The President of Mongolia, within the framework of preparation of amendments to “Law on freedom of media and press” and draft of “Law on media and press entities”, has addressed to 139 newspappers and magazines, 24 televisions, 19 radio stations, and 5 NGOs and requested them to come up with their principal positions on the drafts of laws.
Globe International NGO and Open Society Forum have submitted their joint proposals to the drfats of laws, which includes following statement:
“... for the purpose of human dignity protection, restrictions to both freedom of expression, as well as to freedom of media and press, mean of real implementation of freedom of expression in life, are permitted by international legislations. However, freedom of media and press serves as one of the basic human rights and fundamental principles of democracy. Thus, restrictions to freedom of media and press, by law require extreme cautious approach. It is related to the tendency of easy shifting from any lawful restriction into strict state censor against free and independent media and press, at its execution stage. State censor is reflected in the form of criminal charges, sanctions, police and court pressure and numerous others. Therefore, most nations ban censor by their Constitutions.
There is a necessity of serious considerations on the said principles, particularly, how and what kind of laws should contain them or availbility of other methods of settlement.
In general, these principles on respect of human rights are coordinated through code of conduct for media and press as well as for their personnel rather than by law.
... if there is intention to include the principles in law on freedom of press and media then it is not advisable from our perspective.
Introducing law on media and press entitites is even more inapplicable. Instead of that, there is a possibility to apply law on broadcasting, that regulates activities as means of information producer. It allows application of some principles. In other words, broadcasting means use frequency, which is considered as a public property, then according to international standards it is permitted to restrict program contents at certain extent. This law is reccomended to be adopted only based on adequate research in advance.
Proposals given to amendments to “Law on freedom of media and press” and draft of “Law on media and press entities”.
2009/09/10