[DRAFT] Protecting Journalistic Freedom

[Kenmoria]

Protecting Journalistic Freedom
Category: Education and Creativity | Area of Effect: Free Press | Proposed by: Kenmoria

---

The General Assembly,

Acknowledging the universal right of all individuals to seek and obtain knowledge of the world around them;

Recognising the press as a vital resource for people to better understand international and local events;

Believing that unnecessary restrictions on journalism often come about only as a method censorship, and that a free press is far more able to carry out its work than one laden with limitations;

Aware, therefore, that the General Assembly has an obligation to aid in the vital field of journalism wherever reasonable by removing such restrictions and upholding press freedom;

hereby,

1. Defines ‘the press’ as the collection of journalists and news-sharing companies, that provides information to individuals about events, and the causes, implications and analysis thereof;

2. Mandates that member nations do not punish any individual solely for being a member of or working with the press;

3. Requires member states to permit the press to use any available commercial technologies in the sharing of news information;

4. Obligates that member nations do not disallow any person directly associated with the press of a member nation or member nations from entering their borders, provided that the entry is solely for legitimate journalistic purposes, and that the person would not be barred entry due to quarantine, a criminal record, or any other compelling safety purpose wholly unrelated to their status as a member of the press;

5. Prohibits member states from preventing the press from reporting on any story without a compelling safety or security reason, to which a prohibition on reporting would be the easiest or most effective response;

6. Clarifies that, if a member nation does restrict the press from sharing information about a given event, details of the event must be officially released as soon as possible once the situation has been resolved such that there is no longer a compelling reason for restriction;

7. Further clarifies that reprisals from other governments, individuals or WA committees as a result of illegal behaviour by that member state do not count as a compelling reason for the purposes of clause 4;

8. Compels all member states to grant their citizens access to otherwise publicly-available information released by their national press or international press, and demands that member states do not pass any laws that would restrict this access;

9. Excludes, from the protections of this resolution, any entity associated with the press that has repeatedly and deliberately spread information that they know to be definitely untrue, not including editorial opinions marked as such; and

10. Tasks the WACLC (World Assembly Central Library Complex) with creating a repository of notable international news stories, which shall be able to be accessed by all individuals within WA member states.

“Here’s the replacement for Freedom of the Press, which will be submitted shortly after my repeal, assuming it passes.”

[Stellonia]

"We approve of Clause 8, but we think it must be expanded upon."

[Kenmoria]

"We approve of Clause 8, but we think it must be expanded upon."

“I’ve provided some more clarity on what is meant by misinformation.”

[The New Sicilian State]

"Unending support. Clause 4 had me a bit concerned for a second but you immediately remedied my wary feelings with clauses 5 and 6."

[Bananaistan]

"This legislation is weaker than the existing resolution the proposing delegation wishes to replace.

"In particular, section 3 is weaker than the equivalent section in GAR#155 (1). Note the difference between " all available media technologies" and "any commercially-available technologies". And section 4 is weaker than the equivalent section in GAR#155 (5). This proposal introduces privacy as a reason to restrict the press.

"The main plank in the repeal is international news media. I see no mention of same here.

"The sole clause, 2, that isn't weak could easily be dealt with in complementary legislation.

"The proposing delegation should be honest with us. You want to repeal the target to weaken protections for the press."

[Daves Computer]

OOC: Looks good! You have my support. As Banana said, you may want to at least clarify the implications this will have for international reporting. You may also want to discuss what authority nations have over libel and damaging, false information.

[Kenmoria]

"This legislation is weaker than the existing resolution the proposing delegation wishes to replace.

“That is not my intention, and a sign that the replacement can be improved, hence the drafting period.”

"In particular, section 3 is weaker than the equivalent section in GAR#155 (1). Note the difference between " all available media technologies" and "any commercially-available technologies". And section 4 is weaker than the equivalent section in GAR#155 (5). This proposal introduces privacy as a reason to restrict the press.

“You make a good point with regards to clause 3; I will edit that. My point about privacy was designed to ensure the safety of individuals with regards to what might be sensitive issues, which I can try to alter.”

"The main plank in the repeal is international news media. I see no mention of same here.

“The definition of ‘press’ in this proposal includes international news media.”

"The sole clause, 2, that isn't weak could easily be dealt with in complementary legislation.

“I see no reason to tackle in two pieces of legislation what could be tackled in one.”

"The proposing delegation should be honest with us. You want to repeal the target to weaken protections for the press."

“I want to repeal the target resolution in order to correct a clause that prevents news media from sharing international human rights abuses. The fact that this replacement is still in need of work is immaterial to my intentions.”

