Protection Of Journalists Research Articles

Vains of Ink and Blood: The Cost of Truth for Fearless Women

Abstract: In a world where information holds the power to change reality, mass media and journalists play a crucial role in uncovering the truth and upending the power system. Among them, women journalists stand out not only for their journalistic prowess but also for their courage in the face of challenging circumstances. Women journalists bring diverse perspectives to the newsroom, which ensures more comprehensive coverage of a news story that helps highlight issues that are often overlooked or underrepresented such as gender-based violence, human rights abuses, and social inequalities. Despite their significant contributions they have to face gender discrimination in the workplace, unequal pay, limited opportunities, and even have to sacrifice their life to reveal the truth. The primary objective of this research paper is to examine the tragic incidents such as murder or harassment of women journalists and discuss the case study. Based on existing secondary data a qualitative analysis will be conducted on this paper. The findings of this exploratory study will highlight the critical role journalists play in exposing corruption, violence or injustice. In order to maintain press freedom and protect individuals who challenge power systems, this study will shed light on the need for their security as well as the protection of journalists, especially women.

Peran the International Committee of the Red Cross (ICRC) pada Perlindungan Jurnalis Korban Perang Menurut Hukum Humaniter International

This article examines the role of the International Committee of the Red Cross (ICRC) in protecting journalists who are victims of war under international humanitarian law. The protection of journalists in armed conflict is an important issue given their role in conveying information to the public. International humanitarian law, through various instruments such as the Geneva Conventions and their Additional Protocols, emphasizes the need for special protection for journalists who are not involved in combat. The ICRC, as an independent humanitarian organization, plays a role in ensuring the application of and respect for these legal provisions. This article explores the steps taken by the ICRC, and highlights the challenges and opportunities in improving protection for journalists. The analysis also demonstrates the importance of international cooperation in strengthening compliance with international humanitarian law.

Constitutional Rights of Citizen Journalism in Indonesia: From Maqashid Sharia Perspective

The conception of a democratic rule of law in Indonesia has implications for the social and law order as a protection for the citizens. The protections guarantee the rights and responsibilities of every person regulated or protected by a democratic state. Either of the rights protected by the constitutions of Indonesia is guaranteed in obtaining and conveying information. As a profession, it is a part of journalistic activities, both professional and citizen journalism, as a constitutionally inherent right. The problem encountered is protection for citizen journalism, which is not regulated as protection for journalists in the legal system of the press. This research employed a qualitative model with a normative juridical approach to conceptualise the laws with facts and phenomena of journalistic activities. The analysis aims to assert that every person has a constitutional right to obtain and convey information like a professional journalist. A law is responsible for citizen journalism based on the law system of the press and code of ethics, which places citizen journalism products as a part of the news on press channels or press companies as the objects of the media that publish information. The concept of the principles of citizen journalism is related by maqashid shariah in Islam, which includes al-ahkam al-khamsah, namely religious protection (hifz al-din), protection of the soul (hifz al-nafs), protection of offspring (hifz al-nasl), protection of ideas/thoughts (hifz al-'aql), and protection of property (hifz al-mal).

Regulation of the international legal status of journalists during the war

The article highlights the problems of the legal status of journalists and their protection during the war on the basis of international legal acts. Attention is focused on the norms of the Geneva Convention of 1949 and its Additional Protocols, which regulate the status of journalists during armed conflicts. Attention is focused on the fact that it is necessary to distinguish two categories of journalists: war correspondents and independent journalists, which are considered separately, and war correspondents are protected by the armed forces, and independent journalists do not have such special protection. It is noted that international humanitarian law considers journalists working in areas of armed conflict as civilians subject to the protection by Geneva Conventions and their Additional Protocols. Deficiencies in the protection of journalists in the context of considering them as ordinary civilians are pointed out. The possibility of creating a single special international legal act is being considered, which will determine the legal status of journalists during their stay in combat zones, taking into account their important mission of conveying true information to society and the functions they perform at the same time. Attention is focused on the need to identify journalists, provide assistance and protection by states, ensure free movement of journalists and respect the confidentiality of their sources. The importance of investigating cases of violence or deaths of journalists was emphasized.

Protection Of Journalists' Right To Justice From Violence In The Performance Of Their Duties: A Human Rights Perspective

It is very important to protect the justice rights of journalists in carrying out their duties to maintain freedom of the press and freedom of expression, as well as to prevent intimidation, threats, and violence against journalists in carrying out their journalistic functions.This study uses a normative method with a statutory approach.Overall, the protection of journalists' rights has not met human rights standards in several aspects. Therefore, journalists should join a journalist organization to get help when they face legal problems. Currently, the legal protection received by journalists is still more repressive. One of the things that hinders journalists' organizations in carrying out their duties is that journalists who experience persecution often choose not to pursue the case they have reported to the authorities because they are worried about the consequences they will face if they report or pursue the case to the authorities.

