Journalist Peter Greste explains why it is important to cover Islam ethically

By MARK PEARSON

Australian journalist Peter Greste – released last year after 400 days in an Egyptian jail – has outlined why it is so important for journalists to be fair and accurate in their coverage of Islam and Muslim communities.

I interviewed Greste for our Reporting Islam project on the eve of him receiving an Honorary Doctorate from Griffith University for his service to journalism and delivering the annual Griffith Lecture at the Queensland Conservatorium in Brisbane last December.

Greste started reporting on the Islamic world in 1995 as Kabul correspondent for the BBC.

“I think it is absolutely vital that journalists anywhere understand as much as they can about Muslims and the Islamic world largely because when we talk about that world we speak about it as if it is in the singular when in fact it isn’t,” Greste said.

“It’s an incredibly complex, multifaceted group of individuals, of sects, of smaller schools of thought.

“The greatest danger is that we conflate everything into one.

“We’ve got to be very careful to understand the subtleties and nuances of the Islamic world and make sure we avoid that same mistake.”

The interview will appear as part of a set of research-based resources colleague Associate Professor Jacqui Ewart and I are developing with our team as part of our Commonwealth-funded Reporting Islam project.

The project is national in its ambit, funded under a competitive grants scheme, facilitated by the Attorney General’s Department and managed by the Queensland Police Service who have contracted us to undertake the work as independent researchers.
Stage 1 of the project was conducted over the 2014-2015 financial year involving a review of the literature on news media coverage of Islam and Muslim people, case studies of media reportage across media types at national and community levels, interviews with experts in the field, distillation of international studies to develop a schema for assessing reportage against world best practice in the area, and a compilation of a report on these findings with recommendations for the development of a suite of resources and training programs.

We are now in Stage 2 of the project (2015-2016) which requires the development and trial of a suite of research-based training and education resources for Australian media practitioners and students to encourage more mindful reporting of Muslims and the Islamic faith.

Credits:

Camera: Ashil Ranpara, Griffith University School of Humanities, Languages and Social Science

Production: Henry Cook, Griffith Learning Futures

Related: See my piece from June 22 2015 in The Conversation : How surveillance is wrecking journalist-source confidentiality; and on journlaw.com from November 13, 2014 titled: International studies point to best practice for reporting Islam and stories involving Muslims.

© Mark Pearson 2016

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Freed journalist Peter Greste gets honorary doctorate then calls for free speech in the age of terror

By MARK PEARSON

The Australian journalist jailed for 400 days in Egypt called for greater freedom for the media during the war on terror after being awarded an honorary doctorate by Griffith University tonight (December 4).

Journalist Peter Greste receives his honorary doctorate at Griffith University

Journalist Peter Greste receives his honorary doctorate at Griffith University

Greste received an Honorary Doctorate from Griffith University for his service to journalism before delivering the annual Griffith Lecture at the Queensland Conservatorium in South Bank Brisbane.

His arrest with Al Jazeera colleagues, Mohamed Fahmy and Baher Mohamed, by Egyptian authorities on false terrorism charges, triggered international demands for their release from 2013 to 2015.

“If I’d known it was this easy to get a doctorate I would have been arrested years ago,” he joked. “It’s a great honour to receive this award. I take it as a mark of recognition, not just for what we went through but also for what it represents…for those 400 days of prison.’

“We fought hard for our own freedom, but I think it’s important that people also see the bigger picture of due process and freedom of speech.

“I’m being recognised more for the things we came to represent, than anything that I’ve done.”

He argued large parts of the media had given up on their public responsibility to keep the public informed with fair and accurate reporting. The war on terror was a battle of ideas and journalists were active participants.

The media should be properly be part of a functioning democracy in its role as the fourth estate, checking the functioning on the other arms of government.

“In the war of terror we seem to be losing sight of that key idea,” he said. “Governments the world over are using that ‘t’ word to clamp down on those freedoms.”

He gave recent examples from other countries of journalists being arrested on trumped-up terror charges just as he and his two colleagues had been in Egypt.

Australians should not feel smug because of legislation introduced in recent years targeting those disclosing special intelligence operations, the Foreign Fighters Bill and metadata retention laws.

