RSF :
February 5th, 2007
from Reporters without Borders’ Annual report 2007
Area: 514,000 sq. km.
Population: 64,233,000.
Language:
Head of government: General Surayud Chulanont.
Before he was overthrown in a military coup in September, Thaksin Shinawatra had continued to weaken the independence of the media and to harass dissidents. The government set up by the junta has not lifted pressure or censorship, particularly online.
The year 2006 turned into a nightmare for Prime Minister and media magnate Thaksin Shinawatra. At the start of the year, the Thaksin clan suffered a stinging defeat in the courts with the victory of press freedom activist Supinya Klangnarong whom it had tried to gag. She had in particular condemned the head of state’s conflict of interests. Under growing pressure from street demonstrations, Thaksin Shinawatra mobilised his supporters against media hostile to the government. At least six journalists were physically attacked or threatened in April by some of his supporters. Despite his promises, the prime minister continued to bring “defamation” suits against media who criticised him, demanding grossly inflated damages. In 2006, at least five journalists were sacked as a result of government pressure.
The leading newspapers decided to make a stand against the interventionism of the Thaksin government and in May carried a collective editorial in which they stressed their commitment to public service journalism. The Thai Journalists’ Association (TJA) also campaigned for defamation to be decriminalised.
During the 19 September coup, troops were deployed around TV stations and the junta, which proclaimed itself the National Security Council, threatened to bring back censorship. The national terrestrial channels along with CNN and the BBC broadcast on cable were blacked out for several hours, apart from the independent Nation TV. A few hours after the coup, the new information minister instructed the media to be “co-operative” and “to limit, control, stop or destroy news which could damage the constitutional monarchy”. In the days following the coup, around 300 community radios suspected of supporting Thaksin Shinawatra, were shut down in the
The press, which was mostly favourable to the departure of Thaksin, did not get much more freedom from the military government. Journalists questioned by Reporters Without Borders confirmed that they were still under pressure. When in December the administration presented a budget in which military spending was hiked by 34%, the press did not dare publish critical editorials. Likewise, the Thai Journalists’ Broadcast Association (TJBA) said in October that the television was no freer after the end of the Thaksin regime. “In the past, we suffered from self-censorship. Today, we cannot even investigate the activities of the junta (…) we are being stifled”, said one of the organisers of the TBJA, three weeks after the coup.
Under the threat of the crime of “lese majesty”, punishable by 15 years in prison, the press is very limited in talking about King Bhumibol Adulyadej and his family, who quickly gave their support to the military government. During anti-government demonstrations, Thaksin Shinawatra and his opponents mutually accused each other of such an offence, putting several media magnates, including his fierce opponent Sondhi Limthongkul, at risk of being sentenced to heavy prison terms.
The Ministry of Information and Communications Technology acknowledges that it blocks thousands of website, most of them pornographic. A few sites criticising the king or condemning corruption are also filtered. In the days after the coup, there was an increase in cases of political censorship online. Some pages of the BBC and CNN, along with Thai online publications hostile to the army takeover, were made inaccessible. By the end of 2006, filtering of the Internet had returned to its usual level.
Since the development of professional journalism at the beginning of the 20th Century, journalists have been expected to follow a stringent code of journalistic conduct that requires them to, among other things:
This was in stark contrast to the media climate prior to the 20th Century, where the media market was dominated by smaller newspapers and pamphleteers who usually had an overt and often radical agenda, with no presumpton of balance or objectivity. E.g., see (1).
There are several professional organizations, universities and foundations that recognize excellence in journalism. The Pulitzer Prize, administered by Columbia University in New York City, is awarded to newspapers, magazines and broadcast media for excellence in various kinds of journalism. The Columbia University Graduate School of Journalism gives the Alfred I. duPont-Columbia University Awards for excellence in radio and television journalism, and the Scripps Howard Foundation gives the National Journalism Awards in 17 categories. The Society of Professional Journalists gives the Sigma Delta Chi Award for journalism excellence. In the television industry, the National Academy of Television Arts & Sciences gives awards for excellence in television journalism
Such a code of conduct can, in the real world, be difficult to uphold consistently. Journalists who believe they are being fair or objective may give biased accounts -- by reporting selectively, trusting too much to anecdote, or giving a partial explanation of actions. (See Media bias.) Even in routine reporting, bias can creep into a story through a reporter's choice of facts to summarize, or through failure to check enough sources, hear and report dissenting voices, or seek fresh perspectives.
