Tag Archives: journalism

ILPC launches new report: ‘Protecting Sources and Whistleblowers in the Digital Age’

front-page-snippet-download-the-reportThe emergence of an everyday digital culture and the increasing use of legal instruments by state actors to collect and access communications data has led to growing concern about the protection of journalistic sources and whistleblowers.

With the support of Guardian News and Media, the Information Law and Policy Centre has published a new report to consider these developments entitled ‘Protecting Sources and Whistleblowers in the Digital Age’. The report is open access and available for download.

Authored by Dr Judith Townend and Dr Richard Danbury, the report analyses how technological advances expose journalists and their sources to interference by state actors, corporate entities or individuals.

The report also looks at how journalists can reduce threats to whistleblowing; examines the rights and responsibilities of journalists, whistleblowers and lawmakers; and makes a number of positive recommendations for policymakers, journalists, NGOs and researchers.

The report’s findings are based on discussions with 25 investigative journalists, representatives from relevant NGOs and media organisations, media lawyers and specialist researchers in September 2016.

Protecting Sources and Whistleblowers in the Digital Age was officially launched on 22 February 2017 at the House of Lords.

Alongside the report, the Information Policy Law and Policy Centre has also published a range of open access resources on journalistic sources and whistleblowing which are available here.

Addressing the challenge of anonymous sources in the digital age

Dr Aljosha Karim Schapals, research assistant at the Information Law and Policy Centre, reports from the launch of a new book by Eric Barendt, Emeritus Professor of Media Law at UCL, on anonymous speech in the context of literature, law and politics.

On 28 June, Professor Eric Barendt launched his new book ‘Anonymous Speech: Literature, Law and Politics’ at the Institute of Advanced Legal Studies (IALS). His book critically examines the arguments for and against anonymity, which in the context of online communications draw attention to complex and important moral and legal questions.

It is on this basis that Barendt started outlining the pros and cons of anonymous speech, both online as well as offline: on the one hand, the use of pseudonyms has enabled great writers such as Jane Austen to publish anonymously and to have their privacy protected on the grounds of gender and socio-economic class considerations. Furthermore, anonymity allows writers to have their work considered solely on the basis of its merits rather than the additional ‘baggage’ that comes with being an established writer.

On the other hand, however, anonymity can be used to deceive audiences or inflict harm. Barendt stressed that anonymity on the Internet can encourage more socially disinhibited behaviour leading to hate speech, threats of rape and violence as well as cyberbullying.

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Upcoming Conference: Copyright, Related Rights and the News in the EU – Assessing Potential New Laws

CIPIL University of Cambridge, hosted at IViR, University of Amsterdam

  • Date: Saturday, 23 April 2016, from 10:00 t0 17:30 (CET)
  • Location: University of Amsterdam, Agnietenkapel , Oudezijds Voorburgwal 229 – 231, 1012 EZ Amsterdam, the Netherlands
  • Registration at this link

The difficulties of commercial journalism
Like music and other branches of publishing, commercial news journalism has faced radical challenges over the last two decades. There is talk of the “death of the newspaper” and questions have been raised about the very future of journalism. While with music, books and films, the greatest threat to existing business models have been seen as the unauthorised and unremunerated home copying and peer-to-peer distribution, with commercial news journalism much of the challenge derives from the fact that advertising has not followed the shift of print-newspapers to the Internet. Such difficulties are compounded, from the point of view of news publishers, by the relatively free availability of news from other online sources. And they’ve been further compounded by the recent rise of social media, particularly Facebook, as a main route to the news.

Questions that arise
Is there sufficient rationale to alter copyright or related laws in a way that benefits news publishers? Should commercial news publishers benefit from any change in the law, given that other means exist for gathering and disseminating news? How strong is an economic case for such a right? To what extent is any economic case for change supplemented by other arguments, such as reward and natural rights arguments, and arguments about media plurality? Should European law treat news publishers in a similar way to other content producers, such as phonogram producers and broadcasters, who benefit from a related right? Would individual journalists benefit from a right afforded to news publishers, and if so, to what extent? Should news publishers benefit from levies and compensation schemes designed to benefit author-journalists?

