JOURNALISM

Journalism



Journalism

Journalism as an Human right

The Human Rights Commission will always be an ally of media freedom. Since it is co-hosting today's conference along with the NUJ Ethics Council, it is appropriate to stress the importance of observing journalistic ethics as a way of sustaining public support for media freedoms. Decency, restraint and even-handedness are not obsolete values. Those countries where journalists enjoy public confidence are countries where the state is considerably less likely to raid newspaper offices, arrest journalists and tell the media what it can and cannot say about prominent people. (Hartle, 2008, 9-11)

Unfortunately what I have just alluded to is not Tsarist Russia but a pretty fair description of this state. Some years have passed since Northern Ireland law banned the sale of certain newspapers and made it a criminal offence to belong to certain political parties, but even in 2003 we have seen armed police raiding newspaper offices and the homes of journalists, who have been arrested. We have also witnessed in England an injunction against the mere reporting of certain allegations about a prominent person. (Campbell, 2009, p248-248)

We have just been hearing, and will hear more, about some of the conflicts that have arisen in Ireland and Britain between journalists and the machinery of criminal justice. (Hartle, 2008, 9-11) My purpose now is to broaden out the discussion beyond professionalism as it presently operates, by describing some of the human rights that international human rights law seeks to provide. I will focus on the most significant human rights standard that applies in this area in the UK and Ireland, the European Convention on Human Rights. (Campbell, 2009, p248-248) I will conclude with a discussion of how individuals, and organisations such as the NUJ, can make practical use of the human rights systems.

When examples are cited of how human rights law has evolved and been applied in ways that advance press freedom, one case that is frequently mentioned is that of Goodwin v UK at the European Court of Human Rights. For that reason it is a particular pleasure to be giving this platform later today to Bill Goodwin, who showed such courage in protecting his sources. (Hartle, 2008, 9-11)

The Goodwin case, of which we will hear more this afternoon, illustrates the point that much human rights law in this area is not made in the black letter of international treaties, but is “found” by the courts as they elaborate the meaning of loosely worded protections and exceptions. (Hartle, 2008, 9-11) A further important point is that the international instruments typically state only the bottom line, the minimum guarantees that the least liberal of the states parties are prepared to concede. It is therefore necessary to advocate, and of course permissible to enact, protections at the national level that go far beyond what the treaty obliges. It is also necessary from time to time to get the courts to revisit what may be outdated conceptions of where rights begin and ...