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By the initiative of Globe International NGO which set out to implement “Monitoring Free Expression Violations and Supporting the Rights of Independent Media “ OSI funded- one year project was held the law consultancy meeting on free expression violations in Mongolia on 23 November 2005.

Introduction to above mentioned project by Ms. D.Munkhburen , Project coordinator and Ms.Ch.Yeruulsuren , alert coordinator
How the lawyers understand the free expression of violation
Criminal Law of Mongolia in relation to journalists , particularly article 139 of newly enacted Criminal Law and how to use this article to defend the journalist's professional rights.
Legal analysis on some journalist related cases

Mr. D. Zumberellkham , lawyer, National Legal Center
Mr. E.Bolorchuluun , advocate, “ Suvd ” law firm
Mr. R.Mendsaikhan , lawyer, Supreme court
Mr. D.Orosoo , lawyer, National Legal Center
Mr. Baatarjav , lawyer, “ Orkhon ” university
Mr. G. Davaakhuu , lawyer, Globe international NGO
Ms.D.Munkhburen , project coordinator, had introduced the goal of the project is to develop comprehensive monitoring of free expression violations and to campaign for the rights of independent media so that Mongolia's media will have greater freedom to play a leading role in the development of democracy. In addition to the topics she had introduced the present condition of freedom of expression in Mongolia a ccording to the recently conducted survey by the Globe International among 100 journalists working in print and broadcast media.
58 % of respondents said that official censorship exists and 53% said that they have a threatened regarding their published or produced publications and programs. She also had spoken on 2 most important issues in improving freedom of expression in Mongolia : which are to strengthen a national and international advocacy on freedom of expression and legal aid and education for the journalists and she also asked a lawyers to give some interpretation on article 139 of new Criminal Law.

In my opinion the Mongolian media outlets have a no censorship in their publishing rights, especially a newspapers which named a yellow or gossip paper comparing to other countries. Yellow papers publish whatever wants not care with harm on someone's reputation. Due to these illegal actions a journalists often punished by legal organizations.
Secondly, most of Mongolian newly adapted laws haven't any interpretation. I think, the Supreme court ceased to give an interpretation to the enacted law.
For example, the new Criminal Law which enacted in 2002 haven't any interpretation until now. Some terminology of this law not suitable in Mongolian situation. It's difficult to understand, even some lawyers don't understand I because of this, there is no opportunity to use the article 139 of new Criminal Law to defend a journalist's right.

He said that, in November 2002, a public demonstration on Fair Land Privatization was stopped by 1,000 policemen and among those arrested were journalists from the opposition media, several of whom were detained for 24 hours. In that time, Mr. Bolorchuluun and me have tried to bring this case to criminal charge using the above mentioned 139 article of new Criminal Law however the General Police Department have refused to bring criminal charge against a policemen who had arrested a journalists. Police officials explained that, due to the night time, policemen was unable to recognize a journalists and they not intended to arrest only journalists. If the officials purposefully obstructed a journalists they should be sentenced by the article 139 of Criminal Law. As a policemen had arrested a journalists without any purpose, there is no reason to bring them to the criminal charge. As Mr. Baatarjav said, it's difficult to use the article 139 of Criminal Law to defend the journalist's right.
The another thing is, there is a tend a court of first instance always follow the decree of a superior court, for example, a court of first instance have issued a decree that a journalist is not guilty. The claimant who not hold a decree of court of first instance apply to the superior court. If the superior court issue that a journalist is guilty a court of first instance follow this decision although had issued before a different decree.
As Mongolia media is suffering due to the existence of seriously restrictive legislation, strong pressures exerted on journalists by government a journalist should be responsible and always rely on concrete source of information and need a legal education.

Should conduct a survey on violation of journalist's and media outlet's rights. A Mongolian journalists are lacking a knowledge on freedom and their professional rights. As Mongolian law not clearly described a limitation of a journalist's professional right and because of this a most of violation cases are appearing.
As a wrong action of media outlets can harm a someone's reputation and good name of some business companies and there must be good balance between a journalist's rights and an accountability .
Should clarify, what kind of journalist's rights have defended by law and what was left out. Should work more focusing on an abandoned rights and start to move up to table these to the law. Educate a journalists to rely on concrete source of information and to examine it closely. There is a need to organize a training among a legal officials to be reduce a misunderstanding between a journalists and lawyers.
Should initiate to offer an opinion on standard of journalist's ethic and rights to the draft law on Administrative Responsibility and a draft law of Freedom of Information.

He focused more on an analysis of some journalist related cases. If a journalist have a call from a court it not means that his rights have violated. Due to poor legal knowledge a journalists afraid to go to the court. The court will be clarify and decide a journalist is guilty or not. If a journalist have faced a serious legal problem he is able to apply to a advocate for legal assistance.

As I always tried to specialize as media lawyer and have been assisting service to a journalists and s ince 2000 I have advocated my clients in many criminal, civil and administrative case proceedings and rendered legal assistance.
On the basis of my experience, I would like to say that , there is a need to clearly define who is a journalist and must be a difference between a professionals and volunteers. Most of journalist related cases a volunteers was called to a court and sentenced. If a journalist published a materials relying on false or unexamined source of information it's very difficult to help him, in this situation I always tried to defend a journalist by such way for example, how was harmed a claimant's reputation and can a claimant prove that his good name was slandered.
As a Mr. Zumberelkham said, there should be a standard on journalist's ethics and rights . Should provide a legal assistance to a journalists and educate them. On last month, first time of my working period I was advocated a claimant against a journalist. A journalists are larking a elementary legal knowledge, for example, during the above mentioned case a journalist was witnessed each other. A witness said only that, I have heard about this from my colleague. It was regrettable.
An other most important issue is to enact a Law on journalist's right to protect their information source.

• To shape a actual concept on journalists and their rights.
• To provide a systematic legal knowledge for a journalists.
• To conduct a survey on violation of journalist's and media outlet's rights and study what kind of journalist's rights have defended by law and what was left out and to offer a opinion on these abandoned journalist's rights to the law
• To provide an information on types of violation to the journalists.
• To educate a journalist to get a legal assistance on most serious cases before a publication
• To organize a training among a legal officials to be reduce a misunderstanding between a journalists and lawyers