03: Safety of Journalists
Journalists are subjected to harassment, threats, violence and even killings by both private individuals and state officials – simply for doing their job of supplying information to the public. Some reporters are arrested, detained without charge, and imprisoned by the authorities – to stop the truth from getting out. What needs to be done to prevent such abuses and make sure that perpetrators do not enjoy impunity?
SAFETY FIRST
Journalists, reporters in particular, often get into dangerous situations, for example when they cover demonstrations, turmoil or war-like conflict. In all these cases there is one ground rule: No story is worth risking body or life. But as humans, colleagues and stakeholders in journalism, we simply cannot stay silent about intentional attacks on media personnel.
OBLIGATIONS OF THE STATE
Journalists have to earn public respect. But like every citizen, they also have a right to have freedom of expression and press freedom respected and protected at all times – even in cases where mis conduct of some individual reporters does not earn them respect.
This universal protection is one of the obligations of governments. And it especially applies to journalists who are in the front row for attacks. The African Union’s Declaration on Principles for Freedom of Expression and Access to Information in Africa makes this point in quite specific detail:
And the Declaration goes on to say:
“States shall guarantee the safety of journalists and other media practitioners, including murder, extra-judicial killing, torture and other forms of ill-treatment, arbitrary arrest and detention, enforced disappearance, kidnapping, intimidation, threats and unlawful surveillance undertaken by State and non-State actors.”
“States shall take effective legal and other measures to investigate, prosecute and punish perpetrators of attack against journalists, and ensure that victims have access to effective remedies.”
Impunity
Threats against the press are intended to intimidate. And, if left unaddressed, they can escalate, even becoming fatal. Further attacks on journalists are encouraged – even invited – if there are no consequences for the perpetrators. If, quite literally, they are allowed to get away with murder. This is called impunity.
Two historic cases in Africa showed proof that states are at fault when they do not act against impunity – they are often cited by courts as reference judgements.
Burkinabe editor Norbert Zongo was murdered in 1998. The case was brought to the African Court on Human and Peoples’ Rights more than 15 years later. The Court found that the government had violated the right to freedom of expression by refusing to investigate the case diligently and prosecute those responsible for the crime. According to the judgement, the killing of a journalist is a method of intimidation that should not be allowed anywhere. The court demanded that the case be reopened and damages be paid to the slain journalist’s family.
Another case in point is that of Gambian editor Deyda Hydara, assassinated in 2004. After his murder, the Gambian authorities opened an investigation which was closed less than a month later with nobody held responsible. In 2014, the case came before the Court of the Economic Community of Western African States (ECOWAS). The court found that a state breaches international law and its treaty obligations when “it fails to protect media practitioners including those critical of the regime.” Gambia, the court said, did not properly investigate the murder and thus allowed impunity, thereby violating the right to freedom of expression.
ACTION AGAINST IMPUNITY
Governments should be pressured to unequivocally condemn all violations of human rights, and violations of the right to expression is no exception. Authorities also need to be pressured to apply the rule of law in cases of attacks on journalists.
Activists can make the point that when apparent lawlessness is allowed to prevail, this discredits a government and suggests that it is not in control. Condoning any form of violence against journalists risks creating a monster which can grow and turn on the authorities themselves.
An occasion to remind governments of their duty to guarantee the safety of media workers is the date of 2 November. The United Nations chose this date as the International Day to End Impunity for Crimes Against Journalists, to be observed annually. Each year, UNESCO produces campaign publicity materials for worldwide mobilising of action around this day.
A useful tool to fight impunity is the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity. This plan has stimulated many countries to develop national plans and strategies, and some governments have even named “focal points” within their administrations to deal with such matters.
Governments are requested to provide information on safety of journalists in their respective countries to a number of UN mechanisms, for example in a bi-annual report to be submitted to UNESCO. They are also requested to report on judicial progress in cases of journalists killed within their jurisdiction. Civil society and media can monitor these reports (and their gaps) closely, and alert their societies as to what is being said (or not said) by governments on behalf of the people.
The UN Security Council said in resolution 2222 that journalists must be treated as civilians during armed conflicts; that targeting them otherwise constitutes a war crime; and that States should “end impunity for such criminal acts”. That’s another weapon for campaigns.
Attacks against women journalists
Off-line and online violence against women journalists in particular encompasses verbal, visual and physical attacks. Women in the media experience such abuse from public figures and anonymous perpetrators, and even from sources and colleagues. Some have quit their jobs as a result. Such attacks are a reprehensible – and punishable – criminal act. They also pose a threat to diversity in the media, and thus to equal participation in democratic deliberation. The African Union’s Declaration says:
“States shall measures to ensure the safety of female journalists and media practitioners by addressing gender-specific safety concerns, including sexual and gender-based violence intimidation and harassment.”
ATTACKS THROUGH DIGITAL TOOLS
Digital technologies have brought about new threats for journalists. Online harassment, mass and targeted surveillance, data security weaknesses and digital attacks (such as hacking) jeopardize the safety and integrity of journalists as well as their sources of information. Both state and non-state actors use these tactics to gain access to confidential information and intimidate journalists.
The prevalence of such practices online reflects not just a failure of the rule of law. It also reveals the failure of social media companies to prevent such attacks, and to ban or expose perpetrators.
Advocacy is needed to pressure the platforms to end impunity for online attacks generally, and specifically in cases of attacks on journalists and human rights defenders. Offenders should be warned and “de-platformed” for breaching platforms’ terms of use (so-called community standards). It is imperative that choreographed and orchestrated “pile-ons” against journalists are detected by the companies, and that the victims be given protection.
Media owners’ responsibility
Media owners play a critical role in ensuring the safety of journalists. They must take proactive steps to protect their staff and freelancers from physical, digital, legal, and psychological threats. Here are a few examples of what they should do:
- Organise digital security training to protect journalists from hacking, surveillance, and online harassment. Monitor and counteract digital threats, such as hacking and surveillance, using encryption and secure servers.
- Have a lawyer on stand-by to provide legal aid and advocacy for journalists facing lawsuits, arrests, or government harassment.
- Improve physical security within media houses, including through CCTV, secure entry points, and emergency evacuation plans.
- Engage in lobbying efforts to protect journalists’ rights and push for justice so that impunity cannot be allowed to stand.
- Partner with press freedom organizations like the Committee to Protect Journalists, Reporters Without Borders, and local journalist unions and networks of media lawyers.
This INFO BITE is selected from the online course on Media
and Digital Policy in Africa, offered by Stellenbosch University
in association with Namibia Media Trust.
There are free and paid options available for the full course.
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