Protection of Journalists under International Humanitarian Law: Modern Challenges for Freedom of Media under Martial Law

Protection of Journalists under International Humanitarian Law: Modern Challenges for Freedom of Media under Martial Law

Small powers as non-permanent members of the United Nations Security Council: A case study of the Baltic states

The main objective of this paper is to identify how small powers can make a difference by taking up a role at the United Nations Security Council (UNSC) as non-permanent members. This research takes a closer look at the Baltic states, Lithuania and Estonia, and gives a perspective for Latvia too. This paper examines whether these states use strategies that have made other small powers successful at the Security Council. Most of the materials used were documents from foreign services and the UNSC, and the methods employed were qualitative document analysis and interview. Lithuania was successful at making resolutions and highlighted topics, such as small arms and protection of journalists, whereas Estonia was successful at agenda setting and highlighted cyber security and environment security. Small powers can successfully work at the UNSC by setting the agenda and working on resolutions. However, their time as part of the UNSC is limited and their abilities to solve military conflicts depend on the support of the great powers. The Baltic states used some strategies that other small powers have successfully used, although they lacked influence for mediation and coalition building.

LEGAL PROTECTION OF JOURNALISTS DURING INTERNATIONAL ARMED CONFLICTS

The article is devoted to the analysis of the peculiarities of the legal status of journalists during international armed conflicts. It is emphasized that representatives of mass media who are on dangerous business trips belong to the category of civilians and enjoy the protection of international humanitarian law under the conditions, if they do not participate in military operations, with the exception of accredited military correspondents, who have a special legal status during coverage acts of military aggression. It is emphasized that the modern concept of "journalist" includes not only employees of traditional mass media, such as television, radio broadcasting, print media, as well as news agencies, but also the so-called new media: journalists of online media, bloggers, freelancers, employees of media communities, public activists and other media participants who communicate publicly with their audience Modern international humanitarian law does not provide for the presence of special means of protection for journalists, although the presence of a certificate or a special badge of a press representative, recommended to journalists by humanitarian organizations, can be considered conditionally as such. Loss of international legal protection by a journalist is possible under the conditions of approaching the place of active hostilities, as well as being inside a military formation, when the enemy has no opportunity to distinguish a combatant from a civilian or a journalist. It is emphasized the importance of further work on the preparation of the Convention on the Protection of Journalists during Armed Conflicts, as well as improving the mechanisms of control over compliance with the current provisions of international humanitarian law through the efforts of the professional journalistic society and international human rights organizations.

Protection of Journalists in Armed Conflict: An Insight from the Perspective of International Humanitarian Law

Protection of Journalists in Armed Conflict: An Insight from the Perspective of International Humanitarian Law

The Growth of Press Freedoms in the United States Since 9/11

The number, frequency, and seriousness of leaks of classified information have grown sharply in the last two decades. The government has reacted to these leaks with several initiatives to stop or deter them. Journalists and their allies, in turn, have complained that these initiatives have narrowed press freedoms and damaged the First Amendment. This essay argues that the journalists are wrong. The last two decades have witnessed an unprecedented growth in press freedoms in the national security context, and greater protection for journalists in their reporting of national security secrets. The indictment of Julian Assange is no violation of this norm, and in many ways confirms it.

Nick, Nick. Who’s There? Ethical Considerations When Reporting on the Dark Net

ABSTRACT This article examines ethical considerations of journalists who engage in reporting on the so-called “dark net” using an anonymous nick. Through in-depth interviews with journalists and assignment editors in three Norwegian media houses, the research identifies ethical considerations relating to the research phase, publishing phase and the journalist’s security. The informants adhere to the principles of using false identity as a last resort to reveal information of significant importance to society. Whereas four informants consider the use of nicks as using false identity, two informants challenge such an understanding. This discrepancy might call for an evaluation of whether the present code of ethics is relevant for today’s digital reporting environment. Internal and external transparency is considered essential when using nicks on the dark net for journalistic purposes. The need for documentation is balanced against the need to reduce harm and avoid prosecution due to the illegal character of the content investigated. Keeping one’s nicks secret for future reporting and for source protection is stressed. Encryption and physical distance to those investigated provides protection for journalists. Still, their regular online presence makes them vulnerable to anonymous, digital threats.

