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[DRAFT] Protecting Journalistic Freedom

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Partisan Italy
Lobbyist
 
Posts: 11
Founded: Apr 19, 2020
Liberal Democratic Socialists

Postby Partisan Italy » Sun May 17, 2020 6:39 am

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.”

You are right on the c) point. Another formulation could be:
"c) Illegal activities - with regard to national or international law - involving state officials, except in the case in which the journalistic activity could cause damage to the conduct of investigations by the judiciary."

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Kenmoria
GA Secretariat
 
Posts: 7914
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Sun May 17, 2020 8:12 am

Partisan Italy wrote:
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.”

You are right on the c) point. Another formulation could be:
"c) Illegal activities - with regard to national or international law - involving state officials, except in the case in which the journalistic activity could cause damage to the conduct of investigations by the judiciary."

“How would a journalist know whether secret investigations are taking place? They’re observant, not omniscient.”
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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Partisan Italy
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Posts: 11
Founded: Apr 19, 2020
Liberal Democratic Socialists

Postby Partisan Italy » Sun May 17, 2020 8:36 am

“How would a journalist know whether secret investigations are taking place? They’re observant, not omniscient.”

A legal investigation cannot be entirely secret: it requires at least a warranty notice. If you are talking about secret investigations by secret services, that are secrets because their activities are usually illegal, it's the responsibility of the secret service keeping journalists away.
In any way it is the responsibility of authorities to evaluate if a journalistic activity can demage investigations and to keep journalists away.

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Kenmoria
GA Secretariat
 
Posts: 7914
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Sun May 17, 2020 8:47 am

Partisan Italy wrote:
“How would a journalist know whether secret investigations are taking place? They’re observant, not omniscient.”

A legal investigation cannot be entirely secret: it requires at least a warranty notice. If you are talking about secret investigations by secret services, that are secrets because their activities are usually illegal, it's the responsibility of the secret service keeping journalists away.
In any way it is the responsibility of authorities to evaluate if a journalistic activity can demage investigations and to keep journalists away.

“This seems to be something that would differ by jurisdiction and locality, and therefore not suited to GA law. I think that your suggestion would be best implemented at a national level, since it is always possible for member states to provide additional freedoms to journalists.”
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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Christian Democrats
Postmaster-General
 
Posts: 10093
Founded: Jul 29, 2009
New York Times Democracy

Postby Christian Democrats » Sun May 17, 2020 11:38 am

Kenmoria wrote: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

Why should members of the press have special privileges over other individuals who wish to travel abroad?

Kenmoria wrote:9. Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces

So this proposal would require member states to criminalize conduct that they might currently permit, thus reducing freedom of the press in those nations?
Leo Tolstoy wrote:Wrong does not cease to be wrong because the majority share in it.
GA#160: Forced Marriages Ban Act (79%)
GA#175: Organ and Blood Donations Act (68%)^
SC#082: Repeal "Liberate Catholic" (80%)
GA#200: Foreign Marriage Recognition (54%)
GA#213: Privacy Protection Act (70%)
GA#231: Marital Rape Justice Act (81%)^
GA#233: Ban Profits on Workers' Deaths (80%)*
GA#249: Stopping Suicide Seeds (70%)^
GA#253: Repeal "Freedom in Medical Research" (76%)
GA#285: Assisted Suicide Act (70%)^
GA#310: Disabled Voters Act (81%)
GA#373: Repeal "Convention on Execution" (54%)
GA#468: Prohibit Private Prisons (57%)^

* denotes coauthorship
^ repealed resolution
#360: Electile Dysfunction
#452: Foetal Furore
#560: Bicameral Backlash
#570: Clerical Errors

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Partisan Italy
Lobbyist
 
Posts: 11
Founded: Apr 19, 2020
Liberal Democratic Socialists

Postby Partisan Italy » Sun May 17, 2020 12:03 pm

Why should members of the press have special privileges over other individuals who wish to travel abroad?

It is because journalists are essential to guarantee the right of all human beings to access all sorts of informations from every corner of the world. This work is fundamental in a world that is global and interconnected.

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Kenmoria
GA Secretariat
 
Posts: 7914
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Sun May 17, 2020 1:44 pm

Christian Democrats wrote:
Kenmoria wrote: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

Why should members of the press have special privileges over other individuals who wish to travel abroad?

(OOC: As Partisan Italy said, members of the press undertake vital work that is crucial to an interconnected and informed world. Ordinarily holidaymakers are not performing such duties and therefore shouldn’t have such privileges.

Kenmoria wrote:9. Mandates that the press do not deliberately spread information that they know to be definitely untrue, not including opinion pieces

So this proposal would require member states to criminalize conduct that they might currently permit, thus reducing freedom of the press in those nations?

In nations where this would have a significant impact, the press would not be performing their journalistic duties correctly, and therefore the press as a whole might suffer disbelief. For an analogy to this situation, see America’s current distrust of the media. In a country where the press are actually spreading lies, this distrust would presumably be worse, to the extent that the free press as a whole suffers.)
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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Veniyerris
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Posts: 25
Founded: Mar 30, 2017
Ex-Nation

Postby Veniyerris » Sun May 17, 2020 5:31 pm

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


This seems unenforceable, perhaps prohibiting *intent* to publish false information would be more effective?

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Christian Democrats
Postmaster-General
 
Posts: 10093
Founded: Jul 29, 2009
New York Times Democracy

Postby Christian Democrats » Sun May 17, 2020 8:00 pm

Kenmoria wrote:
Christian Democrats wrote:Why should members of the press have special privileges over other individuals who wish to travel abroad?

(OOC: As Partisan Italy said, members of the press undertake vital work that is crucial to an interconnected and informed world. Ordinarily holidaymakers are not performing such duties and therefore shouldn’t have such privileges.

