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Declarations

IPI issued the "Vienna Declaration on Terrorism, Media and the Law" in 2009, the "Vienna Declaration on Public Broadcasting" in 1993 and the "Warsaw Declaration on News Agencies" in 1996

Vienna Declaration on Terrorism, Media and the Law

PREAMBLE

Participants at the IPI-CILS conference, “The War on Words – Terrorism, Media and the Law”, held in Vienna, Austria, on 5-6 October 2009, reiterate that freedom of expression and of the media are fundamental human rights, enshrined in Article 19 of the United Nations Universal Declaration of Human Rights.

Article 19 of the Universal Declaration states:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
We recognise that security is essential to safeguarding democracy and all human rights. Furthermore, Article 3 of the Universal Declaration guarantees the rights to “life, liberty and security of person,” which are closely related to wider security concerns.

At the same time, an important objective of many of those committing acts of terrorism is to undermine democracy and weaken respect for human rights. Journalists reporting on terrorism sometimes risk being attacked, taken hostage, or even killed. To respond to terror by unduly restricting rights, including the right to freedom of expression, would be to play into the hands of terrorists.

We believe that effective security and respect for freedom of expression are not incompatible but, rather, complementary. Indeed, it is our view that the free flow of information and ideas is an important antidote to terrorist ideologies and that a free media is indispensable to achieving this. Terrorism thrives where secrecy and rumour-mongering prevail. Individuals who have access to diverse, uncensored sources of information are less likely to resort to violent action than those who do not. Where effective platforms for democratic dialogue exist, underpinned by respect for freedom of expression, social tensions and disagreements are more likely to be resolved in peaceful ways.

A free and independent media, including new media, can play an indispensable role in holding those wielding power to account. A robust media sector, able to exert an effective watchdog role over security policies and bodies, and thereby help prevent abuse and wrongdoing, is key to combating terrorism.No restrictions should be imposed on the right to freedom of expression, including to safeguard security, that do not meet international law standards.Reporting on terrorism poses special challenges and the media should always strive to do so professionally and in accordance with ethical standards, including the principle of minimising harm.

DECLARATION

Everyone has the right to access diverse, uncensored sources of information. States should create an environment that encourages the development of a diverse, pluralistic media sector.

Media freedom, including editorial independence, should be respected by States and inter-governmental organisations. Specific obligations should not be imposed on media outlets in the pursuit of counter-terrorism.

The media should be free to report on terrorism, including terrorist acts and ideology, as long as this does not constitute intentional incitement to terrorism. Such reporting should not be penalised as ‘radicalising’ potential terrorists or under other vague and unduly broad grounds, such as ‘glorifying’, ‘justifying’ or ‘promoting’ terrorism or extremism.

The right of the media to report on violations of human rights and on the infringement of civil liberties should be respected.

Voluntary self-regulation is an important and appropriate means of promoting professionalism and high standards in the media. States should respect the right of the media to engage in self-regulation, which may include establishing standards of practice and other media accountability systems.

Policies and laws adopted with a view to combating terrorism should be consistent with international and constitutional standards, including guarantees of freedom of expression and of the media. In this regard, the notion of national security should not be abused to protect the government, powerful interests or particular ideologies, or to prevent the exposure of wrongdoing or incompetence.

States of emergency should not be declared outside of situations that threaten the life of the nation. Any limitations on rights during emergencies, including the right to freedom of expression and of the media, should be limited in ways and duration that are strictly required by the situation.

No State or inter-governmental organisation should seek to take control over a private or public media outlet, including during an emergency or terrorist threat.

States and inter-governmental organisations should recognise and respect the right of media workers and media outlets to protect the identity of their confidential sources of information.

The right to access information from public bodies, both national and international, as well as private bodies undertaking public functions, should be recognised in law and respected in practice through right to information laws (also known as access to information or freedom of information laws), in accordance with international standards. Public bodies should, in particular, avoid overbroad national security exceptions to the right to information.

Enforcement of counter-terrorism laws should never be arbitrary or conducted in bad faith and should always be subject to independent judicial oversight.

