in any way to the agency, the whistleblower will still be punished.</p>
<p>The same is true of the poorly-named exclusion of “inherently harmful information” from disclosure under sections 121 and 122 of the <a href="https://www.legislation.gov.au/Details/C2019C00043/Html/Volume_1" rel="nofollow">Criminal Code</a>.</p>
<p>Contrary to its name, the information excluded from whistleblower protection doesn’t necessarily need to be harmful. Instead, it refers to any information with security classification, or, like the PID act, any record “obtained by, or made by or on behalf of” an intelligence agency.</p>
<hr/>
<p><em><strong>Read more: <a href="http://theconversation.com/explainer-what-are-the-media-companies-challenges-to-the-afp-raids-about-119382" rel="nofollow">Explainer: what are the media companies&#8217; challenges to the AFP raids about?</a></strong></em></p>
<hr/>
<p>The inappropriateness of these blanket exclusions was vividly confirmed last week. <a href="https://www.smh.com.au/politics/federal/peter-dutton-orders-afp-to-lift-the-bar-for-investigating-journalists-ahead-of-major-inquiry-20190809-p52fos.html" rel="nofollow">Peter Dutton directed the AFP</a> to only investigate secrecy breaches by journalists when the case includes:</p>
<blockquote>
<p>a harm statement indicating the extent to which the disclosure is expected to significantly compromise Australia’s national security.</p>
</blockquote>
<p>But why is this “harm test” not already the basis of the law in the first place?</p>
<p>Unless we extend the protections applying to public whistleblowing, we cannot expect the public to take the rest of our whistleblowing regimes seriously. And the effect will be chilling on all reporting of wrongdoing on which public integrity daily depends.</p>
</p>
<p>&#8211; <em>ref. From Richard Boyle and Witness K to media raids: it’s time whistleblowers had better protection &#8211; <a href="http://theconversation.com/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555" rel="nofollow">http://theconversation.com/from-richard-boyle-and-witness-k-to-media-raids-its-time-whistleblowers-had-better-protection-121555</a></em></p>
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		<title>Media raids raise questions about AFP&#8217;s power and weak protection for journalists and whistleblowers</title>
		<link>https://eveningreport.nz/2019/06/06/media-raids-raise-questions-about-afps-power-and-weak-protection-for-journalists-and-whistleblowers-118328/</link>
		
		<dc:creator><![CDATA[The Conversation]]></dc:creator>
		<pubDate>Thu, 06 Jun 2019 03:16:01 +0000</pubDate>
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		<guid isPermaLink="false">https://eveningreport.nz/2019/06/06/media-raids-raise-questions-about-afps-power-and-weak-protection-for-journalists-and-whistleblowers-118328/</guid>

