Media Defence (registered company name: Media Legal Defense Initiative) is a non-governmental organization established in 2008 to provide legal assistance to journalists, citizen journalists and independent media institutions. It also supports training in media law and promotes the exchange of information, litigation tools and strategies for the lawyers working on media freedom cases.
It is based in London and has a global network of media lawyers and media freedom activists with whom it works on cases and projects.
The idea for the Media Defence originated in the aftermath of the criminal defamation trial in 2004 of Indonesian newspaperman Bambang Harymurti, editor of Tempo magazine (Indonesia). A group of people involved in assisting the defence of Harymurti recognised the need for an independent non-governmental organisation that would focus on providing legal support to journalists and media outlets around the world who needs assistance to defend their legal rights, as well as work to improve the capacity of lawyers in Southeast Asia and elsewhere to defend media freedom of expression.
Media Defence was established as a not-for-profit company in June 2008 and registered as an independent charitable organisation in 2009. Gugulethu Moyo was executive director of Media Defence from June 2009 until July 2011.[1] Peter Noorlander became Chief Executive between April 2011 and April 2016 while Lucy Freeman succeeded him as Chief Executive between 2016 and 2021. The organization's substantive (current) CEO is Alinda Vermeer, who joined in 2014.[2]
Since it foundation Media Defense has provided assistance in various cases in different countries in Africa, Europe, Asia, and North and South America respectively.
Assistance has been provided in the form of grants to individual litigants for the payment of legal fees, grants supporting the works of national non-governmental organizations that provide legal services to the media, and free legal advice.
Media Defence has also given grants to enable the training and networking of media lawyers in countries like; Thailand, Malaysia,[3] Singapore, Indonesia, Cambodia and the Philippines.
In 2020, the organization rebranded it name from 'Media Legal Defence Initiative' to 'Media Defence'.
Notable cases supported
Media Defence has supported the legal defence of numerous journalists, citizen journalists and independent media organisations, including:
Burundi Journalists' Union v. Burundi, at the East African Court of Justice. Media Defence represented the Journalists Union with Don Deya arguing the matter before the EACJ;
Lohé Issa Konaté v. Burkina Faso, the first free speech case before the African Court of Human and Peoples' Rights which ruled that the imprisonment for defamation of a journalist from Burkina Faso violated his rights and ordered the country to change its laws. Media Defence's Legal Director, Nani Jansen, represented Lohé Issa Konaté v. Burkina Faso before the Court alongside John Jones QC and Steven Finizio;[4]
Media Defence contributed to the defence costs of Al Jazeera journalist Mohamed Fahmy, on trial in Egypt on charges of being part of a terrorist group, broadcasting “false news, and operating without adequate licences”;
The appeal to the European Court of Human Rights of Emin Milli and Adnan Hajizade, two Azeri bloggers who uploaded a satirical video featuring an interview with a violin-playing donkey onto YouTube. In response they were beaten up - and then arrested and imprisoned for affray;
The defence of Thai webmaster Chiranuch Premchaiporn in her criminal case for allowing comments that were critical of the Thai monarchy to appear on news and current affairs website, Prachatai;
The defence of Nigerian corruption and human rights website Sahara Reporters in several multimillion-dollar libel suits launched against it in the United States;
The defence of Ugandan journalist Patrick Otim, wrongly accused of treason and imprisoned for two years;
The defence of Kenyan journalist Bernard Okebe, false accused of attempting to bribe the police following a story on police corruption;
The defence of Thai newspaper columnist Kamol Kamoltrakul in a multimillion-dollar defamation case brought against him in 2008 by Tesco Lotus, the Southeast Asian subsidiary of Tesco, the world's second largest supermarket chain. Mr Kamoltrakol had criticised Tesco Lotus for driving homegrown small businesses out of existence. After much pressure Tesco eventually dropped the case;
Raynor v. Richardson, which overturned Bermuda's criminal libel statute;
Wattan TV's appeal to the Israeli High Court for compensation and damages, following an illegal army raid on their offices;
A case brought against Ugandan police brought by two journalists who were beaten up when they tried to film a story critical of the police;
The defence in 2009 and subsequent appeal to the UN Human Rights Committee of the libel case of Almas Kusherbaev, a Kazakh journalist who criticised the involvement of a Kazakh politician, Romin Madinov, in the trade of grain which has pushed up the price of bread in the country;
The defence of Rwandan journalists Agnes Uwimana and Saidat Mukakibibi, for which it send a legal team consisting of Media Defence's Legal Counsel Nani Jansen and barrister John Jones to conduct the defence of the case alongside Rwandan counsel. Initially convicted on multiple counts of genocide denial and endangering national security and sentenced to seventeen and seven years, a Media Defence-supported Supreme Court appeal saw the two acquitted on all charges save defamation of the president and one count of endangering national security and the sentences reduced. The case is currently pending before the African Commission on Human and Peoples' Rights.