As much as reporters try to set aside their prejudices, they may simply be unaware of them. Young reporters may be blind to issues affecting the elderly. A 20-year veteran of the "police beat" may be deaf to rumors of departmental corruption. Publications marketed to affluent suburbanites may ignore urban problems. And, of course, naive or unwary reporters and editors alike may fall prey to public relations, propaganda or disinformation.
News organizations provide editors, producers or news directors whose job is to check reporters' work at various stages. But editors can get tired, lazy, complacent or biased. An editor may be blind to a favorite reporter's omissions, prejudices or fabrications. (See Jayson Blair.) Provincial editors also may be ill-equipped to weigh the perspective (or check the facts of) a correspondent reporting from a distant city or foreign country. (See News management.)
A news organization's budget inevitably reflects decision-making about what news to cover, for what audience, and in what depth. Those decisions may reflect conscious or unconscious bias. When budgets are cut, editors may sacrifice reporters in distant news bureaus, reduce the number of staff assigned to low-income areas, or wipe entire communities from the publication's zone of interest.
Publishers, owners and other corporate executives, especially advertising sales executives, can try to use their powers over journalists to influence how news is reported and published. Journalists usually rely on top management to create and maintain a "firewall" between the news and other departments in a news organization to prevent undue influence on the news department. One journalism magazine, Columbia Journalism Review, has made it a practice to reveal examples of executives who try to influence news coverage, of executives who do not abuse their powers over journalists, and of journalists who resist such pressures.
Generally, publishers and consumers of journalism draw a distinction between reporting — "just the facts" — and opinion writing, often by restricting opinion columns to the editorial page and its facing or "op-ed" (opposite the editorials) page. Unsigned editorials are traditionally the official opinions of the paper's editorial board, while op-ed pages may be a mixture of syndicated columns and other contributions, frequently with some attempt to balance the voices across some political or social spectrum.
The distinction between reporting and opinion can break down. Complex stories often require summarizing and interpretation of facts, especially if there is limited time or space for a story. Stories involving great amounts of interpretation are often labelled "news analysis," but still run in a paper's news columns. The limited time for each story in a broadcast report rarely allows for such distinctions.
Ambush journalism refers to aggressive tactics practiced by journalists to suddenly confront with questions people who otherwise do not wish to speak to a journalist. The practice has particularly been applied by television journalists, such as those on the CBS-TV news show 60 Minutes and by Geraldo Rivera, currently on the Fox News cable channel, and by hundreds of American local television reporters conducting investigations.
The practice has been sharply criticized by journalists and others as being highly unethical and sensational, while others defend it as the only way to attempt to provide those subject to it an opportunity to comment for a report. Ambush journalism has not been ruled illegal in the United States, although doing it on private property could open a journalist to being charged with trespassing.
Gotcha journalism refers to the deliberate manipulation of the presentation of facts in a report in order to portray a person or organization in a particular way that varies from an accurate portrayal based on balanced review of the facts available. In particular it is applied to broadcast journalism, where the story, images and interviews are tailored to create a particular impression of the subject matter.
It is considered highly unethical to engage in gotcha journalism. Many subjects of reporting have claimed to have been subjected to it, and some media outlets are guilty of deliberately biased reporting.
Journalism is a discipline of gathering, writing and reporting news, and more broadly it includes the process of editing and presenting the news articles. Journalism applies to various media, including newspapers, magazines, radio, and television.
While under pressure to be the first to publish their stories, news media organizations—each adhering to its own standards of accuracy, quality, and style—usually edit and proofread their reports prior to publication. Many news organizations claim proud traditions of holding government officials and institutions accountable to the public,[citation needed] while media critics have raised questions about holding the press itself accountable.
The digitalization of news production and the diffusion capabilities of the internet are challenging the traditional journalistic professional culture.[citation needed] The concept of participatory or citizen journalism proposes that amateur reporters can actually produce their own stories either inside or outside professional media outlets, and thus end the monopoly the press holds over information production.
News-oriented journalism was described by former Washington Post editor, Phil Graham, as "a first rough draft of history", because journalists often record important historical events as they are happening, but just the same, they must produce their news articles on short deadlines
Reporters Without Borders’ proposals
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The recent case of Microsoft closing down a journalist’s blog under pressure from the Chinese authorities once again shows that some Internet sector companies do not respect freedom of expression when operating in repressive countries. Reporters Without Borders proposes six concrete ways to make these companies behave ethically. These recommendations are addressed to the US government and US legislators because all the companies named in this document are based in the United States. Nonetheless, they concern all democratic countries and have therefore been sent to European Union officials and to the Secretary General of the OECD as well.