					<description><![CDATA[Source: The Conversation (Au and NZ) &#8211; By Denis Muller, Senior Research Fellow in the Centre for Advancing Journalism, University of Melbourne In their raids on media organisations, journalists and whistleblowers, the Australian Federal Police have shown themselves to be the tool of a secretive, ruthless and vindictive executive government. Secretive because the extensive web ]]></description>
										<content:encoded><![CDATA[<p><a href="https://theconversation.com/au/" rel="nofollow">Source: The Conversation (Au and NZ)</a> &#8211; By Denis Muller, Senior Research Fellow in the Centre for Advancing Journalism, University of Melbourne</p>
<p>In <a href="https://theconversation.com/why-the-raids-on-australian-media-present-a-clear-threat-to-democracy-118334" rel="nofollow">their raids</a> on media organisations, journalists and whistleblowers, the Australian Federal Police have shown themselves to be the tool of a secretive, ruthless and vindictive executive government.</p>
<p>Secretive because the extensive web of laws passed under the rubric of national security, on top of the secrecy provisions of the Commonwealth Crimes Act, gives the executive wide powers to classify as secret anything it wishes to hide. As the former investigative reporter Ross Coulthart <a href="https://www.smh.com.au/opinion/metadata-access-is-putting-whistleblowers-journalists-and-democracy-at-risk-20150504-1mzfi0.html" rel="nofollow">once memorably said</a>, it could include the office Christmas card.</p>
<hr />
<p><em><strong>Read more: <a href="http://theconversation.com/why-the-raids-on-australian-media-present-a-clear-threat-to-democracy-118334" rel="nofollow">Why the raids on Australian media present a clear threat to democracy</a></strong></em></p>
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<p>Ruthless because the stories revealed by whistleblowers and reporters targeted by the AFP and other security agencies have offered accounts of cruelty, misconduct, dishonesty and slyness. These include:</p>
<p>Vindictive because in the most recent two cases it has taken more than a year after publication for the AFP to take action, revealing how utterly lacking in any real threat to national security the leaks and publications were.</p>
<p>It follows that these raids are a naked attempt to take revenge on whistleblowers and intimidate the journalists who published their stories.</p>
<p>As for the AFP, while it is true they are acting in response to references from other government agencies, it raises questions about the way they exercise their vaunted operational independence.</p>
<p>What weight do they give to how real a threat to national security is posed by any particular leak? What weight do they give to the imperative that leakers be made an example of and journalists be intimidated? Or do they just want to show the rest of the executive branch that they are on the team?</p>
<p>In addition to this question of AFP culture, many interrelated factors have brought Australia to this point – a clear and present danger to freedom of the press.</p>
<p>One is the catch-all nature of <a href="https://www.abc.net.au/mediawatch/transcripts/0833_crimesact.pdf" rel="nofollow">section 70 of the Commonwealth Crimes Act</a>. This makes it an offence punishable by up to two years’ jail for a public servant or former public servant to make an unauthorised disclosure of any fact or document they come across in their role as a public servant.</p>
<p>Another is the vast body of national security laws — about 70 of them at last count.</p>
<p>In the context of press freedom, one of the most oppressive is the so-called <a href="https://theconversation.com/the-security-benefits-of-warrantless-surveillance-are-as-clear-as-mud-49278" rel="nofollow">metadata law of 2015</a>, which makes it relatively easy for the police and security forces to carry out electronic surveillance of communications between <a href="https://theconversation.com/why-the-raids-on-australian-media-present-a-clear-threat-to-democracy-118334" rel="nofollow">journalists and their sources</a>.</p>
<p>Not only do these laws provide for the criminal prosecution of journalists, they also contain very limited public-interest defences. In many instances, they reverse the onus of proof, so the journalist has to prove a defence rather than the prosecution having to prove guilt.</p>
<p>A third factor is the Commonwealth’s weak whistleblower protection law, the <a href="https://www.legislation.gov.au/Details/C2013A00133" rel="nofollow">Public Interest Disclosure Act</a>. This offers no specific protection for a whistleblower who goes to the media, even after he or she has tried to get the wrongdoing corrected internally. We are seeing this play out in the courts now with the prosecution of <a href="https://www.abc.net.au/news/2019-06-04/ato-whistleblower-richard-boyle-appears-in-adelaide-court/11177268" rel="nofollow">Tax Office whistleblower Richard Boyle</a>.</p>
<p>Three government ministers — Prime Minister <a href="https://www.abc.net.au/news/2019-06-06/scott-morrison-questioned-on-press-freedom-after-afp-raids/11184058" rel="nofollow">Scott Morrison</a>, Treasurer <a href="https://www.canberratimes.com.au/story/6200863/police-raid-abc-offices-journalists-home/" rel="nofollow">Josh Frydenberg</a> and Attorney-General Christian Porter — have all batted away questions about the latest police raids, taking refuge in saying it is the law taking its course.</p>
<p>That is not the point. The point is that the politicians have constructed a repressive legal regime designed to protect the executive branch of government, impede accountability to the public and exert a chilling effect on the press.</p>
<p>This is not a party-political argument. Labor has largely supported the creation of this regime, although to be fair it has forced through some amendments to give some protection to journalists.</p>
<p>A fourth factor is that Australia is alone among the “<a href="https://theconversation.com/explainer-how-the-australian-intelligence-community-works-94422" rel="nofollow">Five Eyes</a>” countries that make up the West’s main intelligence network in having no constitutional protection for freedom of the press. The US, Britain, Canada and New Zealand all have this protection in some form.</p>
<p>Finally, laws that do exist in Australia to protect journalists’ sources offer no protection from police raids and electronic surveillance.</p>
<p>These laws – called “shield laws” because they are designed to shield the identity of confidential sources – apply only in court proceedings. They allow a journalist to claim a privilege against disclosing information that may identify a confidential source. The court then has to weigh up the consequences of forcing the journalist to identify the source.</p>
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<p><em><strong>Read more: <a href="http://theconversation.com/why-shield-laws-can-be-ineffective-in-protecting-journalists-sources-101106" rel="nofollow">Why shield laws can be ineffective in protecting journalists&#8217; sources</a></strong></em></p>
<hr />
<p>If a source is identified by electronic surveillance or seizure of files or electronic devices, the journalist is powerless to keep any promise of confidentiality.</p>
<p>We are back to the days when communicating with confidential sources can be done safely only through snail mail or – after leaving mobile devices behind – in underground car parks.</p>
<p>&#8211; <em>ref. Media raids raise questions about AFP&#8217;s power and weak protection for journalists and whistleblowers &#8211; <a href="http://theconversation.com/media-raids-raise-questions-about-afps-power-and-weak-protection-for-journalists-and-whistleblowers-118328" rel="nofollow">http://theconversation.com/media-raids-raise-questions-about-afps-power-and-weak-protection-for-journalists-and-whistleblowers-118328</a></em></p>
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		<title>Bryce Edwards&#8217; Political Roundup: The Media&#8217;s fraught role in the Jami-Lee Ross scandal</title>
		<link>https://eveningreport.nz/2018/11/16/bryce-edwards-political-roundup-the-medias-fraught-role-in-the-jami-lee-ross-scandal/</link>
		
