Roundtable “Focus on Mongolia” on the occasion of the World Press Freedom Day 2015
2015/05/03
GIC has marked the World Press Freedom Day (WPFD) 2015 holding the roundtable “Focus on Mongolia” on the occasion of the Freedom Online Coalition Conference in Ulaanbaatar. The roundtable was organised in cooperation with the UNESCO Beijing Office, Mongolian Open Society Forum, Austrian Embassy in Beijing and Confederation of Mongolian Journalists.
WPFD is as emerged as an effective way to raise awareness of the importance on freedom of expression and press freedom. The World Press Freedom Day event is coincided with two other occasions in our country. First, the Fifth Freedom Online conference was held in Ulaanbaatar on 4 and 5 May. Second, on May 5 the UN Human Rights Council reviews the Mongolian submission for the Human Rights Universal Periodic Review (UPR) in Geneva. The Mongolian Human Rights NGO Forum delivered twelve submissions, among them GIC prepared a separate report “Freedoms of opinion and expression.”
The event was organised on May 3, 2015 at the Open Society Forum Conference Hall. It was attended by more than 100 stakeholers representing media sector, international community, embassies in UB, civil society organizations, lawyers, journalits from UB and provinces outside the capital, the Parliament and public bodies, including law enforcement bodies.
The Freedom Online Conference’s guests Mr. Getachew Engida, UNESCO Deputy Director General, Ms. Dunja Mijatović, OSCE Representative on Freedom of the Media and Mr. Thomas Hajnoczi, Ambassador, Head of the Austrian Representation in Geneva gave keynote speeches at the event.
The Roundtable was held under the following themes:
She pointed that Mongolian media face more difficult and complicated challenges year by year and violations against journalists and the media have been increased compared to the previous years. Ms. Kh.Naranjargal in her speech said “We believe that next year’s World Press Freedom Day will be celebrated with delight as the Parliament and Government of Mongolia amend the relevant laws and regulations in consistent with the ICCPR Article 19.”
Mr. Getachew Engida, UNESCO Deputy Director General gave keynote speech at the event. It is his first visit to Mongolia. He pointed, this is a turning point year as States have a new global sustainable development agenda, and freedom of expression must have a core space in this agenda. This year also is a special as UNESCO celebrates the 70th anniversary. Mr. Getachew Engida in his keynote speech highlights issues of safety of journalists and impunity for crimes against journalists. He introduced about UN Action Plan for providing safety of journalists and combating impunity issues. He highlights the UNESCO’s WPFD theme “Let Journalism Thrive! Towards Better Reporting, Gender Equality and Media Safety in the Digital Age” and there interconnected topics under this theme “Independent and Quality Media”, “Gender and Media” and “Digital Safety for Journalists and their Sources.”
Ms. Dunja Mijatović, OSCE Representative on Freedom of the Media said, it is her first visit to Mongolia. In her keynote speech she introduced about her position as the Representative on Freedom of the Media. OSCE in 1997 created the position to help participating countries to implement their promises and uphold their rights to free expression and free media. She stressed, no matter what country is it, they said “Yes, we are for freedom, we are for democracy” and in the papers all the freedoms, safety of journalists and related issues are excellent, but in the practice it is quite different. She stressed “This something we need to change. We need to be honest and discuss these issues. We need do more to safeguard and protect journalists.” She highlights the importance of cooperation between government and civil society. In her speech she stressed that many democratic states have provisions in Criminal Law where speech is criminalized. She pointed out “This is something we should avoid in any society. No free press no free people.”
Mr. Thomas Hajnoczi, Ambassador, Head of the Austrian Representation in Geneva in his keynote speech highlighted the importance of a free, independent and vibrant media. He said “When fear prompts journalists to self-censorship, the free flow of information is impaired … corruption will thrive; and democracy is threatened.” He pointed out that above all, there must be political commitment to ensuring safety of journalists. He mentioned about the broad gap between the international standards and their actual implementation exists, Issues of impunity and protection of journalistic sources.