The Function of the Press Council in Supporting Legal Protection for Journalists to Actualise the Press Freedom

The Press Law established in 1999 as one of the main agenda for reform is a step forward in the effort to actualize press freedom, which is one of the important pillars in a democratic country. The Press Law introduces several things that are intended to strengthen press freedom as well as the quality of journalistic works. Among them are the participation of the community in supervising the press and the functions of the Press Council to receive complaints from the community and to establish and enforce the journalistic code of ethics with the press organization.
 
 However, until now the efforts to continue criminalization against journalists in Indonesia. Law enforcers still do not have a unified view that is in accordance with the spirit of democracy to realize press freedom in Indonesia. This was mainly driven by the practice of state legislation that sets out other laws, such as the ITE Law and the Pornography Law after the Press Law which contains provisions that open multiple interpretations of the provisions of the Press Law. The role of the Press Council in legal protection for journalists has also not been seen and it is as if it has become a new institution that repressed journalists.

Crossing Constitutional Boundaries: Searches and Seizures of Electronic Devices at U.S. Borders

In an era of increased attention to border security and continued technological advances, questions have been raised regarding searches and seizures of electronic devices at U.S. borders, implicating the First and Fourth Amendments. Many of these questions remain unanswered or have been made more complicated by conflicting court rulings, legislation and policies. Meanwhile, journalists continue to be targeted by warrantless searches and seizures. This article seeks to chart the legal landscape by (1) providing key background information, (2) discussing the First Amendment angle of warrantless searches of journalists’ devices, and (3) detailing the split among federal circuit and district courts regarding the Fourth Amendment question of whether border agents need reasonable suspicion to conduct forensic searches of electronic devices. The article argues that because federal courts, executive agencies, and Congress, have failed to adequately address journalists’ and other travelers’ rights at U.S. borders, the Supreme Court of the United States and Congress must provide at least some guidance regarding important Constitutional rights. Ideally, the Court or Congress should also ensure protection for journalists and press freedom at U.S. borders.

Libyan Journalists under Attack in Conflict Zone: The Challenges to Protect Transparency by Using Information and Communication Technology

Violence against journalists has increased in Libya, and many journalists have fled as a result of civil wars and Islamic groups such as ISIS, the main challenge for journalists covering war and conflict between civilians and Islamic groups such as ISIS. The article places a particular focus on the Investigation on political and financial corruption, the violations against Libyan journalists, and how can we protect Libyan journalists and the source of information?. Our findings suggest that journalist needs to increase collaboration among members of the journalist community to generate and promote a solution that will ultimately provide journalists with comprehensive protection, and the governments should respect for the profession of journalism itself which is fundamental to guarantee that journalists who gather information about war and conflict are protected. Reporters must investigate about the financial and political corruption issues. Finally, it’s necessary to amend the laws of the international community to be more protection for journalists not only through organizations but we should make a cooperation of all international organizations and agencies to protect journalists from killing and torture.

Khashoggi Case and the Issue of Human Rights Protectionof Journalists

Jamal Khashoggi is known for his very sharp critics to Saudi Arabian Governments. He was murdered at the Consulate facility of Saudi Arabia in Istanbul- Turkey. The case has become a concern of international society, put the questions of freedom of expression and press as well the security of journalist. This article is a normative legal research that is aimed to analyze the international human rights law’s protection to the journalist's activities and to discuss the case of Khashoggi, specifically on the issue which authorities that have obligations to impose legal sanctions to the alleged perpetrators. The research suggests that there have been international human rights norms and principles that protect journalist activities. In addition, it suggests that Turkey has jurisdiction to launch an investigation and prosecute the perpetrators who involve in the murder of Jamal Khashoggi.

Captured Media: Limitations and Structural Hindrances to Media Freedom in Serbia

This article investigates persistent limitations to media freedom in Serbia, principally understood as the legal status of press freedom and how this is put into practice (or not). Critically reviewing the set of newly adopted media laws and features of the crisis of press freedom over the past five years, the article suggests that, despite constitutional guarantees, adoption of relevant legislation, and decriminalization of libel, media freedom in Serbia still remains deficient owing to shortfalls in norm implementation and the rise of new challenges such as internet censorship. The findings offer a fuller picture of how a lack of transparency in media funding and media ownership, strong economic dependence of media workers, lack of adequate protection for journalists, and pressure from interconnected political and business groups has led to creeping self-censorship in the Serbian media.