		<dc:creator><![CDATA[Bryce Edwards]]></dc:creator>
		<pubDate>Fri, 16 Nov 2018 04:28:02 +0000</pubDate>
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		<guid isPermaLink="false">https://eveningreport.nz/?p=19033</guid>

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<h1 class="null">Bryce Edwards&#8217; Political Roundup: The Media&#8217;s fraught role in the Jami-Lee Ross scandal</h1>


[caption id="attachment_13635" align="alignleft" width="150"]<a href="https://eveningreport.nz/wp-content/uploads/2016/11/Bryce-Edwards-1.jpeg"><img decoding="async" class="size-thumbnail wp-image-13635" src="https://eveningreport.nz/wp-content/uploads/2016/11/Bryce-Edwards-1-150x150.jpeg" alt="" width="150" height="150" srcset="https://eveningreport.nz/wp-content/uploads/2016/11/Bryce-Edwards-1-150x150.jpeg 150w, https://eveningreport.nz/wp-content/uploads/2016/11/Bryce-Edwards-1-300x300.jpeg 300w, https://eveningreport.nz/wp-content/uploads/2016/11/Bryce-Edwards-1-65x65.jpeg 65w, https://eveningreport.nz/wp-content/uploads/2016/11/Bryce-Edwards-1.jpeg 400w" sizes="(max-width: 150px) 100vw, 150px" /></a> Dr Bryce Edwards.[/caption]
<strong>The media has played a central role in this year&#8217;s huge scandal involving MP Jami-Lee Ross. Journalists, broadcasters, and political commentators have reported on the scandal – including choosing to withhold some information – and interpreted it all. Inevitably questions have been asked about how well the media have performed, and the decisions they have made.</strong>
<strong>I raised some of these issues in my column yesterday, <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=86a76e3b3f&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Lifting the bedsheets on MPs&#8217; private lives</a>. Further questions include how much the media have influenced the scandal themselves, in terms of what they&#8217;ve decided to report and not report, and the role some in the media have played in their interactions with the political players.</strong>
<strong>What to report and what to leave hidden?</strong>
[caption id="attachment_18102" align="aligncenter" width="960"]<a href="https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross.jpg"><img fetchpriority="high" decoding="async" class="size-full wp-image-18102" src="https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross.jpg" alt="" width="960" height="960" srcset="https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross.jpg 960w, https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross-150x150.jpg 150w, https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross-300x300.jpg 300w, https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross-768x768.jpg 768w, https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross-696x696.jpg 696w, https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross-420x420.jpg 420w, https://eveningreport.nz/wp-content/uploads/2018/10/Jami-Lee-Ross-65x65.jpg 65w" sizes="(max-width: 960px) 100vw, 960px" /></a> Former National Party MP, and current independent Member of Parliament, Jami-Lee Ross.[/caption]
The media face plenty of tough decisions about what to report in politics, especially in incredibly fraught cases such as the Jami-Lee Ross scandal. One of the biggest issues the media have been grappling with is whether to name the National MP who was reported to be in a three-year relationship with Ross, and who anonymously made allegations about his behaviour in Melanie Reid and Cass Mason&#8217;s report,<a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=30de32ff8d&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer"> Jami-Lee Ross: Four women speak out</a>. The same National MP was also reported to have sent Ross the infamous abusive text message in which she told him, &#8220;You deserve to die.&#8221;
Journalists and newsrooms around the country continue to debate whether the National MP should continue to have her name kept from the public. Veteran political journalist, Richard Harman raised this on the <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=e36bbb6568&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Kiwi Journalists Association Facebook page</a>: &#8220;Like most political journalists, I believe I know who that MP is&#8230; The inexorable pressure is now moving towards naming the MP. It&#8217;s a very difficult ethical issue. I certainly have emails from people on the left making the same allegation as Whaleoil — that the Press Gallery is party to a cover-up. But equally at what point does this simply become prurient gossip?&#8221;
What follows is a fascinating debate amongst journalists, with varying views. Journalist, Graham Adams argues in favour of disclosure and is worth quoting at length: &#8220;My view is that she should be named (and I think most of the media are waiting for someone else to do it first!). Until she is named, it casts suspicion on other female MPs who are not involved, which is unfair. Also, the female MP whose name has been frequently mentioned on social media represents a conservative electorate, is socially conservative herself and has promoted family values from her first days in Parliament. I think the public should always been told when an MP&#8217;s publicly professed values are at sharp variance to their own private behaviour. That is an obligation the media should fulfil. Furthermore, she has no right to privacy when she has anonymously and publicly shamed Jami-Lee Ross in the Newsroom piece by Melanie Reid. She&#8217;s an MP and a highly educated professional whose actions should be held to account. If she had any courage, she would come clean herself.&#8221;
Adams then wrote in more detail about the whole issue, suggesting the media, and parliamentary press gallery in particular, can be accused of a &#8220;cover-up&#8221; by not reporting on the anonymous National MP – see: <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=48dcc46c3b&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">The Jami-Lee Ross saga: Questions around cover-ups continue</a>.