A one day conference at IViR will seek to address these questions. The conference is part of a two-year, AHRC funded project at CIPIL, Cambridge University, entitled Appraising Potential Legal Responses to Threats to the Production of  News in a Digital Environment, which the IViR will kindly host and facilitate.

The conference brings together an interdisciplinary combination of academics and practitioners to discuss the issue. Representatives from news producing, publishing and disseminating organizations, both traditional and online, have been invited and speakers will include Andrew Hughes from the NLA Media Access. Academic speakers include Lionel Bently and John Naughton from Cambridge; Bernt Hugenholtz and Mireille van Eechoud from IViR; Ian Hargreaves from Cardiff University; Raquel Xalabarder (UOC Barcelona) and Jan Hegemann (FU Berlin).

For further information contact:
Dr Richard Danbury
Centre for Intellectual Property and Information Law,
University of Cambridge
Rmd59@cam.ac.uk

David Goldberg: Dronalism in the Year of the Drone

Dr David Goldberg is a member of the Advisory Board of the Information Law and Policy Centre. He has recently authored the following: [1] ”Journalism, drones, and law” in A. Koltay (ed), Comparative Perspectives on the Fundamental Freedom of Expression (Wolters Kluwer 2015); [2] ”Droning on About Journalism: Remotely Piloted Aircraft and Newsgathering” in A. Završnik (ed), Drones and Unmanned Aerial Systems (Springer 2015); [3] “Dronalism: Journalism, Remotely Piloted Aircraft, Law and Regulation” in Florida International University Law Review, Vol 10 (2); and [4]Regulators Should let ‘Dronalism’ Take Off” in Media Asia December 2015. In 2013, he co-authored Remotely Piloted Aircraft Systems and Journalism (Reuters Institute for the Study of Journalism). In this guest post, he argues in favour of the use of drones in journalism.

Hands up who has heard of John Silva? Not many, I bet! Silva was chief engineer for Los Angeles station KTLA-TV. In 1958, he outfitted a helicopter with a TV camera and changed television news coverage forever. Fast forward 50+ years and a drone/remotely piloted aircraft (the issue of what to call the gizmos is so yesterday) is simply an analogous newer bit of kit in a (photo) journalist’s toolbox.

In my opinion, drones both can and should be allowed to be used inter alia for the purposes of newsgathering, journalism and media production: should because basically they assist newsgathering. In itself, the drone is nothing, it’s just a flying donkey. It’s what you strap on to it, e.g., a camera or data sensor, that makes a drone useful in the context of journalism/newsgathering (aka “dronalism”). As such, its deployment is protected under Article 10 ECHR (the only drone application to engage a human right?), because its use, just like a camera, for street photography facilitates newsgathering. Overly precious concerns about a subject’s identity disclosure using a device which might be difficult to spot would do well to defer to the 2015 decision of the European Court of Human Rights in Haldimann and Others v Switzerland, which found for journalists using covert filming techniques.

More generally, it has become something of a cliché to say that 2016 is the “year of the drone”. But, less reported (actually, not at all?) than yet-another-scare-story (is the industry even approached for a quote in those cases?) is the ongoing government-initiated “Public Dialogue on the use and deployment of drones in the UK”. In due course, the conclusions will be posted here (the full report is likely to be published in June). For now, one industry insider reports back from a recent cross-government working group on remotely piloted aircraft meeting:

“‘The public’s overwhelming feeling is they are excited by drone technology, they are not concerned by state, military or commercial use as ‘they know what they are doing’”.

The category of concern is the recreational/consumer user and not even the hobbyist who is likely to be a member of a group or club with a sense and culture of professionalism and rule-following.

To return, finally, to dronalism, here’s a thought: it doesn’t fit into any of the aforementioned categories! As the amicus curiae brief by News Media in the US National Transportation Safety Board Huerta v Pirker litigation states, “the publication of news is not a ‘commercial’ activity comparable to the sale of goods and services”. That activity and the activities pursuant to it are protected – that conclusion should hold whether with regard to US constitutional concerns or the European fundamental rights regime.