Representing the plaintiffs of the 2017 Togo Internet shutdown case alongside Amnesty International. The ECOWAS Court ruled that Togo, by shutting down the Internet in 2017, violated the rights of the plaintiffs – seven Togolese NGOs and a journalist.
Representing award-winning journalist Khadija Ismayilova alongside Yalchin Imanov and international law firms Wilmer Hale and De Brauw Blackstone Westbroek in a 2013 privacy case. The ECtHR found violations of Articles 8 and 10 of the European Convention on Human Rights by Azerbaijan as a result of intrusions into Ismayilova's private life.
Intervening in the case of Szurovecz v Hungary, where the European Court of Human Rights held that a refusal to grant a journalist access to an asylum seeker reception centre in Hungary violated his right to freedom of expression.
Supporting the case of Mseto in Tanzania after a ministerial order against Mseto attempted to ban it from publishing for three years.
Work in the case of Federation of African Journalists (FAJ) and others v. The Gambia, where the ECOWAS Court found that the rights of four Gambian journalists had been violated by the actions of the Gambian authorities, and through the enforcement of laws criminalising speech.
Submitting an amicus brief alongside PEN International, PEN America, PEN Mexico, PEN Quebec, Media Law Resource Center, Fundación para la Libertad de Prensa (FLIP), and Human Rights Watch in the case of Tulio Álvarez v Venezuela.
Media Defence has been invited to intervene as amicus curiae in the European Court of Human Rights in the cases of Von Hannover v. Germany (2) (application no. 40660/08), adjudicated in February, 2012, on the balance between privacy and freedom of expression, MGN Trinity Mirror v. UK, in which it argued that the high cost of defending libel cases violates the right to freedom of expression,[5][6] and Pauliukas v. Lithuania[7] in 2009. The European Court issued a strong ruling agreeing with Media Defence's submissions in the MGN case. Along with others, Media Defence also intervened in Max Mosley's application to the European Court of Human Rights,[8] as to whether there should be advance notice given to targets in privacy cases, and Sanoma v Netherlands a case addressing the protection of journalistic sources. In both cases, its arguments were accepted by the Court. It has interventions pending in a case challenging so-called "false news" laws, prohibiting the publication of anything the authorities deem to be incorrect; and in a case concerning the abuse of criminal libel laws.
Media Defence has also been at the forefront of a campaign at the Council of Europe to address the impact that counter-terrorism laws are having on media freedom.[9] The council's campaign has resulted in a pledge by States to review these laws.[10]
With the IBA and others, Media Defence also supports the development of media lawyers network in Southeast Asia.[11]
^"Mosley case intervention on privacy laws to European Court of Human Rights'" - Finers Stephens Innocent
^"Open Society Program on Independent Journalism". www.opensocietyfoundations.org. Retrieved 2021-01-25.
^the Guardian, Freedom of expression must be protected, says Council of Europe
^. Archived from the original on 2009-09-03. Retrieved 2009-09-02.
^"Our Organisation". Media Defence. Retrieved 2020-12-15.
^. Archived from the original on 2015-05-10. Retrieved 2015-05-22.
