WAN Resolution on Anti-Terror Laws & Surveillance of Journalists

 

 

The Board of the World Association of Newspapers, meeting at the 60th World Newspaper Congress in Cape Town, South Africa, from 3 to 6 June 2007, expresses its concern that following major terrorist attacks world-wide, tightened security and surveillance measures are being used to stifle debate and the free flow of information about political decisions, or that they are being implemented with too little concern for the overriding necessity to protect individual liberties and, notably, freedom of the press.

 

WAN believes that though balancing the sometimes conflicting interests of security and freedom might be difficult, democracies have an absolute responsibility to use a rigorous set of standards to judge whether curbs on freedom can be justified by security concerns and should set them against the rights protected in Article 19 of the Universal Declaration of Human Rights which guarantees freedom ’to seek, receive and impart information and ideas through any media and regardless of frontiers’. WAN calls on governments and their agencies:


-  To guarantee public availability of officially held data, information and archives accessible under Freedom of Information laws or related legal provisions.

-  To guarantee the right of journalists to protect their confidential sources of information, as a necessary requirement for a free press.


-  To make electronic surveillance of communications dependent on judicial authorisation, control or review, to protect the imperative independence and confidentiality of newsgathering.


-  To ensure that searches of journalist offices or homes are conducted uniquely by warrant issued only when there is proven ground for suspicion of lawbreaking.


-  To guarantee journalists the right to cover all sides of a story, including that of alleged terrorists, and to restrain from any hasty and unjustified criminalisation of speech.


-  To abstain from prosecuting journalists who published classified information. In free societies, courts have held that it is the job of governments, not journalists, to protect official secrets, subject to the common sense decisions that editors normally make against, for instance, endangering lives.


-  To abstain from resorting to “black” propaganda - in other words, peacetime use of government services to plant false or misleading articles masquerading as normal journalism as well as the false use of journalistic identities by intelligence agents.

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