He also raises the issue of whether the media is being inconsistent, and is going easy on the National MP because she is powerful. The comparison is made with the media choosing in 2013 to publish the identity of the woman who had an affair with then then mayor of Auckland, Len Brown: &#8220;The fact that five years later the media is so coy about naming a married National MP who anonymously gave Newsroom highly personal details about her relationship with another married National MP inevitably raises uncomfortable questions — including whether there is one rule for Parliament which has a dedicated press gallery that operates in a symbiotic relationship with politicians and another for councils which don&#8217;t. A casual observer might conclude that when you&#8217;re a woman like Chuang who is an ambitious nobody you&#8217;re fair game but when you&#8217;re a woman like the National MP who is an ambitious somebody the media will protect you.&#8221;
The Southland Times also favours disclosure of the woman&#8217;s name. In the editorial, <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=44160f50f3&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">&#8216;Moving on&#8217; is not acceptable</a>, the newspaper argues that the MP is a &#8220;hypocrite&#8221; for not abiding by National&#8217;s core value of &#8220;Personal Responsibility&#8221;. The paper raises whether the women&#8217;s abusive text to Ross &#8220;could be a breach of the Harmful Digital Communication Act&#8221;, and whether she therefore can &#8220;really stay in her role as an MP&#8221;. The newspaper elaborates on this issue in second editorial, <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=a20563f64b&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Another issue arises from the Ross case</a>.
The Listener&#8217;s Jane Clifton discusses how gender issues also come into the debate: &#8220;Until now, the line in the sand has been the hypocrisy test. Outside the old News of the World wilds, the journalistic orthodoxy has always been that such personal indiscretions as boozing or illicit affairs go unreported unless the public figure concerned is guilty of obvious double-standards. #MeToo shifted the public interest sand line to: was there an imbalance of power, and/or abuse?&#8221; – see: <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=14cbf75ac8&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Why you should never say &#8216;now I&#8217;ve seen everything&#8217; in politics</a>.
On Facebook Graham Adams takes the view that it&#8217;s actually her gender that is protecting her from being outed: &#8220;I imagine that if gender roles had been reversed and a man had sent a similar text to the female MP that included personal abuse (including calling her fat and sweaty) and telling her that she &#8216;deserved to die&#8217;, he would have been outed just as soon as his identity had been established. Not many journalists would have hesitated. And he would have been widely and viciously pilloried for it. The MP has successfully cast herself as a victim despite her rank in society as an MP and a successful professional, which is presumably why journalists are hesitant to name her.&#8221;
<strong>The Press Gallery&#8217;s role in the Jami-Lee Ross scandal</strong>
As the above debate shows, some are questions about the role of the Press Gallery journalists in how the whole scandal has been covered, and what that says about their proximately to those in power. Certainly, there has always been a complex and symbiotic relationship between journalists and politicians – they rely on each other for the communication of politics to the public. Journalists need MPs to provide them with content for stories, and MPs need the media to distribute their news and views.
But does that mean journalists end up being compromised or complicit in the political agendas of the various political actors? Chris Trotter definitely thinks so – see his Otago Daily Times column <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=ce4c7dca52&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Too close for comfort</a>. Here&#8217;s Trotter&#8217;s main question: &#8220;What is the electorate supposed to do if those entrusted with reporting the actions of the principal political players, themselves become important actors in the drama?&#8221;
RNZ&#8217;s Jo Moir, has been very frank about her use of politician sources, when reflecting on her major scoop in the Jami-Lee Ross scandal, when she published the details of the anonymous texts that were sent to Simon Bridges and Speaker Trevor Mallard, asking for the leak inquiry to be called off. Moir discusses this in the RNZ Focus on Politics programme for 24 August – listen here: <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=41e5ab328b&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Focus on Politics for 24 August 2018</a>.
Moir explains: &#8220;Sources are a journalist&#8217;s lifeline. And I would probably say even more so when it comes to Parliament and the Press Gallery. I mean every great story that comes out of this place is usually from some sort of a relationship between a Press Gallery reporter and a politician. The amount of information that you get &#8220;off the record&#8221; in this environment is huge. And that is all based on trust. So, the reality is that journalists go to the grave with that information. And you are just never going to make it in the game really if you don&#8217;t.&#8221;
Of course, Moir then unintentionally became part of Ross&#8217; downfall, as the National Party&#8217;s PWC investigation report focused on the phone calls and texts that Ross had made to Moir in concluding that he was the likely leaker of Bridges&#8217; travel expenditure details. In response to this allegation, Ross tweeted that his communications with Moir were because she was a &#8220;friend&#8221;.