The three themes of the discussion were:
1) Online freedom and Right to Anonymity
Our concerns in this area are official registration of news and information websites by the government-controlled regulatory body, Communications Regulatory Commission (CRC), filtering is used for blocking over 100 words in Cyrillic and Latin through www.happywebs.mn and Users’ IP address disclosure which is a duty of the Internet intermediaries.
Mr.Lkhagvasuren Galbaatar, researcher & internet lawyer has taken presentation on the theme. He introduced on Mongolian domestic legislation and international standards to which Mongolia is a party, legitimate restrictions on online freedom, namely the Resolution No1, “A Unified System for Website Comments” of January 5, 2013, and regulations of the right to anonymity.
According to the United Nations E-Government development index, Mongolia ranked in 76 out of 193 countries by 2012 and in 65 by 2014. Currently, by 30 March 2015, in total of 214 websites have been restricted their access from Mongolia by CRC for the reason that, they have violated requirements and law provisions. The Government resolution and the CRC regulatory documents and its implementation restrict freedom of expression online illegally. Mr. L.Galbaatar suggests the actions required to be implemented for guaranteeing online freedom, to abolish the Government Resolution and to amend CRC “General Condition and Requirement on Digital Content” in consistent with the international standards and to transfer the CRC’s power to take control over the online freedom of expression to the court and law enforcement bodies.
According to the United Nations E-Government development index, Mongolia ranked in 76 out of 193 countries by 2012 and in 65 by 2014. Currently, by 30 March 2015, in total 214 websites has restricted their access from Mongolia by CRC for the reason that, they have violated requirements and law provisions. The Government resolution and the CRC regulatory documents and its implementation are restricting the online freedom of opinion and expression of citizens in unlawful way. Mr. L.Galbaatar suggests the actions required to be implemented for guaranteeing online freedom, to abolish the Government Resolution and to amend CRC “General Condition and Requirement on Digital Content” in consistent with the international standards and to transfer the CRC’s power to take control over the online freedom of expression to the court and law enforcement bodies.
2) Decriminalization defamation
Number of criminal defamation cases has been rapidly increased. Only in 2014, the Mongolian courts heard 9 criminal cases, two of which were launched against Twitter bloggers, compared to 12 in total for two years in 2012-2013. The 2014 draft law on the Crime repealed the criminal defamation provisions.
Ms. Dash Munkhburen, GIC lawyer has taken presentation on the current theme. She introduced on the domestic legislation that guarantees freedom of expression and ICCPR Article 19 and its General Comment No34 adopted by the UNHRC. She highlighted that the restrictions on freedom of expression can only be accepted if they are based on concept of the Constitution and international standards and when they pass the three part tests: prescribed by law, have a legitimate aim and truly necessary and proportionate. In Mongolia the reputation and honor are protected by criminal, administrative and civil measures. She concluded there is an urgent need to hold discussions in the society and share ideas on repealing criminal defamation. Moreover the Government of Mongolia and legislators should abolish the resolutions stand in contradiction to the regulations and principles outlined in Mongolia’s Constitution and ratified international standards.
3) Censorship
The editorial censorship is extremely high in Mongolia and the journalists are highly self-censored. Censorship is encouraged by the existing laws, government and private advertisements, hidden behind- the eyes media ownership and on-going process of media concentration.
Ms. Dangaasuren Narantuya, Deputy Director of News Agency introduced on media censorship issues. In her presentation she highlights the growing more issues on censorship in media sector and its types that are common in Mongolia, such as economic, editorial and legal censorships.
The income source of media outlets is a cooperation agreement between business entities, politicians or governmental organizations where the media outlets are incurring a liability to glorify them. It is a censorship caused by an economic reason and it now commonly observed at all media outlets.
Due to editorial censorship, media and journalists are disseminating biased information or not reporting about it at all. There are several cases intervening journalistic activity such us published news deleted or removed by order of a media owner or executives.