[Bananaistan]

"The main plank in the repeal is international news media. I see no mention of same here.

“The definition of ‘press’ in this proposal includes international news media.”

"Border control. They can report away to their heart's content but if a nation chooses not to allow them in, then they'll have to do so without even stepping foot in that nation. Exactly the same as is currently the case under GAR#155."

[Kenmoria]

“The definition of ‘press’ in this proposal includes international news media.”

"Border control. They can report away to their heart's content but if a nation chooses not to allow them in, then they'll have to do so without even stepping foot in that nation. Exactly the same as is currently the case under GAR#155."

“The proposal will be edited with a new clause, so that this is no longer the case.”

[Bananaistan]

"Border control. They can report away to their heart's content but if a nation chooses not to allow them in, then they'll have to do so without even stepping foot in that nation. Exactly the same as is currently the case under GAR#155."

“The proposal will be edited with a new clause, so that this is no longer the case.”

"And there is where the proposal will fail.

"See the transcript on GAR#155. They wanted international press to be allowed wander around every where too. Reasonable people pointed out that nations have legitimate interest in control their borders.

"Best to just leave well enough alone."

[Tinfect]

Believing that unnecessary restrictions on journalism often come about only as a method censorship, and that a free press is far more able to carry out its work than one laden with limitations;

"And who, exactly," said Feren, pointedly looking up from behind a printed copy the recent ICNN broadcast, "Defines what is unnecessary?

1. Defines ‘the press’ as the collection of persons, both legal and natural, that provides information to individuals about events, and the causes, implications and analysis thereof;

"What, exactly, is a 'natural person', Ambassador?"

3. Requires member states to permit the press to use any available technologies in the sharing of news information;

"I sincerely hope this isn't intended to allow journalistic organizations to freely demand the use of Military systems and infrastructure, Ambassador. Unfortunately, however, that is what this claus would require."

4. Obligates member nations to allow any person directly associated with the press into their borders, provided that the entry is for legitimate journalistic purposes, and that the person would not be barred entry due to quarantine, a criminal record, or any other compelling safety purpose wholly unrelated to their status as a member of the press;

"The Imperium will not allow foreigners into its territories for any reason, nor would we create a special exception to standard processes for members of journalistic organizations were it otherwise. The Imperial Border is closed, absolutely, to all foreigners. Violation of the Imperial Border will be considered an act of war."

7. Further clarifies that reprisals from other governments, individuals or WA committees as a result of immoral or illegal behaviour by that member state do not count as a compelling reason for the purposes of clause 4;

"And who defines what is 'immoral', Ambassador?"

8. Permits all citizens in member nations to access information released by the press, and demands that member states do not pass any laws that would restrict this access;

"Foreign personnel have only limited access to Imperial journalism; namely, those works produced by the Imperial Central News Network, that have been specifically approved for Class-2 Distribution. Foreign Personnel will not be granted access to Class-3 Information for any reason."

9. Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces or conjecture; and

"Unenforceable nonsense.

The Imperium is opposed; the draft is fundamentally flawed in both its extant effects, and its intent. The Imperium will not provide support for it, or any further variations upon it."

[Kenmoria]

Believing that unnecessary restrictions on journalism often come about only as a method censorship, and that a free press is far more able to carry out its work than one laden with limitations;

"And who, exactly," said Feren, pointedly looking up from behind a printed copy the recent ICNN broadcast, "Defines what is unnecessary?

“It’s a preambulatory clause, not an active one. From a broad standpoint, unnecessary restrictions often come about due to a desire to impose arbitrary limits on the populace, as a method of control.

1. Defines ‘the press’ as the collection of persons, both legal and natural, that provides information to individuals about events, and the causes, implications and analysis thereof;

"What, exactly, is a 'natural person', Ambassador?"

In opposition to a ‘legal person’ such as a corporation, a ‘natural person’ is an individual.

3. Requires member states to permit the press to use any available technologies in the sharing of news information;

"I sincerely hope this isn't intended to allow journalistic organizations to freely demand the use of Military systems and infrastructure, Ambassador. Unfortunately, however, that is what this claus would require."

“The word ‘available’ was supposed to imply that only regular technologies would be able to be permitted. However, I have added ‘civilian’ to clarify this.

4. Obligates member nations to allow any person directly associated with the press into their borders, provided that the entry is for legitimate journalistic purposes, and that the person would not be barred entry due to quarantine, a criminal record, or any other compelling safety purpose wholly unrelated to their status as a member of the press;

"The Imperium will not allow foreigners into its territories for any reason, nor would we create a special exception to standard processes for members of journalistic organizations were it otherwise. The Imperial Border is closed, absolutely, to all foreigners. Violation of the Imperial Border will be considered an act of war."