Some have suggested journalists have relationships with MPs that go further than friendship. As Stuff political editor Tracy Watkins has said, the revelations about Ross&#8217; sexual relationships &#8220;sent shock waves through Parliament. Labour MPs were just as rocked as their National counterparts. There was a feeling that a line in New Zealand politics had finally been crossed. And a fear that there may be no going back. Parliament is never short of gossip about affairs between MPs, between MPs and their staffers – and, yes, journalists as well&#8221; – see: <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=d5b0d2b6ad&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">The Jami-Lee Ross saga – dirty, ugly, nasty politics with no end in sight</a>.
&nbsp;
This raises the question of whether political journalists choose not to report on certain issues in order to protect their own privacy, or that of their colleagues. Ross, himself, has hinted at this in some of his statements.
Blogger Pete George thinks relationships need to be disclosed: &#8220;I think that the media should name the MP who is at the centre of this issue, but if they do they should also look at the wider issue of relationships and sex among MPs, journalists and staff. Journalists should disclose personal relationships if it relates to politicians they are reporting on and giving their opinions on. There are issues with journalists straying more and more into political activist roles, so the public has a right to know who may be influencing their opinions and their choice of stories and headlines&#8230;When they don&#8217;t want to go near the sex and relationship thing it suggests they could have secrets of their own they don&#8217;t want disclosed. This is not a good situation for the supposedly without favour fearless fourth estate to be in.&#8221;
<strong>The media&#8217;s fraught use of anonymous sources</strong>
The media quite rightly relies on anonymous sources to carry out its investigations into issues that are in the public interest. Leaks are made to journalists, and &#8220;off the record&#8221; briefings are important in establishing important stories about politics and power. A number of the stories published about the Jami-Lee Ross scandal have relied on secret sources. Most notable, were Melanie Reid&#8217;s Newsroom story with the allegations about Ross&#8217; treatment of women, and the RNZ Checkpoint broadcast of details about the abusive text sent to him by the National MP he allegedly had an affair with.
The use of such sources has helped the public understand what&#8217;s been going on behind the scenes. But that doesn&#8217;t mean that it is without ethical problems and questions. One of the journalists with the most experience of this, and who has deeply considered the ethics, is Nicky Hager – see his useful piece: <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=93003c2fba&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Dirty Politics, 2018</a>.
Hager sees some parallels with the journalistic practices he covered in his 2014 book, where the media ends up running the agendas of political actors: &#8220;This is reminiscent of the way that Cameron Slater used to hand out scoops attacking opposition politicians to willing journalists (the scoops often having been quietly prepared in John Key&#8217;s office).&#8221;
But he warns against the media doing the bidding of various political players: &#8220;I believe media should not take politically motivated attacks (Slater called them &#8216;hits&#8217;) from political people and allow their identities and motives to remain hidden from the public. Otherwise the journalists are just being used.&#8221;
Ironically, perhaps, Cameron Slater has some similar views in terms of the various items published about the Ross scandal. He argues that senior National Party figures were involved in providing the material to the media that exposed allegations about Ross. Slater has three lengthy blog posts that go into detail about what he sees as the evidence that National orchestrated the leaks about their errant MP – see: <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=7ffc6473e7&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Another hit job from David Fisher which I must correct and tell the truth that the National party fails to</a>, <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=177bf8d019&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Did Michelle Boag just tell a porkie on national television?</a> and <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=28a22b377e&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">Farrar follows my lead and calls for a truce, pity is the party appears to want to destroy itself</a>.
Of course, he&#8217;s not the only one who thinks that National had its fingerprints on the &#8220;hitjob&#8221; against Ross. Heather du Plessis-Allan explained the Newsroom story like this: &#8220;The party is in full attack-Jami-Lee mode. Why do you think at least four women have suddenly come forward accusing Ross of everything from bullying to &#8216;brutal sex&#8217;?&#8221;
Finally, for one of the best investigations into the media and political machinations behind the Jami-Lee Ross scandal, see Selwyn Manning&#8217;s article, <a href="https://criticalpolitics.us16.list-manage.com/track/click?u=c73e3fe9e4a0d897f8fa2746e&amp;id=60fccb8379&amp;e=c5a5df3a97" target="_blank" rel="noopener noreferrer">National Affairs and the Public Interest</a>.]]&gt;				</p>
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		<title>RSF condemns ‘tax evasion’ charge used to harass Philippine website</title>
		<link>https://eveningreport.nz/2018/11/14/rsf-condemns-tax-evasion-charge-used-to-harass-philippine-website/</link>
		
