19 April 2006
DEFAMATION LAWS TARGET MEDIA
In Mongolia, politicians are increasingly taking advantage of punitive defamation laws to silence journalists who report on sensitive issues such as government corruption, reports Globe International.
According to a recent Globe International survey of the capital Ulaanbaatar's six district courts, 121 defamation charges have been initiated against journalists and media organisations between 2001 and 2004.
In 33 of these cases, the journalists were charged with libel as a result of complaints made by politicians. Another 13 lawsuits were initiated by public officials and organisations.
In February 2006, a court ordered the political editor of the weekly newspaper "Uls Turiin Sonin", Mrs. Uyanga, to pay 10 million tugriks (US$9,700) to the Trade and Development Bank (TDB). The newspaper was also ordered to publish a correction.
Earlier this year, Uyanga had suggested in an article headlined "President, the Millionaire" that Mongolia's president, N. Enkhbayar, possibly owned a substantial stake in the bank.
Uyanga also suggested that the president may have a financial interest in the construction of the Shangri La office tower in Ulaanbaatar.
To clear the site where the tower is to be built, a large section of a public park was destroyed, prompting public demonstrations, notes Globe International. In its ruling, the court found that President Enkhbayar did not own shares in TDB.
Mongolia's strict defamation and secrecy laws make it risky for journalists to make even simple references to anything concerning state corruption, says Globe International. Under current legislation, anyone accused of libel and defamation can be jailed for two to five years, in addition to fines and damages.
In April 2004, A. Erdenetuya, a journalist for the tabloid "Mongolyn Neg Odor" was sentenced to three months in prison and fined 900,000 tugriks (US$800) for defaming a member of parliament. On appeal, her sentence was reduced to a fine.
Under international free expression standards established by United Nations bodies and reaffirmed by regional human rights courts, criminal defamation laws are considered an unjustifiable restriction on freedom of expression and press freedom.
Experts from the UN, the Organization of American States and the Organization for Security and Cooperation in Europe have called for such laws to be abolished worldwide.
Visit these links:
- Globe International Capsule Report:
http://www.ifex.org/en/content/view/full/73370/- Globe International:
http://www.globeinter.org.mn- IFEX Alerts on Mongolia:
http://www.ifex.org/en/content/view/full/154/- Freedom House Report:
http://www.freedomhouse.org/template.cfm?page=22&year=2005&country=6794- Amnesty International:
http://web.amnesty.org/report2005/mng-summary-eng- ARTICLE 19 Standards on Defamation:
http://www.article19.org/pdfs/standards/definingdefamation.pdf- Joint Declaration by UN, OAS and OSCE Rapporteurs:
http://www.cidh.org/Relatoria/showarticle.asp?artID=87&lID=1- USAID Report on Corruption in Mongolia:
http://www.usaid.gov/mn/library/documents/MongoliaCorruptionAssessmentFinalReport.pdf