Protection of Journalists in Armed Conflicts: An International Law Perspective

Each year a large number of journalists are killed or wounded in armed conflicts. In armed conflicts, journalists are among a precious few remaining actors capable of exposing illegality (Saul, 2009). Because war journalists ensure the realization of the human right to information of citizens all over the world, they play an essential role. International humanitarian law lays down the main international legal framework governing the journalists in armed conflicts. Article 79 of Additional Protocol I of Geneva Conventions states that “Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and they shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians”. It can be identified that journalists are protected under the condition that they take no active participation in hostilities. However, Geneva conventions have failed to provide a definition or direct participation of hostilities. Therefore, it is not clear of the instances journalists are protected under International Humanitarian Law because protection of journalists depends on the activities of journalists and whether it amounts to a direct participation in hostilities. Moreover, it can be seen that Geneva Conventions have not addressed the protection of journalists in non-international armed conflicts. Therefore, journalists in internal armed conflicts are not protected under Geneva conventions. Another, fundamental issue with regard to the protection of journalists is the distinction between War Correspondents and Independent Journalists. It can be identified that Geneva Conventions identifies War Correspondents and Independent Journalists as two distinct categories. Article 79(2) states that journalists should be protected without prejudice to the rights of war correspondents. It is important to identify different types of journalists in order to provide effective protection because different types of journalists serve different tasks in the battlefield and they must be given protection after considering the nature of their journalist activities. In this backdrop, the research aims to identify the existing legal framework governing journalists, to analyze inadequacy of the existing laws to protect journalists and to recommend a suitable protection mechanism to protect journalists. The research follows a qualitative approach of legal research. The research adopts the “Black-letter approach” which resulted in analyzing primary and secondary sources of law. The research recommends the adopting of a separate legal instrument to govern journalists in armed conflicts. An International convention should be introduced to protect them.

“Not to Disclose Information Sources”: Journalistic Privilege Under Article 19 of ICCPR

International law took a significant step in recent years toward protection of journalists' sources and newsgathering processes. The international law journalistic privilege previously had been upheld by international tribunals, but it was not until 2011 that the United Nations Human Rights Committee adopted an interpretation of freedom of expression that included journalistic privilege. The presence of the privilege within freedom of expression, as recognized in Article 19 of the International Covenant on Civil and Political Rights, is important for several reasons. As part of freedom of expression, the privilege may not be overcome without a showing of necessity and proportionality, is not subject to a margin of appreciation, and is entitled to full realization by the 168 nations that have signed and ratified ICCPR.

The International Protection of Journalists in Times of Armed Conflict and the Campaign for a Press Emblem

War correspondents have long been vulnerable to violence, by dint of their profession. Embedded amongst military units, or else unilaterally venturing into war zones, journalists who seek to cover events in conflict areas knowingly place themselves at risk of injury or death by their acts. The Geneva Conventions and Additional Protocol I – both of which regulate international armed conflicts – offer some protections for journalists during times of international armed conflict, but the increasingly amorphous character of twenty-first century armed conflicts has meant that journalists most often find themselves reporting on non-international armed conflicts, or conflicts that do not meet the threshold of armed conflict under international law. Recently, an international campaign, emanating from journalist advocacy organizations, has argued for the introduction of an internationally protected and recognized emblem, similar to the Red Cross emblem, as a means by which journalists can be identified as persons deserving special protection. The Press Emblem would be part of a larger convention geared towards the protection of journalists in armed conflict situations. Therefore, this article will examine the reasons behind the call for special protections, analyze and examine the current legal protections for journalists, and the perceived deficiencies of those protections, for media personnel who operate in conflict zones. This article will examine the substance of the prototype convention for the protection of journalists and analyze whether such a convention is indeed a necessary and useful addition to the law of armed conflict.

The Half-Hearted Protection of Journalistss Sources: Judicial Interpretation of Australiaas Shield Laws

Since 2011, several Australian jurisdictions have introduced ‘shield laws’ featuring a rebuttable presumption that journalists will not be compellable to give evidence that would disclose the identity of a confidential source. The first relevant case decided under these laws suggested that they will be more favourable to journalists than previous common law and statutory positions. However, celebration is premature. Australian judges have always been reluctant to exempt journalists from compelled disclosure of their sources, despite the fundamental ethical obligation journalists have to keep source identity and information confidential. Courts have only slowly and hesitantly recognised a public interest supporting that obligation. One important reason is that, unlike European and English courts, Australian courts have failed to consider the free speech implications of disclosure. As long as this judicial predisposition persists, Australian shield laws may provide only a weak protection for journalists.