Another type of censorship is legal restrictions which include Laws and governmental agency issued regulations. Among them, the General Conditions and Requirements for Digital Content that became effective since 2012. Although CRC should run its activity independently from State it has become nowadays main mission for censoring and regulating media including TV, radio and online media. CRC issued more than 40 regulations including limitation on advertising, ownership transparency, technical issues, frequency allocation and user generated content and by establishing monitoring system in the implementation of its regulation, CRC controls and censors media market. She concluded that media ownership should be transparent.
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WPFD is as emerged as an effective way to raise awareness of the importance on freedom of expression and press freedom. The World Press Freedom Day event is coincided with two other occasions in our country. First, the Fifth Freedom Online conference was held in Ulaanbaatar on 4 and 5 May. Second, on May 5 the UN Human Rights Council reviews the Mongolian submission for the Human Rights Universal Periodic Review (UPR) in Geneva. The Mongolian Human Rights NGO Forum delivered twelve submissions, among them GIC prepared a separate report “Freedoms of opinion and expression.”
The event was organised on May 3, 2015 at the Open Society Forum Conference Hall. It was attended by more than 100 stakeholers representing media sector, international community, embassies in UB, civil society organizations, lawyers, journalits from UB and provinces outside the capital, the Parliament and public bodies, including law enforcement bodies.
The Freedom Online Conference’s guests Mr. Getachew Engida, UNESCO Deputy Director General, Ms. Dunja Mijatović, OSCE Representative on Freedom of the Media and Mr. Thomas Hajnoczi, Ambassador, Head of the Austrian Representation in Geneva gave keynote speeches at the event.
The Roundtable was held under the following themes:
- Online Freedom and Right to AnonymityKhashkhuu Naranjargal, President and CEO gave opening remarks. She expressed her thanks to the guests and participants. She highlighted that GIC has celebrated the WPFD since its establishment. She said, the more independent and powerful media is, the more powerful citizens are, therefore, GIC and its staff do their best for the promotion and protection of freedom of expression and the right to free, independent and pluralistic media for every Mongolian citizen.
- Decriminalization defamation
- Censorship
She pointed that Mongolian media face more difficult and complicated challenges year by year and violations against journalists and the media have been increased compared to the previous years. Ms. Kh.Naranjargal in her speech said “We believe that next year’s World Press Freedom Day will be celebrated with delight as the Parliament and Government of Mongolia amend the relevant laws and regulations in consistent with the ICCPR Article 19.”
Mr. Getachew Engida, UNESCO Deputy Director General gave keynote speech at the event. It is his first visit to Mongolia. He pointed, this is a turning point year as States have a new global sustainable development agenda, and freedom of expression must have a core space in this agenda. This year also is a special as UNESCO celebrates the 70th anniversary. Mr. Getachew Engida in his keynote speech highlights issues of safety of journalists and impunity for crimes against journalists. He introduced about UN Action Plan for providing safety of journalists and combating impunity issues. He highlights the UNESCO’s WPFD theme “Let Journalism Thrive! Towards Better Reporting, Gender Equality and Media Safety in the Digital Age” and there interconnected topics under this theme “Independent and Quality Media”, “Gender and Media” and “Digital Safety for Journalists and their Sources.”
 Mr. Getachew Engida, UNESCO Deputy Director General |  Ms. Dunja Mijatović, OSCE Representative on Freedom of the Media |
Mr. Thomas Hajnoczi, Ambassador, Head of the Austrian Representation in Geneva in his keynote speech highlighted the importance of a free, independent and vibrant media. He said “When fear prompts journalists to self-censorship, the free flow of information is impaired … corruption will thrive; and democracy is threatened.” He pointed out that above all, there must be political commitment to ensuring safety of journalists. He mentioned about the broad gap between the international standards and their actual implementation exists, Issues of impunity and protection of journalistic sources. The three themes of the discussion were:
1) Online freedom and Right to Anonymity
Our concerns in this area are official registration of news and information websites by the government-controlled regulatory body, Communications Regulatory Commission (CRC), filtering is used for blocking over 100 words in Cyrillic and Latin through www.happywebs.mn and Users’ IP address disclosure which is a duty of the Internet intermediaries.