Yes, but what about business travelers, pilgrims, researchers, or students? Who's the WA to tell nations which travelers to prioritize?

Kenmoria wrote:
So this proposal would require member states to criminalize conduct that they might currently permit, thus reducing freedom of the press in those nations?

In nations where this would have a significant impact, the press would not be performing their journalistic duties correctly, and therefore the press as a whole might suffer disbelief. For an analogy to this situation, see America’s current distrust of the media. In a country where the press are actually spreading lies, this distrust would presumably be worse, to the extent that the free press as a whole suffers.)

It's not the WA's place to mandate censorship of the press, especially in a proposal titled "Protecting Journalistic Freedom."
Leo Tolstoy wrote:Wrong does not cease to be wrong because the majority share in it.
GA#160: Forced Marriages Ban Act (79%)
GA#175: Organ and Blood Donations Act (68%)^
SC#082: Repeal "Liberate Catholic" (80%)
GA#200: Foreign Marriage Recognition (54%)
GA#213: Privacy Protection Act (70%)
GA#231: Marital Rape Justice Act (81%)^
GA#233: Ban Profits on Workers' Deaths (80%)*
GA#249: Stopping Suicide Seeds (70%)^
GA#253: Repeal "Freedom in Medical Research" (76%)
GA#285: Assisted Suicide Act (70%)^
GA#310: Disabled Voters Act (81%)
GA#373: Repeal "Convention on Execution" (54%)
GA#468: Prohibit Private Prisons (57%)^

* denotes coauthorship
^ repealed resolution
#360: Electile Dysfunction
#452: Foetal Furore
#560: Bicameral Backlash
#570: Clerical Errors

User avatar
Kenmoria
GA Secretariat
 
Posts: 7914
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Mon May 18, 2020 2:58 am

Christian Democrats wrote:
Kenmoria wrote:(OOC: As Partisan Italy said, members of the press undertake vital work that is crucial to an interconnected and informed world. Ordinarily holidaymakers are not performing such duties and therefore shouldn’t have such privileges.

Yes, but what about business travelers, pilgrims, researchers, or students? Who's the WA to tell nations which travelers to prioritize?

(OOC: Though those groups of people are no doubt important, they don’t fall under the purview of this proposal. If someone wants to write a piece of legislation guaranteeing the rights of pilgrims to access holy sites, or researchers to gain entry to places of scientific interest, then that’s great. This proposal specifically focuses on journalists, and the compelling reason that journalists should be afforded access to member states.

Kenmoria wrote:In nations where this would have a significant impact, the press would not be performing their journalistic duties correctly, and therefore the press as a whole might suffer disbelief. For an analogy to this situation, see America’s current distrust of the media. In a country where the press are actually spreading lies, this distrust would presumably be worse, to the extent that the free press as a whole suffers.)

It's not the WA's place to mandate censorship of the press, especially in a proposal titled "Protecting Journalistic Freedom."

I have come up with a different approach in the latest draft, which removes this proposal’s protections for newspapers that have been involved in misinformation, rather than enacting a prohibition.)
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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Maowi
Ambassador
 
Posts: 1241
Founded: Jan 07, 2019
Civil Rights Lovefest

Postby Maowi » Mon May 18, 2020 2:49 pm

OOC: I don't know if this is a thing IRL for some reason, but why should it be any better to knowingly spread misinformation in an opinion piece than anywhere else? Giving your take on an issue, sure, but saying things you are fully aware to be untrue?

It also seems excessive to remove these protections from any news organisation that has EVER spread misinformation, regardless of completed or ongoing efforts to improve reporting.
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Christian Democrats
Postmaster-General
 
Posts: 10093
Founded: Jul 29, 2009
New York Times Democracy

Postby Christian Democrats » Mon May 18, 2020 9:29 pm

Kenmoria wrote:
It's not the WA's place to mandate censorship of the press, especially in a proposal titled "Protecting Journalistic Freedom."

I have come up with a different approach in the latest draft, which removes this proposal’s protections for newspapers that have been involved in misinformation, rather than enacting a prohibition.)

That's substantially more acceptable!
Leo Tolstoy wrote:Wrong does not cease to be wrong because the majority share in it.
GA#160: Forced Marriages Ban Act (79%)
GA#175: Organ and Blood Donations Act (68%)^
SC#082: Repeal "Liberate Catholic" (80%)
GA#200: Foreign Marriage Recognition (54%)
GA#213: Privacy Protection Act (70%)
GA#231: Marital Rape Justice Act (81%)^
GA#233: Ban Profits on Workers' Deaths (80%)*
GA#249: Stopping Suicide Seeds (70%)^
GA#253: Repeal "Freedom in Medical Research" (76%)
GA#285: Assisted Suicide Act (70%)^
GA#310: Disabled Voters Act (81%)
GA#373: Repeal "Convention on Execution" (54%)
GA#468: Prohibit Private Prisons (57%)^

* denotes coauthorship
^ repealed resolution
#360: Electile Dysfunction
#452: Foetal Furore
#560: Bicameral Backlash
#570: Clerical Errors

User avatar
Kenmoria
GA Secretariat
 
Posts: 7914
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Tue May 19, 2020 4:50 am

Maowi wrote:OOC: I don't know if this is a thing IRL for some reason, but why should it be any better to knowingly spread misinformation in an opinion piece than anywhere else? Giving your take on an issue, sure, but saying things you are fully aware to be untrue?

It also seems excessive to remove these protections from any news organisation that has EVER spread misinformation, regardless of completed or ongoing efforts to improve reporting.

(OOC: That was a wording error, I meant to exclude opinions rather than opinion pieces. The second feedback I will try to address, but it could be challenging to do so without providing member states too much room to misinterpret.)
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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