These restricted the reporting on important events, the main story of the era about international terrorism, and seriously damaged the confidentiality of journalists’ sources.

“It makes confidential whistleblowing almost impossible without risking a prison term,” he said.

“Each has an effect on journalists being able to do the job the public demands of us.”

However, he criticised news media organisations and journalists for not being proactive enough in fighting the introduction of such laws.

“We the media have become increasingly slack in challenging and questioning governments,” he said.

He said journalists should not accept the rhetoric of governments engaged in the war on terror. Rather, questioning that misuse of language would be “one of the most patriotic things to do”.

“Panicked and hyped up language” played into the hands of Islamic State, he said.

“We the media have a responsibility to uphold our end of the bargain as well.”

He said the #FreeAJStaff hashtag calling for the release of him and his colleagues attracted billions of supporters and indicated a high level of public belief that journalism was fundamental to democracy.

During his 400-day detention in an Egyptian prison he studied international relations with Griffith University.

Greste turned 50 this week. He grew up in Brisbane and has reported on political events all over the world. As a correspondent, between 1991 and 1995, he reported from many locations including London, Bosnia and South Africa where he worked with Reuters, CNN, WTN and the BBC.

Following the September 11, 2001 attacks, he returned to Afghanistan to cover the war there. In 2011, he received a prestigious Peabody Award for his BBC documentary Somalia: Land of Anarchy. In December 2013, his employer Al Jazeera sent him from his base in Nairobi to Cairo to cover the bureau for three weeks. It was then he was arrested. 

In June 2014, after more than six months in Cairo’s infamous Tora Prison, a court found Greste and his colleagues guilty and sentenced them to seven years imprisonment.

Peter Greste with his Griffith lecturers Dr Dan Halvorson and Professor Andrew O'Neill.

Peter Greste with his Griffith lecturers Dr Dan Halvorson and Professor Andrew O’Neill. Photo: Michael Cranfield

He said presenting the Griffith Lecture on December 4 was a way of validating what he and his colleagues went through retrospectively. “It’s a way of applying meaning to what we went through. Those 400 days weren’t wasted.

“I learned a lot about myself in prison but that time has also given me the credibility to talk about those issues around press freedom. I feel a responsibility to talk about these issues, partly because so many of my friends, so many journalists, fought so hard for me, that’s why people backed us.”

While his colleagues Mohamed Fahmy and Baher Mohamed were pardoned by the Egyptian president Abdel Fattah el-Sisi in September, Mr Greste still carries a criminal conviction and an outstanding prison sentence which his legal team is fighting.

Related: See my piece from June 22 2015 in The Conversation : How surveillance is wrecking journalist-source confidentiality

© Mark Pearson 2015

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Dangerous journalism – new threats to journalism in the Middle East: @MartinChulov #jeraa2015

By MARK PEARSON

Almost every nation in the Middle East has the surveillance capability rivaling that of the Five Eyes group of countries, Guardian Middle East correspondent Martin Chulov (@MartinChulov) told the Journalism Education and Research Association of Australia 40th anniversary conference in Bathurst today (November 30).

The Guardian's Martin Chulov addressing #jeraa15

The Guardian‘s Martin Chulov addressing #jeraa2015

“The digital dragnet is very much a tool of persecution,” he said.

He explained how the Internet and social media in the region had shifted from communication forms of change and liberation to tools of suppression.

“Regimes simply ended up doing social media better than the young activists in the region,” he said.

This presented enormous risks to journalists and their sources.

He said journalists now faced risks they had not previously when they were viewed as non-combatants.

“We can no longer afford to be naïve,” he said.

“I’ve often found myself being in a situation where you don’t have the access of your organisation and are relying on your wits.

“We have to be very careful in calculating when to push forward and when to go back.”

Chulov said propaganda issued by Middle Eastern states was also a major risk to truth-telling about the region.

“There are far too many journalists in the region – even veteran correspondents – whose work is no more than dogma,” he said.

“I’ve lost count of the number of young reporters who have told me how disillusioned they have become with journalists who were once their heroes.

“Conflict reporting is not simply about muddying the waters. We should never be afraid of fact, no matter where it may lead us.”

