INDEPENDENT MEDIA

Media for Transparent Governance

Editors session -5

Editors' task force meeting No 5 was held on 25 November 2004 and involved 10 participants.
Agenda:

1. Criminal Law of Mongolia in relation to journalists
2. Access to information
3. Journalism ethics

As agreed in the last meeting Ms. Sarantuya, Senior Judge of Sukhbaatar district Court was invited to the meeting.

Discussion focused on defamation cases against journalists. Ms. Sarantuya introduced the participants with concept of Criminal Law of Mongolia. The new Criminal law came into force in 01 September 2002. She said that journalists can be accused in accordance with 7-8 provisions of the Law. These are provisions related to disclose and dissemination of state secrecy, and to affect person's reputation, honor and esteem. The Criminal Law has 4 categories of offence: primary, less indictable, indictable and serious indictable. Articles 117 and 118 are considered to be less indictable and journalists could be imposed fine in addition to imprisonment.

For example, Article 118 of states: " if offence is made by a person who was charged of a similar offence, or by way of publication in press, the person responsible shall be imposed a charge of compulsory works of 1 and half years or half years or a penalty of MNT 200 000 and 800 000"

Article 117.1 says: " if due to false accusation, the victim is to be charged with severe criminal offence, the person responsible shall be charged for up to 4 years imprisonment.

These provisions were used for journalists Eredentuya, " Mongolyn Neg Odor" weekly newspaper and Handdolgor, "Ug" opposition newspaper.

The Criminal law contains 302 Articles and in judges' opinion it is very hard and strict law. The above provisions are not considered as primary crimes. It creates difficulties in freedom expression. The laws are amended by legislators and if journalists want they are able to lobby them. You should write about it.

To question of journalists if the Courts are open Sarantuya answered:

- There are 22 provincial and city courts in Mongolia and city courts reviews 40-45 % of all cases. As you see it is very high loaded. General Commission of city court issued a resolution on openness of court activities so journalists can get permission from the General Judge for attendance the Court trials. Agenda is announced openly 10 days prior the trails.

H.Naranjargal, Globe International

Access to information
Freedom of information includes groups of rights. These are rights to obtain, seek, receive and disseminate information. Freedoms of seek and receive information are guaranteed by Article 16.17 of the Constitution.
Mongolia has ratified Universal Human Rights Declaration and the International Covenant on Civil and Political Rights so Article 19 of a both documents is accepted as local legislation according to Article 10 of the Constitution. It means that our right to know is guaranteed by the Constitution but in the reality the picture is different. As of 2001 there are 91 laws, which include provisions related to freedoms of expression, information and media and 51 of them pure restrictions or obligations imposed by the Government to mass media like past tradition. Number of such laws is increasing.

Secrecy in Mongolia is protected at 4 levels:
1. Laws on State secrecy
2. Law on Privacy
3. Law Organisational Secrecy
4. Other laws containing restrictions on freedom of information

Right to access information is not only journalists' right. It is the public's right. Unfortunately, Mongolian citizens cannot obtain information. We need a law regulating freedom of information.
Indeed, there are many good laws but implementation is very bad.

Media self-regulation

As concerns media regulation it is one of the crucial problems of Mongolian media. Mongolian journalists still do not have National Code of ethics. Editorial independence is not guaranteed in media outlets, there are no any media council, media ombudsman and ethical committee or commission at journalists' organization.

Self- regulation is accepted as an efficient method of solving problems and libel cases within the journalistic community.

Media integrity indicators:

Country:

- Does the country have freedom of information law? No, we do not have

- Does the country have state secrecy law and could it be used as censorship? Yes. We have strict state secrecy laws and it could be used as censorship.

- Is strict defamatory legislation being used against journalists in dissemination information about public figures? Yes. it is normal in our country.

- Is it necessary to get permission or license required for journalists? Yes. media must be registered and owner must have professional journalism diploma.

- Is editorial independence guaranteed at state-owned media? No.

- Does the owned media publish or broadcast critical materials about authorities (opposition critics addressed to the ruling party)? No

Investigative journalism

- Is salary of investigative reporters sufficient for their life? No

- Is life of investigative reporters safety that they are able to disclose corruption of powerful leaders? No

- Are libel cases normal or rare? It is normal

- Do mass media regularly publish or broadcast investigative materials? No, real investigative materials appeared.

- Are there ay journalism schools? And teach investigative reporting? There are 22 journalism schools but not all of them teach investigative reporting.

Conclusion:

It is agreed to invite representatives of NGOs working in education, health and environment filed.

Name of participants

Name Position
1. B.Sarantuya Senior Judge of Sukhbaatar district Court
2. B.Enkhzaya Mongoliin medee newspaper
3. Sh.Batkhishig Mongol Times newspaper
4. B.Munkhtuya “Unen” newspaper
5. O.Namchin Zuuny medee newspaper
6. B.Ariuntsetseg Deedsiin hureelen newspaper
7. D.Damdinjav Odriin sonin
8. H.Naranjargal Globe International
9. S.Bayaraa Zorig foundation
10. B.Batbyamba Zorig foundation
11. D.Munkhburen Globe International