		<dc:creator><![CDATA[Pacific Media Centre]]></dc:creator>
		<pubDate>Tue, 13 Nov 2018 23:01:25 +0000</pubDate>
				<category><![CDATA[Asia Pacific]]></category>
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		<guid isPermaLink="false">https://eveningreport.nz/2018/11/14/rsf-condemns-tax-evasion-charge-used-to-harass-philippine-website/</guid>

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<div readability="33"><a href="https://asiapacificreport.nz/wp-content/uploads/2018/11/philippines20181112_RSF-680wide.jpg" data-caption="Rappler president and media freedom advocate Maria Ressa ... now the target of a personal lawsuit by the Duterte government. Image: RSF/Joël Saget/AFP" rel="nofollow"><img decoding="async" width="680" height="509" itemprop="image" class="entry-thumb td-modal-image" src="https://asiapacificreport.nz/wp-content/uploads/2018/11/philippines20181112_RSF-680wide.jpg" alt="" title="philippines20181112_RSF 680wide"/></a>Rappler president and media freedom advocate Maria Ressa &#8230; now the target of a personal lawsuit by the Duterte government. Image: RSF/Joël Saget/AFP</div>



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<p><em><a href="http://www.pacmediawatch.aut.ac.nz" rel="nofollow">Pacific Media Watch</a> Newsdesk</em></p>




<p>Reporters Without Borders has condemned the tax evasion charges that the Philippine Department of Justice  is bringing against the independent news website <em>Rappler</em> and its president, journalist Maria Ressa.</p>




<p>It has called for an end to this blatant judicial harassment.</p>




<p><em>Rappler</em> and Maria Ressa are to be <a href="https://www.rappler.com/nation/216337-doj-indicts-rappler-holdings-tax-evasion-november-9-2018" rel="nofollow">accused of tax evasion and failure to file tax returns</a> in 2015, according to the indictment announced by the DOJ on November 9 and due to be filed in court this week, RSF (Reprters Without Borders) said in a statement.</p>


