Articles

21. July 2011

The legal environment in which a media outlet operates is a crucial factor in its success. A liberal and empowering legal regime will allow media to publish hard-hitting investigative reports and fulfill their function as watchdog of democratic society without fear of legal sanction, thus helping to make governments more accountable. This is a public good lost to citizens of countries with restrictive legal regimes.

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James Nangwala (right) and journalist Andrew Mwenda after winning their case
30. June 2011

James Nangwala is a leading Ugandan lawyer best known for his work defending the Daily Monitor, one of Uganda’s main newspapers, and for his series of successful constitutional challenges. He is responsible for overturning the country’s colonial-era laws on “publishing false news” and “sedition”, which were in active use against journalists. He is currently challenging the constitutionality of Uganda’s criminal libel and incitement laws.

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21. June 2011

Standing up to bullies can be extremely scary, as the head of one of Russia’s rare media-freedom groups recalls.

In the 1990s, Galina Arapova successfully defended a group of TV journalists who were sued for defamation by members of a neo-Nazi group, Russian National Unity.

“Those guys threatened the journalists and me with murder,” she said. “It was a very, very unpleasant experience, to say the absolute least.”

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21. June 2011

Malaysia has some of the toughest censorship laws in the world for newspapers, print publications and broadcasters - but go online and you can talk about almost anything.

This bizarre dual world arose from a promise in a 1996 law of free expression which the authorities seem at times to regret. It was made to help lure global Internet companies to Malaysia’s “Multimedia Super Corridor”, an attempt to create its own high-tech Silicon Valley.

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Caseload
8. September 2010

Rwanda

In Rwanda, for example, two independent newspapers, Umuseso and Umuvugizi, have each been hit with privacy and libel claims for reports of extramarital affairs involving government ministers and high-ranking public officials. There was a clear public interest in each of the stories, but the Rwandan courts apply a very high test to any defence put forward by journalists.

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30. August 2010

Uganda's Constitutional Court has delivered a major victory for freedom of speech in the East African country after it struck down the bitterly controversial sedition law.

The ruling, celebrated by journalists, lawyers and human rights campaigners, ended nearly a century of repressive prosecutions that began under colonial rule but have since continued under successive Ugandan governments.

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16. June 2010

The background to these cases is the rapid expansion in Thailand by a subsidiary of the British retail giant, Tesco, called Tesco Lotus.

As in other countries, the rise of out-of-town shopping has become a point of keen public discussion, largely because of the damaging effect it is widely supposed to have on local retailers. The Tesco moves also coincided with the passing in Thailand of the Retailing Act 2007, which seeks to safeguard the local market from being monopolised by superstores.

Here is a summary of the cases.

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Members of the bomb squad unit inspect damage after an explosion
4. June 2010

In April the "yellow" government used a state of emergency to close the opposition People Channel television. Thousands of "reds" stormed army lines and reopened it, though only briefly, and bloody clashes ensued.

But even before this critics were sounding alarm bells about growing censorship. Of particular concern is a tough cyber-crimes law that was brought in after the military coup in 2006 when the populist Prime Minister and red-shirt figurehead, Thaksin Shinawatra, was ousted.

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The dark side of the sun
4. June 2010

One day while driving her car Ndey Tapha Sosseh thought she was being followed. She had seen the same man and the same car too often in too many places for it to be a coincidence. But she wanted to be sure, so she took a characteristically brave decision and slammed on the brakes. The following car smashed into hers, whereupon she got out offering fulsome apologies. "Give me your name and I'll call the insurance," she said. "I must pay for the damage." Strangely, her follower demurred and left the scene.

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3. June 2010

In this interview with Media Defence Quarterly, Roque talks of his "subversive" grandparents, his family's opposition to the Marcos regime, his successful case against a sitting president - and the importance of being nice about judges.

Why did you become a lawyer?

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