I’ve heard this before, and oppose your nation’s isolationist policies as a matter of principle.

7. Further clarifies that reprisals from other governments, individuals or WA committees as a result of immoral or illegal behaviour by that member state do not count as a compelling reason for the purposes of clause 4;

"And who defines what is 'immoral', Ambassador?"

On balance, I agree that this is too subjective. I will remove reprisals for immoral behaviour from that clause.

8. Permits all citizens in member nations to access information released by the press, and demands that member states do not pass any laws that would restrict this access;

"Foreign personnel have only limited access to Imperial journalism; namely, those works produced by the Imperial Central News Network, that have been specifically approved for Class-2 Distribution. Foreign Personnel will not be granted access to Class-3 Information for any reason."

That seems arbitrary. However, I can agree that foreign citizens ought not to be privy to journalism of other nations. This will be altered.

9. Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces or conjecture; and

"Unenforceable nonsense.

I’ll leave enforcement to the Compliance Commission. Even if penalties are given some time later, it is almost impossible to get away with misinformation once the truth has come out.

The Imperium is opposed; the draft is fundamentally flawed in both its extant effects, and its intent. The Imperium will not provide support for it, or any further variations upon it."

Given your strongly isolationist nature, that is not unreasonable.”

[Partisan Italy]

As the representative of Partisan Italy, I have some concerns regarding the definition of "Press" conteined in clause 1.
The definition: "Defines ‘the press’ as the collection of persons, both legal and natural, that provides information to individuals about events, and the causes, implications and analysis thereof" is too broad.
In particular, this definition does not require that the press verifies and quotes the sources of informations or, in cases of original journalistic works, that the press specifies the methodology used to collect informations. This definition can so include as "Press" also malicious individuals or organisations spreading hoaxes and false or not verified informations.

[Kenmoria]

As the representative of Partisan Italy, I have some concerns regarding the definition of "Press" conteined in clause 1.
The definition: "Defines ‘the press’ as the collection of persons, both legal and natural, that provides information to individuals about events, and the causes, implications and analysis thereof" is too broad.
In particular, this definition does not require that the press verifies and quotes the sources of informations or, in cases of original journalistic works, that the press specifies the methodology used to collect informations. This definition can so include as "Press" also malicious individuals or organisations spreading hoaxes and false or not verified informations.

“See clause 9, which states ‘Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces.’ I feel that requiring specific ethical standards in broadcasting goes beyond the WA’s purview, especially considering how many newspapers do not follow these guidelines.”

[Partisan Italy]

As the representative of Partisan Italy, I have some concerns regarding the definition of "Press" conteined in clause 1.
The definition: "Defines ‘the press’ as the collection of persons, both legal and natural, that provides information to individuals about events, and the causes, implications and analysis thereof" is too broad.
In particular, this definition does not require that the press verifies and quotes the sources of informations or, in cases of original journalistic works, that the press specifies the methodology used to collect informations. This definition can so include as "Press" also malicious individuals or organisations spreading hoaxes and false or not verified informations.

“See clause 9, which states ‘Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces.’ I feel that requiring specific ethical standards in broadcasting goes beyond the WA’s purview, especially considering how many newspapers do not follow these guidelines.”

Clause 9 has no effect on the conduct of the press, given that a World Assembly Law is an International Law and so it has legal effect only to Member States and not to individuals or private organisations. It would be necessary to explicitly clarify that Nation States have the right and duty to establish ethical code of conduct mandatory for the press.

[Tinhampton]

“See clause 9, which states ‘Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces.’ I feel that requiring specific ethical standards in broadcasting goes beyond the WA’s purview, especially considering how many newspapers do not follow these guidelines.”

Clause 9 has no effect on the conduct of the press, given that a World Assembly Law is an International Law and so it has legal effect only to Member States and not to individuals or private organisations. It would be necessary to explicitly clarify that Nation States have the right and duty to establish ethical code of conduct mandatory for the press.

OOC: Please do not give out advice that you know to be wrong or is otherwise Positively Dreadful.

1. Most journalistic codes of conduct in the real world are not mandatory, only strongly suggested; and they are created by independent associations of journalists rather than Faceless Bureaucracies (TM).
2. Kenmoria is - for all intents and purposes - under no obligation to include anything in his drafts (in general, not just this one) other than at least one operative clause that has an effect on member states.
3. WA legislation can impose requirements on individuals and companies. See, for instance: Stopping Suicide Seeds, Rights of the Quarantined, Responsibility in Transferring Arms.