Mr.Lkhagvasuren Galbaatar, researcher & internet lawyer has taken presentation on the theme. He introduced on Mongolian domestic legislation and international standards to which Mongolia is a party, legitimate restrictions on online freedom, namely the Resolution No1, “A Unified System for Website Comments” of January 5, 2013, and regulations of the right to anonymity.
According to the United Nations E-Government development index, Mongolia ranked in 76 out of 193 countries by 2012 and in 65 by 2014. Currently, by 30 March 2015, in total of 214 websites have been restricted their access from Mongolia by CRC for the reason that, they have violated requirements and law provisions. The Government resolution and the CRC regulatory documents and its implementation restrict freedom of expression online illegally. Mr. L.Galbaatar suggests the actions required to be implemented for guaranteeing online freedom, to abolish the Government Resolution and to amend CRC “General Condition and Requirement on Digital Content” in consistent with the international standards and to transfer the CRC’s power to take control over the online freedom of expression to the court and law enforcement bodies.
According to the United Nations E-Government development index, Mongolia ranked in 76 out of 193 countries by 2012 and in 65 by 2014. Currently, by 30 March 2015, in total 214 websites has restricted their access from Mongolia by CRC for the reason that, they have violated requirements and law provisions. The Government resolution and the CRC regulatory documents and its implementation are restricting the online freedom of opinion and expression of citizens in unlawful way. Mr. L.Galbaatar suggests the actions required to be implemented for guaranteeing online freedom, to abolish the Government Resolution and to amend CRC “General Condition and Requirement on Digital Content” in consistent with the international standards and to transfer the CRC’s power to take control over the online freedom of expression to the court and law enforcement bodies.
2) Decriminalization defamation
Number of criminal defamation cases has been rapidly increased. Only in 2014, the Mongolian courts heard 9 criminal cases, two of which were launched against Twitter bloggers, compared to 12 in total for two years in 2012-2013. The 2014 draft law on the Crime repealed the criminal defamation provisions.
Ms. Dash Munkhburen, GIC lawyer has taken presentation on the current theme. She introduced on the domestic legislation that guarantees freedom of expression and ICCPR Article 19 and its General Comment No34 adopted by the UNHRC. She highlighted that the restrictions on freedom of expression can only be accepted if they are based on concept of the Constitution and international standards and when they pass the three part tests: prescribed by law, have a legitimate aim and truly necessary and proportionate. In Mongolia the reputation and honor are protected by criminal, administrative and civil measures. She concluded there is an urgent need to hold discussions in the society and share ideas on repealing criminal defamation. Moreover the Government of Mongolia and legislators should abolish the resolutions stand in contradiction to the regulations and principles outlined in Mongolia’s Constitution and ratified international standards.
3) Censorship
The editorial censorship is extremely high in Mongolia and the journalists are highly self-censored. Censorship is encouraged by the existing laws, government and private advertisements, hidden behind- the eyes media ownership and on-going process of media concentration.
Ms. Dangaasuren Narantuya, Deputy Director of News Agency introduced on media censorship issues. In her presentation she highlights the growing more issues on censorship in media sector and its types that are common in Mongolia, such as economic, editorial and legal censorships.
The income source of media outlets is a cooperation agreement between business entities, politicians or governmental organizations where the media outlets are incurring a liability to glorify them. It is a censorship caused by an economic reason and it now commonly observed at all media outlets.
Due to editorial censorship, media and journalists are disseminating biased information or not reporting about it at all. There are several cases intervening journalistic activity such us published news deleted or removed by order of a media owner or executives.
Another type of censorship is legal restrictions which include Laws and governmental agency issued regulations. Among them, the General Conditions and Requirements for Digital Content that became effective since 2012. Although CRC should run its activity independently from State it has become nowadays main mission for censoring and regulating media including TV, radio and online media. CRC issued more than 40 regulations including limitation on advertising, ownership transparency, technical issues, frequency allocation and user generated content and by establishing monitoring system in the implementation of its regulation, CRC controls and censors media market. She concluded that media ownership should be transparent.