Background
Reporters Without Borders has repeatedly condemned the ethical lapses displayed by certain Internet sector companies when operating in repressive countries. Here are some examples that have caused us particular concern:
Since 2002, Yahoo! has agreed to censor the results of the Chinese version of its search engine in accordance with a blacklist provide by the Chinese government. Reporters Without Borders also recently proved that Yahoo! helped the Chinese police identify and then convict a journalist who was criticising human rights abuses in China. The e-mail servers of Yahoo!’s Chinese division are located inside China.
Microsoft censors the Chinese version of its MSN Spaces blog tool. You cannot enter search strings such as “democracy” or “human rights in China” or “capitalism” as they are automatically rejected by the system. Microsoft also closed down a Chinese journalist’s blog following pressure from the government in Beijing. This blog was hosted on servers located in the United States.
All sources of news and information that are censored in China have been withdrawn by Google from the Chinese version of its news search engine, Google News.
Secure Computing has sold Tunisia technology that allows it to censor independent news and information websites such as the Reporters Without Borders one.
Fortinet has sold the same kind of software to Burma.
Cisco Systems has marketed equipment specifically designed to make it easier for the Chinese police to carry out surveillance of electronic communications. Cisco is also suspected of giving Chinese engineers training in how to use its products to censor the Internet.
We believe these practices violate the right to freedom of expression as defined in article 19 of the Universal Declaration of Human Rights, which was proclaimed by the United Nations when it was founded and which is supposed to apply to everyone, including business corporations. Furthermore, such ethical failings on the part of American companies damage the image of the Unites States abroad.
Our previous initiatives
Reporters Without Borders has written to the chief executives of several corporations since 2002 proposing an exchange of ideas on this issue. None of our letters have been answered. We have also tried to alert the shareholders of these companies through investment funds. We presented a joint statement on 7 November in New York in which 25 investment firms managing some 21 billion dollars in assets undertook to monitor the activities of Internet companies operating in repressive countries.
Aside from Google, all the companies we approached refused to enter into a dialogue on this subject. We would therefore now like the American people’s elected representatives and the Department of State to formally take up this issue.
The initiative
Reporters Without Borders is convinced that a law regulating the activities of Internet companies should only be drafted as a last resort, and we therefore recommend a two-step approach. Initially, a group of congressmen should formally ask Internet corporations to reach an agreement among themselves on a code of conduct that includes the recommendations we make at the end of this document. The companies would be urged to use the help of organisations specialised in freedom of expression in drafting the document. The request would include a deadline for the companies to submit their draft code of conduct to the congressmen concerned.
In the event that no satisfactory code of conduct has been drawn up when the deadline expires, or the proposed code has not been accepted by a sufficient number of representative companies, the congressmen would set about drafting a law that would aim to ensure that US companies respect freedom of expression when they are operating in repressive countries and elsewhere.
Reporters Without Borders’ proposals
We have listed our recommendations according to the type of service or equipment marketed by Internet companies:
E-mail services:
No US company would be allowed to host e-mail servers within a repressive country*. So, if the authorities of a repressive country want personal information about the user of a US company’s e-mail service, they would have to request it under a procedure supervised by US.
Search engines:
Search engines would not be allowed to incorporate automatic filters that censor “protected” words. The list of “protected” keywords such as “democracy” or “human rights” should be appended to the law or code of conduct.
Content hosts (websites, blogs, discussion forums etc)
US companies would not be allowed to locate their host servers within repressive countries. If the authorities of a repressive country desire the closure of a publication hosted by a US company, they would have to request it under a procedure supervised by the US judicial authorities. Like search engines, content hosts would not be allowed to incorporate automatic filters that censor “protected” key-words.
Internet censorship technologies
Reporters Without Borders proposes two options:
Option a: US companies would no longer be permitted to sell Internet censorship software to repressive states.
Option b: They would still be able to market this type of software but it will have to incorporate a list of “protected” keywords that are rendered technically impossible to censor.
Internet surveillance technology and equipment
US companies would have to obtain the express permission of the Department of Commerce in order to sell to a repressive country any technology or equipment which can be used to intercept electronic communications or which is specifically designed to assist the authorities in monitoring Internet users.
Training
US companies would have to obtain the express permission of the Department of Commerce before providing any programme of training in Internet surveillance and censorship techniques in a repressive country.
* A list of countries that repress freedom of expression would be drawn up on the basis of documents provided by the US State Department and would be appended to the code of conduct or law that is adopted. This list would be regularly updated.
Note: The purpose of these recommendations is to protect freedom of expression. They in no way aim to restrict the necessary cooperation between governments in their efforts to combat terrorism, paedophilia and cyber-crime.
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