<img loading="lazy" decoding="async" class="wp-image-33751 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2018/11/Free-press-in-Philippines-RSF-300tall.jpg" alt="" width="300" height="353" srcset="https://asiapacificreport.nz/wp-content/uploads/2018/11/Free-press-in-Philippines-RSF-300tall.jpg 300w, https://asiapacificreport.nz/wp-content/uploads/2018/11/Free-press-in-Philippines-RSF-300tall-255x300.jpg 255w" sizes="auto, (max-width: 300px) 100vw, 300px"/>Free press in the Philippines. Image: RSF/Ted Aljibe /AFP


<p>Ressa could be facing up to 10 years in prison under <a href="http://www.chanrobles.com/legal6title42.htm#.W-tTTvZ9iUl" rel="nofollow">section 255 of the tax code</a>.</p>




<p>This is the first time that Ressa is being personally prosecuted in the war that President Rodrigo Duterte’s administration has been waging against her and against the country’s leading independent news website.</p>




<p>The announcement came amid yet another sign of international recognition for Ressa in Paris during the weekend, when 12 heads of state and government <a href="https://rsf.org/en/news/democratic-leaders-give-historic-commitment-based-declaration-information-and-democracy" rel="nofollow">undertook to take action in defence of “information and democracy”</a> on the basis of the declaration <a href="https://rsf.org/en/news/rsf-launch-groundbreaking-global-information-and-democracy-commission-70-years-after-un-general" rel="nofollow">drafted by an international panel created at RSF’s initiative</a>, of which she is one of the 25 members.</p>




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<p class="c2"><small>-Partners-</small></p>


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<p>“These crude ploys that the Philippine authorities are using against <em>Rappler</em> could be dismissed as bordering on the absurd if it were not for the serious threat they pose to this symbol of press freedom,” said Daniel Bastard, head of RSF’s Asia-Pacific desk.</p>




<p>“This harassment is clearly designed to bring down a media outlet that dares to provide investigative coverage of President Duterte’s policies.</p>




<p><strong>‘Persecution unacceptable’</strong><br />“The government regards its founder, Maria Ressa, as someone to be crushed because of her determined defence of the freedom to inform. This persecution is unacceptable and must stop.”</p>




<p>The DOJ bases the indictment on the Philippine Depositary Receipts (PDRs) that Rappler Holding Corporation, the company that owns the website, issued in 2015 in order to raise international funding.</p>




<p>The indictment claims that <em>Rappler</em> gained 162.4 million pesos [2.7 million euros] from the transaction, which it failed to declare in its tax return. In reality, the PDRs were just a fund-raising mechanism, with no transaction and no profit.</p>




<p>“The DOJ nonetheless claims an insane 844 percent shortfall in <em>Rappler’s</em> tax declaration and a tax liability of 108 million pesos (1.8 million euros),” said Bastard.</p>




<p><strong>Repeated attacks</strong><br />For more than a year, Rappler has been the target of repeated attacks designed to intimidate its journalists.</p>




<p>The Securities and Exchange Commission announced in January that it was <a href="https://rsf.org/en/news/philippine-government-attacks-leading-news-website-rappler" rel="nofollow">revoking Rappler’s licence</a> on the grounds that it had violated a ban on foreign ownership of media outlets, spuriously claiming that, by issuing PDRs to raise funds, it had sold some of its stock to foreign investors.</p>




<p>RSF immediately referred this unacceptable attack on media independence to the United Nations, UNESCO and the Association of Southeast Asian Nations (ASEAN).</p>




<p>In response to <a href="https://rsf.org/fr/actualites/rsf-reagit-aux-menaces-du-gouvernement-philippin-contre-rappler-en-saisissant-les-instances" rel="nofollow"><em>Rappler’s</em> appeal against the summary revocation of its licence</a>, a court ruled in July that the website should be allowed “reasonable time” to resolve any dispute about its financial structure.</p>




<p>The <em>Rappler</em> reporter assigned to covering the Malacañang presidential palace was meanwhile denied entry to the palace in February on Duterte’s personal orders.</p>




<p>And in March, the authorities announced that they were reviving a previously dismissed defamation action as well as preparing a tax evasion complaint.</p>




<p>The Philippines is ranked <a href="https://rsf.org/en/ranking" rel="nofollow">133rd out of 180 countries in RSF’s 2018 World Press Freedom Index</a>.</p>




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<p>Article by <a href="https://www.asiapacificreport.nz/" target="_blank" rel="nofollow noopener noreferrer">AsiaPacificReport.nz</a></p>

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