Media Legal Defence Initiative

The Media Legal Defence Initiative (MLDI) (or Media Legal Defense Initiative) is a non-governmental organization established in 2008 to provide legal assistance to journalists (including bloggers) and independent media. It also supports training in media law and promotes the exchange of information, litigation tools and strategies for lawyers working on media freedom cases.

It is based in London and has a global network of media lawyers and media freedom activists with whom it works on cases and projects.

History

The idea for the Media Legal Defence Initiative originated in the aftermath of the criminal defamation trial in 2004 of Indonesian newspaperman Bambang Harymurti, editor of Tempo magazine (Indonesia). A group of people involved in assisting the defence of Harymurti recognised the need for an independent non-governmental organisation that would focus on providing legal support to journalists and media outlets around the world who needed assistance to defend their rights, as well as work to improve the capacity of lawyers in Southeast Asia and elsewhere to defend media freedom.

The Media Legal Defence Initiative was established as a not for profit company in June 2008 and registered as an independent charitable organisation in 2009. Gugulethu Moyo was Executive Director of MLDI from June 2009 until July 2011.[1]

Since it started operating it has provided assistance in cases in countries in Africa, Europe, Asia, North and South America.

Assistance has been provided in the form of grants to individual litigants for the payment of legal fees, grants to support the work of national non-governmental organizations that provide legal services to the media, and free legal advice.

The Media Legal Defence Initiative has also given grants to enable the training and networking of media lawyers in countries including Thailand, Malaysia,[2] Singapore, Indonesia, Cambodia and the Philippines.

Notable cases supported

MLDI has supported the legal defence of numerous journalists, including:

The MLDI has been invited to intervene as amicus curiae in the European Court of Human Rights in the cases of Von Hannover v. Germany (2) (application no. 40660/08), adjudicated in February, 2012, on the balance between privacy and freedom of expression,MGN Trinity Mirror v. UK, in which it argued that the high cost of defending libel cases violates the right to freedom of expression,[18][19] and Pauliukas v. Lithuania[20] in 2009. The European Court issued a strong ruling agreeing with MLDI's submissions in the MGN case. Along with others, MLDI also intervened in Max Mosley's application to the European Court of Human Rights,[21] as to whether there should be advance notice given to targets in privacy cases, and Sanoma v Netherlands a case addressing the protection of journalistic sources. In both cases, its arguments were accepted by the Court. It has interventions pending in a case challenging so-called "false news" laws, prohibiting the publication of anything the authorities deem to be incorrect;[22] and in a case concerning the abuse of criminal libel laws.[23]

The Media Legal Defence Initiative has also been at the forefront of a campaign at the Council of Europe to address the impact that counter-terrorism laws are having on media freedom.[24] The Council's campaign has resulted in a pledge by States to review these laws.[25]

With the IBA and others, MLDI also supports the development of media lawyers network in Southeast Asia.[26]

Partners

The Media Legal Defence Initiative works with a large network of partner organisations and individual lawyers around the world. Its partners include the Mass Media Defence Centre (Russia), the Center for International Law (Philippines), the Human Rights Network for Journalists (Uganda), the Center for Independent Journalism (Moldova), the Serbian Union of Journalists and LBPH Pers (Indonesia). Individual lawyers it works with include Mark Stephens CBE,[27] Geoffrey Robertson QC, John Jones, Mark Simpson QC, Heather Rogers QC and Jessica Simor in the UK, Kurt Wimmer, Rob Balin, and Stuart Karle in the US, Mulya Lubis in Indonesia, Professor Harry Roque in the Philippines, James Nangwala in Uganda and others across the world.

Organisation and funding

The Media Legal Defence Initiative is registered as a charity in the United Kingdom. Param Cumaraswamy, Professor Yuen-Ying Chan, Jon Snow, Adam Michnik, Geoffrey Robertson QC, Floyd Abrams, José Zalaquett, Paul Collier, Hina Jilani, Margaret Sekaggya and Soli Sorabjee are patrons.

MLDI also has an International Advisory Board which includes Bambang Harymurti, Eduardo Bertoni, Beatrice Mtetwa, Mark Stephens CBE (Chair), Karinna Moskalenko, Cyril Shroff and Stuart Karle. Its trustees are Gwyneth Henderson, Martin Kramer, Stephen Tough, Professor Philip Leach, Mark Ellis and Wilf Mbanga.

Since it was established, the Media Legal Defence Initiative has received funding from donors including the Open Society Institute,[28] the Sigrid Rausing Trust,[29] the John S. and James L. Knight Foundation, the William F Kerby And Robert S Potter Fund, the Adessium Foundation, Google, the Swedish International Development Cooperation Agency and the MacArthur Foundation.[30]

MLDI's Chief Executive is Peter Noorlander.

External links

Notes

  1. MLDI - a short history
  2. Report from the Malaysian Bar Human Rights Group
  3. http://www.mediadefence.org/news/african-court-delivers-landmark-ruling-criminal-libel
  4. https://www.cpj.org/blog/2013/07/jailed-burkinabe-journalist-appeals-to-african-cou.php
  5. http://www.mediadefence.org/news/mldi-announces-support-mohamed-fahmy
  6. http://www.mediadefence.org/news-story/european-court-urged-condemn-widespread-repression-free-speech-azerbaijan
  7. http://www.mediadefence.org/news-story/thai-webmaster-convicted-under-internet-censorship-laws
  8. http://www.mediadefence.org/article/sahara-reporters-fends-long-running-million-dollar-libel-claim
  9. http://www.mediadefence.org/news-story/hrnj-uganda-and-mldi-welcome-patrick-otims-release-call-compensation
  10. http://www.mediadefence.org/news-story/kenyan-journalist-prevails-two-and-half-year-legal-battle
  11. http://www.mediadefence.org/article/lotus-position
  12. http://www.mediadefence.org/project/mldi-wins-criminal-libel-case-bermudas-supreme-court
  13. http://mediadefence.org/news/palestinian-broadcaster-wattan-seeks-justice-following-illegal-army-raid
  14. http://www.mediadefence.org/article/editorial-1
  15. http://www.mediadefence.org/article/can-weighty-stone-be-cracked
  16. http://www.mediadefence.org/article/media-freedom-rough-guide-kigali
  17. http://www.mediadefence.org/news-story/jailed-rwandan-journalists-appeal-african-commission
  18. http://www.pressgazette.co.uk/story.asp?storycode=43358 Press Gazette, CFA 'unjustifiable restriction on freedom of expression'
  19. Text of the submission
  20. Text of the submission
  21. "Mosley case intervention on privacy laws to European Court of Human Rights'" - Finers Stephens Innocent
  22. http://www.mediadefence.org/project/mldi-urges-european-court-reject-false-news-laws
  23. http://www.mediadefence.org/project/bid-end-abuse-criminal-libel-laws
  24. address by MLDI's legal director to the Committee of Ministers
  25. the Guardian, Freedom of expression must be protected, says Council of Europe
  26. http://www.probono.net/medialaw/lawyers/
  27. http://www.mediadefence.org/people/board/mark-stephens-cbe
  28. Soros Network 2008 Annual Report
  29. See http://www.sigrid-rausing-trust.org/Grantees/Media-Legal-Defence-Initiative
  30. List of recent MacArthur Foundation grants