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March 2010


Supporting Press Freedom Through the Courts

London-based Media Legal Defence Initiative, (MLDI), works around the world providing legal support to journalists and media outlets seeking to protect their right to freedom of expression.

Founded in 2008, MLDI works to strengthen media legal defence capacity by supporting initiatives that enhance the legal knowledge, skills and effectiveness of those working in the field. Its expert knowledge and far-reaching networks have been formed from years of experience working in media legal defence across cultures and jurisdictions.

Working closely with a global network of experienced media and human rights lawyers, local, national and international organisations, donors, foundations and advisors who are all concerned with defending media freedom, MLDI plays a crucial role in building effective relationships between the legal and media sectors.

WAN-IFRA spoke with Gugulethu Moyo, Executive Director at MLDI, to gain more of an insight into the work of the organisation...

Q: What triggered the establishment of MLDI and what is at the core of its mandate?

“MLDI was the brainchild of a group of donors and human rights campaigners who had for a long time provided support to independent journalism and media around the world.

“The catalyst is said to have been the case of an Indonesian newspaper publisher, Bambang Harymurti, whose magazine, Tempo, almost collapsed when a powerful local businessman filed a claim for criminal and civil damages against him. It was while providing financial support to Harymurti that the donors and media organisations involved recognised the need for a dedicated body to provide support for journalists in such situations. And so MLDI, an organisation designed to provide legal assistance to journalists and media outlets facing prosecution or persecution for simply doing their jobs, was created.

“We provide journalists and media outlets with financial aid to help pay legal fees. At the same time we also provide legal resources, take cases to international courts and supervisory bodies, and support the development of legal expertise for the defence of media freedom.”

Q: What kind of response have you encountered? “The problem of legal intimidation of the media is pervasive and, unsurprisingly, we have had requests for assistance from all over the world. We have already given grants to defend over a hundred journalists and media outlets in Thailand, Sri Lanka, Peru, Gambia, Nigeria, The Philippines, Mexico, Zambia, Cameroon and other countries.

“We are currently working with a group of lawyers in South-East Asia to foster cooperation and an exchange of best practice on media freedom cases, and also to improve their capacity to advocate media freedom issues in the courts.

“In Rwanda we are providing ongoing support for Jean Bosco Gasasira, Editor of the newspaper Umvugizi. He reported that one of the country’s most senior genocide prosecutors had bribed other journalists not to publish stories about his extramarital affairs. Mr Gasasira was convicted of criminal defamation and invasion of privacy and is now appealing the ruling.”

Q: What types of legal cases are brought to you and which ones gain your support?

“Most of the cases in which we have been asked to assist involve the use of criminal defamation laws. Typically, this means a journalist facing a jail sentence because he or she has written a report that makes serious allegations against a powerful political figure. Other common cases would include civil suits in which journalists face extortionate claims for damages in respect of allegedly defamatory material.

“MLDI exists to provide support in cases where a journalist or media outlet faces legal action for simply pursuing their role. We try to help in all such instances but we consider the details of each individual case before taking it on. There are certain kinds of cases we would not defend, such as where the content at issue amounts to hate speech or an incitement to violence.”

Q: How can journalists contact you?

“We can be reached by phone, post, fax, e-mail, Twitter, Facebook and through our website. We also work closely with other media and rights groups and they often refer cases to us. Journalists have come to us for assistance through WAN-IFRA, the Committee to Protect Journalists, Human Rights Watch and UNESCO, for example.”

Q: What objectives did you set for the mid- to long-term?

“We are focused on being accessible and responsive to those facing serious legal threats because of their journalism. We want journalists and media owners to know that help is available to see them through legal proceedings that often have the sole purpose of deterring or punishing them for doing their professional work.

“Defending freedoms in the courts requires a substantial commitment so we’re looking for long-term partners willing to fight the problem of the abuse of legal processes to silence the media. We are working hard to enlarge the community of lawyers who are champions of media freedom in courts around the world.”

Visit the MDLI website for more information.

If you have a particular issue to discuss or would like help with a case, e-mail Media Legal Defence Initiative direct.


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