[Kenmoria]

“See clause 9, which states ‘Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces.’ I feel that requiring specific ethical standards in broadcasting goes beyond the WA’s purview, especially considering how many newspapers do not follow these guidelines.”

Clause 9 has no effect on the conduct of the press, given that a World Assembly Law is an International Law and so it has legal effect only to Member States and not to individuals or private organisations. It would be necessary to explicitly clarify that Nation States have the right and duty to establish ethical code of conduct mandatory for the press.

(OOC: GA law not only applies to member states, but also to any companies or individuals under the jurisdiction of member states.)

[Tinfect]

In opposition to a ‘legal person’ such as a corporation, a ‘natural person’ is an individual.

"... Do foreigners genuinely grant personhood to corporations? To be completely honest, Ambassador, I was rather under the impression that was an artifact of translation. Do... do they hold citizenship? Is that why your governments are always so absurd? Not to cause offense, of course."

I’ve heard this before, and oppose your nation’s isolationist policies as a matter of principle.

"On what grounds? Foreigners are, by definition, non-citizens, they have no right to the Imperium and its territories, and it is well within the rights of the Imperium to protect its territories from unwanted incursion. What gives you the right, Ambassador, to command that Member-States place the 'rights' of foreign tabloid journalists over the rule of law, or even their own citizens?

You, certainly, are not an Imperial Citizen; your opposition to Imperial border policy is not a concern of 'isolationism', but merely that you do not have the right to trample over the Imperium as you please. Attitudes like yours are exactly why our borders are closed. Do you have any idea how hard it is to argue with Military Oversight that perhaps border restrictions could be loosened while every other foreigner that rears their head is sitting outside the gates trying to bash them down?"

[Ardiveds]

(OOC: GA law not only applies to member states, but also to any companies or individuals under the jurisdiction of member states.)

OOC: Now that you mentioned it, I was wondering, since press outsidw WA aren't bound by any resolutions, including this one (privided it passes), does a WA member nation has to let press from outside the WA into its borders if the press so desires under this resolution?

[Kenmoria]

In opposition to a ‘legal person’ such as a corporation, a ‘natural person’ is an individual.

"... Do foreigners genuinely grant personhood to corporations? To be completely honest, Ambassador, I was rather under the impression that was an artifact of translation. Do... do they hold citizenship? Is that why your governments are always so absurd? Not to cause offense, of course."

“My government is absurd for a whole separate set of reasons. Granting personhood to corporations is fairly standard.”

I’ve heard this before, and oppose your nation’s isolationist policies as a matter of principle.

"On what grounds? Foreigners are, by definition, non-citizens, they have no right to the Imperium and its territories, and it is well within the rights of the Imperium to protect its territories from unwanted incursion. What gives you the right, Ambassador, to command that Member-States place the 'rights' of foreign tabloid journalists over the rule of law, or even their own citizens?

You, certainly, are not an Imperial Citizen; your opposition to Imperial border policy is not a concern of 'isolationism', but merely that you do not have the right to trample over the Imperium as you please. Attitudes like yours are exactly why our borders are closed. Do you have any idea how hard it is to argue with Military Oversight that perhaps border restrictions could be loosened while every other foreigner that rears their head is sitting outside the gates trying to bash them down?"

“Although the Imperium has an obligation to protect its citizens, it also has a moral responsibility towards the international community as a whole. I do not see what measurable harm could result from regulated ‘incursions’ with peaceful intentions. It is not about one person’s rights being placed above another’s, rather the situation is about trying to come to a solution that satisfies all parties as much as is possible. Going to an extreme is inherently not a compromise.”

(OOC: GA law not only applies to member states, but also to any companies or individuals under the jurisdiction of member states.)

OOC: Now that you mentioned it, I was wondering, since press outsidw WA aren't bound by any resolutions, including this one (privided it passes), does a WA member nation has to let press from outside the WA into its borders if the press so desires under this resolution?

(OOC: Since that would be very controversial, I will edit the proposal such that this is no longer the case.)

[Maowi]

"Your definition of "the press" is incredibly broad, and would include any sharing of information in any setting, whether formal or informal. While as far as I can tell that should not cause major issues most of the way through the proposal, it could become problematic in clause 8, which would essentially ban lying in many ordinary cases. That seems over-the-top and near impossible to enforce; as such, I suggest you narrow or otherwise clarify your definition."