External links
Official website
January 08, 2023
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talk page October 2019 Learn how and when to remove this template message Learn how and when to remove this template message Media Defence registered company name Media Legal Defense Initiative is a non governmental organization established in 2008 to provide legal assistance to journalists citizen journalists and independent media institutions It also supports training in media law and promotes the exchange of information litigation tools and strategies for the lawyers working on media freedom cases It is based in London and has a global network of media lawyers and media freedom activists with whom it works on cases and projects Contents 1 History 2 Notable cases supported 3 Organization and funding 4 Award 5 References 6 External linksHistory EditThe idea for the Media Defence originated in the aftermath of the criminal defamation trial in 2004 of Indonesian newspaperman Bambang Harymurti editor of Tempo magazine Indonesia A group of people involved in assisting the defence of Harymurti recognised the need for an independent non governmental organisation that would focus on providing legal support to journalists and media outlets around the world who needs assistance to defend their legal rights as well as work to improve the capacity of lawyers in Southeast Asia and elsewhere to defend media freedom of expression Media Defence was established as a not for profit company in June 2008 and registered as an independent charitable organisation in 2009 Gugulethu Moyo was executive director of Media Defence from June 2009 until July 2011 1 Peter Noorlander became Chief Executive between April 2011 and April 2016 while Lucy Freeman succeeded him as Chief Executive between 2016 and 2021 The organization s substantive current CEO is Alinda Vermeer who joined in 2014 2 Since it foundation Media Defense has provided assistance in various cases in different countries in Africa Europe Asia and North and South America respectively Assistance has been provided in the form of grants to individual litigants for the payment of legal fees grants supporting the works of national non governmental organizations that provide legal services to the media and free legal advice Media Defence has also given grants to enable the training and networking of media lawyers in countries like Thailand Malaysia 3 Singapore Indonesia Cambodia and the Philippines In 2020 the organization rebranded it name from Media Legal Defence Initiative to Media Defence Notable cases supported EditMedia Defence has supported the legal defence of numerous journalists citizen journalists and independent media organisations including Burundi Journalists Union v Burundi at the East African Court of Justice Media Defence represented the Journalists Union with Don Deya arguing the matter before the EACJ Lohe Issa Konate v Burkina Faso the first free speech case before the African Court of Human and Peoples Rights which ruled that the imprisonment for defamation of a journalist from Burkina Faso violated his rights and ordered the country to change its laws Media Defence s Legal Director Nani Jansen represented Lohe Issa Konate v Burkina Faso before the Court alongside John Jones QC and Steven Finizio 4 Media Defence contributed to the defence costs of Al Jazeera journalist Mohamed Fahmy on trial in Egypt on charges of being part of a terrorist group broadcasting false news and operating without adequate licences The appeal to the European Court of Human Rights of Emin Milli and Adnan Hajizade two Azeri bloggers who uploaded a satirical video featuring an interview with a violin playing donkey onto YouTube In response they were beaten up and then arrested and imprisoned for affray The defence of Thai webmaster Chiranuch Premchaiporn in her criminal case for allowing comments that were critical of the Thai monarchy to appear on news and current affairs website Prachatai The defence of Nigerian corruption and human rights website Sahara Reporters in several multimillion dollar libel suits launched against it in the United States The defence of Ugandan journalist Patrick Otim wrongly accused of treason and imprisoned for two years The defence of Kenyan journalist Bernard Okebe false accused of attempting to bribe the police following a story on police corruption The defence of Thai newspaper columnist Kamol Kamoltrakul in a multimillion dollar defamation case brought against him in 2008 by Tesco Lotus the Southeast Asian subsidiary of Tesco the world s second largest supermarket chain Mr Kamoltrakol had criticised Tesco Lotus for driving homegrown small businesses out of existence After much pressure Tesco eventually dropped the case Raynor v Richardson which overturned Bermuda s criminal libel statute Wattan TV s appeal to the Israeli High Court for compensation and damages following an illegal army raid on their offices A case brought against Ugandan police brought by two journalists who were beaten up when they tried to film a story critical of the police The defence in 2009 and subsequent appeal to the UN Human Rights Committee of the libel case of Almas Kusherbaev a Kazakh journalist who criticised the involvement of a Kazakh politician Romin Madinov in the trade of grain which has pushed up the price of bread in the country The defence of Rwandan