The Vienna Declaration on Public Broadcasting

The International Press Institute, at its European Media Symposium "From State-Controlled Broadcasting to Public Broadcasting", held in Vienna, Austria, 22-24 September 1993,

Declares its unconditional support for the development of editorially independent public service broadcasting to replace the state-controlled broadcasting structures, which continue to exist in Eastern Europe and therefore,

Recalling the Universal Declaration of Human Rights, Article 19, which states that "everyone has the right to freedom of opinion and expression , this right includes freedom of opinions without interference and to seek, receive and impart information and ideas through any media, and regardless of frontiers";

Recalling the General Conference of UNESCO in 1989 with its main focus on the promotion of the "free flow of ideas by word and image at the international, as well as national levels";

Recalling UNESCO's seminars in Windhoek, Namibia, in 1991 and in Alma Ata, Kazakhstan, in 1992, and acknowledging their importance as milestones in the struggle for free, independent and pluralistic print and broadcast media in all regions of the world,

1. Demands legal and statutory measures which support the right of journalists and program producers in broadcasting organizations to exercise their profession safely and without interference.
2. Calls for the complete and immediate extension of the freedom of the press to include the freedom of broadcasting. This freedom of the media is to guarantee public broadcasters their independence in the exercise of the tasks conferred upon them. To avoid pressure by the government of the day or other public or private bodies, this principle should be enshrined in national constitutions, broadcasting statutes as well as the statutes of international organizations.
3. Calls for constitutional and statutory measures to remove the governing and managing bodies of public broadcasters from everyday politics. Leading positions in the media should be open to men and women of achievement, regardless of their political affiliations. Only such openness can create an environment of diversity and high quality.
4. Proposes that a primary mission of public broadcasting should be to inform people of the issues – past, present and future – that are of direct concern to them. Public broadcasting should also serve as a medium for the expression and debate of basic values.
5. Calls on managements and staff representations to commit broadcasting journalists to editorial objectivity. The highest aim must be free and fair information for the public. All aspects of an issue are to be presented with journalistic integrity, in a balanced manner and within an appropriate period of time.
6. Proposes the introduction of guidelines for journalistic practices in the public broadcasting media. These guidelines are to be developed by the journalists themselves, without interference from governments, political parties or other interest groups.
7. Demands legal measures to assure diversified funding, including – but not limited to – viewers' and listeners' fees, other forms of public funding as well as advertising to an extent which reflects an increasingly competitive environment.
8. Demands that state and public bodies allow the independent media, including public-service broadcasters, the same free access to all information, material and facilities as the official media.
9. Demands that public broadcasters and independent media be assisted in the upgrading of the production, content and presentation of television news and current affairs programmes through the provision of new technology and the exposure of staff to modern production techniques.
10. Proposes the abolition of monopolies and, while not questioning the privileged position of public broadcasters in the exercise of their tasks, of all forms of discrimination in broadcasting and frequency allocation, as well as the abolition of all barriers to the launching of new private media outlets.

In conclusion, IPI believes that public broadcasting should be a true reflection of the constitution, the principles and the attitudes of a free and democratic state.

The Warsaw Declaration on News Agencies

Freedom of speech and of the press are fundamental human rights. They include and require the free flow of information. Most of the information which the public receives every day, comes from news media. Much of this is gathered and distributed by news agencies.

Each State should provide appropriate conditions for unfettered exchange of news. That is why we, the representatives of news agencies, and of professional organisations, present at the IPI Round Table on "News Agencies in Transition", held in Warsaw, Poland, August 29-31, 1996, make the following declaration:

1. Everyone has the right to free access to information needed to exercise their rights and duties as citizens. No laws or regulations should limit this right.
2. News agencies must have the right to gather and distribute information freely. No censorship, direct or indirect, is acceptable; no government authorities at any level, nor economic and other interest groups should interfere with the content of news reports or restrict access to any news source.
3. A free flow of information between news agencies and other media institutions is essential for them to inform the public. Therefore, they must be allowed to act without fear of reprisal, to exchange news with other news agencies and to distribute it to news media, other institutions and subscribers without censorship or any other restraint.
4. All news agencies, regardless of their form of ownership, operating in the same country, should have an equal right to gather, receive and distribute information and to possess facilities and equipment necessary for their operations.
5. No State should restrict the information-gathering and distributing activities of a foreign news agency of its correspondents. They must enjoy timely and free access to news sources, locations and events.
6. State-owned news agencies must be granted full journalistic independence. Any guidelines for journalistic practices should be developed by the journalists themselves and applied only by the news media organisation, without interference from governments, political parties or other interest groups.
7. Neither government representatives nor any state authority should be allowed to impose any kind of official judgement on the journalistic performance of a news agency.
8. No news agency or its journalists should be favoured or discriminated against because of what they write or say. The must not be penalised for what they report.
9. News agency journalists should have free access to information from official and other news sources and a right to resist information forced upon them.
10. Authorities should not introduce any legal, technical or tariff constraints which may limit the news agencies' free flow of information and distribution of news. News agencies should have the right to import or export all necessary professional materials and equipment, enabling them to gather and send information. Journalists should be able to obtain visas and accreditation in a timely fashion without any administrative harassment or restrictions.