[Kenmoria]

"Your definition of "the press" is incredibly broad, and would include any sharing of information in any setting, whether formal or informal. While as far as I can tell that should not cause major issues most of the way through the proposal, it could become problematic in clause 8, which would essentially ban lying in many ordinary cases. That seems over-the-top and near impossible to enforce; as such, I suggest you narrow or otherwise clarify your definition."

“You raise a good point. I’ve tried to narrow the definition, but I suspect this definition will take a while to get correct, since ‘the press’ is such an undefined entity.”

[Partisan Italy]

I believe that clauses from 5 to 8 are too restrictive to the freedom of the press

4. Obligates that member nations do not disallow any person directly associated with the press of a member nation or member nations from entering their borders, provided that the entry is solely for legitimate journalistic purposes, and that the person would not be barred entry due to quarantine, a criminal record, or any other compelling safety purpose wholly unrelated to their status as a member of the press;

5. Prohibits member states from preventing the press from reporting on any story without a compelling safety or security reason, to which a prohibition on reporting would be the easiest or most effective response;

6. Clarifies that, if a member nation does restrict the press from sharing information about a given event, details of the event must be officially released as soon as possible once the situation has been resolved such that there is no longer a compelling reason;

7. Further clarifies that reprisals from other governments, individuals or WA committees as a result of illegal behaviour by that member state do not count as a compelling reason for the purposes of clause 4;

8. Compels all member states to grant their citizens access to information released by their national press, and demands that member states do not pass any laws that would restrict this access;

How about this new version?

4. Obligates that member nations do not disallow any person directly associated with the press of a member nation or member nations from entering their borders, provided that the entry is solely for legitimate journalistic purposes, and that the person would not be barred entry due to quarantine or any other compelling safety purpose wholly unrelated to their status as a member of the press;

5. Prohibits member states from preventing the press from reporting on any story without a compelling safety or security reason, to which a prohibition on reporting would be the easiest or most effective response; The State cannot use the safety or security reason exception to prevent the press from reporting on this matters:
a) Violations of human rights
b) Crimes against humanity
c) Illegal activities - with regard to national or international law - involving state officials
6. Clarifies that, if a member nation does restrict the press from sharing information about a given event, details of the event must be officially released as soon as possible once the situation has been resolved such that there is no longer a compelling reason;

7. Further clarifies that reprisals from other governments, individuals or WA committees as a result of illegal behaviour by that member state do not count as a compelling reason for the purposes of clause 4;

8. Compels all member states to grant their citizens access to information released by national or international press, and demands that member states do not pass any laws that would restrict this access;

[Kenmoria]

How about this new version?

4. Obligates that member nations do not disallow any person directly associated with the press of a member nation or member nations from entering their borders, provided that the entry is solely for legitimate journalistic purposes, and that the person would not be barred entry due to quarantine or any other compelling safety purpose wholly unrelated to their status as a member of the press;

“I can’t actually see a change that has been made to this clause.”

5. Prohibits member states from preventing the press from reporting on any story without a compelling safety or security reason, to which a prohibition on reporting would be the easiest or most effective response; The State cannot use the safety or security reason exception to prevent the press from reporting on this matters:
a) Violations of human rights
b) Crimes against humanity
c) Illegal activities - with regard to national or international law - involving state officials

“The issue is that such blanket prohibitions could very quickly become counterproductive. If the government of a member nation is trying to gather more evidence before arresting a corrupt official, then a newspaper reporting on said corruption before any evidence has been gathered would be very unhelpful.”

6. Clarifies that, if a member nation does restrict the press from sharing information about a given event, details of the event must be officially released as soon as possible once the situation has been resolved such that there is no longer a compelling reason;

“There have also not been any obvious changes to this clause.”

7. Further clarifies that reprisals from other governments, individuals or WA committees as a result of illegal behaviour by that member state do not count as a compelling reason for the purposes of clause 4;

“Nor have there been any changes here.”

8. Compels all member states to grant their citizens access to information released by national or international press, and demands that member states do not pass any laws that would restrict this access;

“You’ve changed national to national or international, which is a change with which I can agree.”

[Partisan Italy]

4. Obligates that member nations do not disallow any person directly associated with the press of a member nation or member nations from entering their borders, provided that the entry is solely for legitimate journalistic purposes, and that the person would not be barred entry due to quarantine or any other compelling safety purpose wholly unrelated to their status as a member of the press;

“I can’t actually see a change that has been made to this clause.”

The change in this clause is that it has been deleted the reference to criminal records: a journalist with criminal records who has served the sentence cannot be barred from entering a Nation, if this entry is necessary to do his/her work