journalists Agnes Uwimana and Saidat Mukakibibi for which it send a legal team consisting of Media Defence s Legal Counsel Nani Jansen and barrister John Jones to conduct the defence of the case alongside Rwandan counsel Initially convicted on multiple counts of genocide denial and endangering national security and sentenced to seventeen and seven years a Media Defence supported Supreme Court appeal saw the two acquitted on all charges save defamation of the president and one count of endangering national security and the sentences reduced The case is currently pending before the African Commission on Human and Peoples Rights Submitting cases of prominent Vietnamese citizen journalists and rights activists including Le Dinh Luong Nguyen Van Dai and Nguyen Dang Minh Man to the United Nations Working Group on Arbitrary Detention Representing the plaintiffs of the 2017 Togo Internet shutdown case alongside Amnesty International The ECOWAS Court ruled that Togo by shutting down the Internet in 2017 violated the rights of the plaintiffs seven Togolese NGOs and a journalist Representing award winning journalist Khadija Ismayilova alongside Yalchin Imanov and international law firms Wilmer Hale and De Brauw Blackstone Westbroek in a 2013 privacy case The ECtHR found violations of Articles 8 and 10 of the European Convention on Human Rights by Azerbaijan as a result of intrusions into Ismayilova s private life Intervening in the case of Szurovecz v Hungary where the European Court of Human Rights held that a refusal to grant a journalist access to an asylum seeker reception centre in Hungary violated his right to freedom of expression Supporting the case of Mseto in Tanzania after a ministerial order against Mseto attempted to ban it from publishing for three years Work in the case of Federation of African Journalists FAJ and others v The Gambia where the ECOWAS Court found that the rights of four Gambian journalists had been violated by the actions of the Gambian authorities and through the enforcement of laws criminalising speech Submitting an amicus brief alongside PEN International PEN America PEN Mexico PEN Quebec Media Law Resource Center Fundacion para la Libertad de Prensa FLIP and Human Rights Watch in the case of Tulio Alvarez v Venezuela Media Defence has been invited to intervene as amicus curiae in the European Court of Human Rights in the cases of Von Hannover v Germany 2 application no 40660 08 adjudicated in February 2012 on the balance between privacy and freedom of expression MGN Trinity Mirror v UK in which it argued that the high cost of defending libel cases violates the right to freedom of expression 5 6 and Pauliukas v Lithuania 7 in 2009 The European Court issued a strong ruling agreeing with Media Defence s submissions in the MGN case Along with others Media Defence also intervened in Max Mosley s application to the European Court of Human Rights 8 as to whether there should be advance notice given to targets in privacy cases and Sanoma v Netherlands a case addressing the protection of journalistic sources In both cases its arguments were accepted by the Court It has interventions pending in a case challenging so called false news laws prohibiting the publication of anything the authorities deem to be incorrect and in a case concerning the abuse of criminal libel laws Media Defence has also been at the forefront of a campaign at the Council of Europe to address the impact that counter terrorism laws are having on media freedom 9 The council s campaign has resulted in a pledge by States to review these laws 10 With the IBA and others Media Defence also supports the development of media lawyers network in Southeast Asia 11 Organization and funding EditMedia Defence is registered as a charity Organization in the United Kingdom 12 Award EditIn March 2015 the Media Defence was awarded Columbia University s inaugural Global Freedom of Expression Prize 13 References Edit MLDI a short history Media Legal Defence Initiative archive is 2013 06 24 Archived from the original on 2013 06 24 Retrieved 2021 01 25 Media Defence Announces Alinda Vermeer as New Chief Executive Officer Media Defence Retrieved 2021 07 26 Report on the Media Defense Lawyers Training The Malaysian Bar www malaysianbar org my Retrieved 2021 01 25 Jailed Burkinabe journalist appeals to African Court Committee to Protect Journalists 2013 07 29 Retrieved 2021 01 25 CFA unjustifiable restriction on freedom of expression Press Gazette Archived from the original on 2011 06 16 Retrieved 2009 09 02 Press Gazette CFA unjustifiable restriction on freedom of expression Text of the submission Text of the submission Mosley case intervention on privacy laws to European Court of Human Rights Finers Stephens Innocent Open Society Program on Independent Journalism www opensocietyfoundations org Retrieved 2021 01 25 the Guardian Freedom of expression must be protected says Council of Europe S e Asia Media Lawyers Pro Bono Net Archived from the original on 2009 09 03 Retrieved 2009 09 02 Our Organisation Media Defence Retrieved 2020 12 15 University Awards First Ever Global Freedom of Expression Prizes Columbia News Archived from the original on 2015 05 10 Retrieved 2015 05 22 External links EditOfficial website Retrieved from https en wikipedia org w index php title Media Defence amp oldid 1125621037, wikipedia, wiki, book, books, library,
