This 28-page media law working group report from the Center for International Media Assistance, National Endowment for Democracy, United States (US), describes the role of international media assistance in fostering a legal enabling environment for free and independent media. The working group consisted of participants from media institutions and government, non-governmental, and international organisations, as well as lawyers, academics, and donors. Its goal was to form recommendations for policy makers on how to improve US foreign assistance with respect to media law in countries where it inhibits free media.


According to the working group findings, a "legal enabling environment" requires not only laws on freedom of expression, but journalistic access to information without intimidation, the right to protect sources, a transparent and apolitical licensing system, and the right of citizens to own and operate media without censorship and control and with legal business status. Further, civil society, as stated here, must be educated and prepared to support and oversee its media independence through organisations working to ensure fair implementation of existing laws.



The document states that international organisations can help establish programmes promoting and providing assistance for drafting media legislation, international pressure and advocacy, and monitoring of media laws. Participants highlighted the need for political will towards institutional transformation. In Europe, according to this report, the desire to join the European Union has provided incentive to transform institutions, including those that can enable independent media. Finding this lacking in other regions, participants suggested making legal media reform a criteria for loans from and organisational membership in global institutions, such as the World Bank, the International Monetary Fund, and the World Trade Organization.


Capacity building in both the judiciary and legal field through media law assistance programmes was recognised as a need, with the suggestions of increasing international media lawyer mentoring programmes and workshops to bring together judges, lawyers, and journalism professionals for informal dialogue about the possibilities and responsibilities of their roles in the media environment. Judicial reform strategies included: judicial training with an anti-corruption component and education for judges about their role in creating precedents in media law. Discussion of education of the public on media law literacy resulted in the idea of supporting programmes via television and the internet to foster greater public understanding of the relationship between the media and reporters’ basic rights and responsibilities, e.g. an Internews series in Russia raising citizens’ awareness of legal issues facing the media. Participants suggested that formation of self-sustaining civil society organisations - to lobby and advocate for media independence - could be part of donor local capacity building goals.

To address the immediate issue of violence against journalists, a participant pointed to the need for police and prosecutors with the training, resources, and a mandate to investigate and prosecute the crimes of violence against journalists and news organisations. Participants also agreed that support for media legal defence is needed, an area where funding is lacking. Participants supported an Open Society Justice Initiative (OSJI) call for the establishment of a pooled fund to support a global network of media defence lawyers. The utility of a media law website was recognised, not only for information and analysis of media laws, but also for a database of media law non-governmental organisations (NGOs) and legal experts willing to assist in media cases (including pro bono assistance).


The document concludes with recommendations rooted in the recognition of media development as its own distinct development sector. Participants advocated for the delivery of "forceful messages about the importance of free and independent media, human rights, and the need for rule of law to officials of countries that do not meet international standards." Coordination of donor and implementing organisations, including the formation of public-private donor and implementer partnerships is seen as beneficial for ensuring that the implementation, monitoring, and evaluation stages of media law projects have continuity, without being subject to shifts in governmental political priorities.


The following criteria were cited by the participants as needing further development:

1. "Democratic governments, donors, implementers, academics, and NGOs should reach a consensus on a legal enabling environment framework and promote it within the media law assistance community...
2. Donor and implementing organizations should develop appropriate strategies that will be effective for media law reform in various regions, including Africa, Asia, Central and Eastern Europe, Eurasia, Latin America, and the Middle East...
3. Media assistance programs that target the judiciary should have anti-corruption elements integral to the projects. International assistance programs should also put greater emphasis on press-freedom protections and advocacy within the context of programs on constitution drafting, penal code reform (for example, elimination of criminal libel laws), and the professional training of judges, state prosecutors, and legislators."

Participants cited needs to develop the following resources:

• local media law specialists;
• local, regional, and international networks of judges, lawyers, and media law experts for the purpose of information exchange;
• education, not only for the legal community, but also civil society, on the need for the rule of law and freedom of information laws to sustain free and independent media;
• assistance for the provision of the "how to" of implementation and monitoring these laws, and creation and maintenance of professional self-governing support organisations;
• networks of pro bono media defence lawyers for journalists facing legal problems; and
• a globally-accessible Website that provides information and analysis of media-related laws, excerpts from and interpretation of landmark cases, important scholarly articles and monographs, relevant provisions of regional and international conventions and related case law, and a database of key media law NGOs and media law experts.