Source protection had become a major issue. He said one of his sources was a senior figure in Islamic State.

“There has been no digital communication at all. We have to beware of street cameras and any digital communication at all.

“Every time I do go to see him I have to wonder whether it is going to be the last time for him and potentially the last time for me.

“Of course shrouding ourselves in secrecy does nothing to dispel the notion we are not spies in the first place.

“I’m on the bad boy list but I haven’t been hit so far. But I do try to ensure not everything I try to transmit is not secure.” This avoids a detectable regime.

Journalists also faced attacks on their reputations.

“If truth be told, it sometimes works,” he said.

“All of us who have covered the region for a living have regularly woken up to Twitter feeds full of bile.”

Related: See my piece from June 22 2015 in The Conversation : How surveillance is wrecking journalist-source confidentiality

© Mark Pearson 2015

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Privacy as a value for democratic societies – Beate Roessler #mediaiplaw

By MARK PEARSON

It is only in the past twenty or so years that the societal value of privacy has become of interest and still more recently that there has been a particular focus on the value of privacy for democracies, University of Amsterdam Professor of Ethics Beate Roessler proposed to the 2015 IP and Media Law Conference at the University of Melbourne Law School today (November 24).

“Privacy protection is necessary not only for individual freedom and autonomy but also for the functioning of the democratic society,” she said.

Professor Beate Roessler from the University of Amsterdam

Professor Beate Roessler from the University of Amsterdam

Beate Roessler is Professor of Ethics at the University of Amsterdam and chair of the Capacity group of Philosophy and Public Affairs. She also chairs its Department of Philosophy. In her keynote address she explored her work examining the difficulty of keeping up privacy standards on social network sites and the role of anonymity in social/political relations and the consequences of the loss of that anonymity.

Professor Roessler pointed to statements by Edward Snowden in 2013 and 2015 as an interesting focus upon the democratic value of privacy, where he had justified his revelations partly upon the contest between the state’s surveillance and the individual citizen’s privacy.

She listed three steps in the conceptualisation of privacy – firstly, the classic conception of Warren and Brandeis as the right to be let alone, the fundamental idea being that the right to freedom is protected by, and dependent upon, the right to privacy.

The second step after Warren and Brandeis was the ‘social dimensions of privacy’.
“The social norms which regulate privacy enable us to play different roles,” she said. “They enable us to play these different roles and have these different relations.
“If I started telling you now about my grandmother I would violate the demand of the role I am playing here. It is not just my autonomy, but it is also the norm itself that regulates our relations.
“Privacy is also a social practice, meaning the norms protect individual privacy and the right is part of the practice.
“Also respect for the privacy of other people is part of the practice. It is part of the deal of the social norms of privacy. The right to privacy and respect is always socially contextualised.

“The idea that we are democratic subjects is also the idea that our privacy is protected.”

She explained that the value of privacy has for the most part of the last hundred years been conceived of in purely individual terms: the protection of privacy being important or even constitutive for the protection of individual freedom and autonomy.

The third step after Warren and Brandeis was the significance of privacy for democracy.

“I want to argue that it is precisely this social and democratic value of privacy which is at stake in the digitized society,” she proposed.

She said events in Paris this month had not changed her mind about the value of privacy in democracy, but did make the issues more challenging to address publicly.
“Political participation is dependent on the protection of privacy,” she said.
The loss of privacy affects all social and political relations between people, she argued.
Although the right to privacy remains important as an individual right, the Snowden revelations have made clear that violations of privacy have immediate impact on our social lives as well as on liberal democracies.
Privacy is under pressure in the digitized society through state surveillance, consumer surveillance, via the ‘internet of things’, and through social network sites with the voluntary sharing of personal data including the self-tracking devices and the quantification of self movement.
“New technologies do have an impact on our relationships, for better or for worse.
“The right idea is to think about what does privacy do in our society, and if that changes how far can we go with that change?”
She used privacy settings as an example of the status of privacy in society: “Standard preferences are public, but privacy is an extra task or an achievement.”
“Our personal data are analysed by companies that are collecting, storing and mining as the default. It is what is happening if we do nothing.
“Forgetting, deleting is an extra task, an achievement.”
Anonymity was important to privacy, but as Snowden revealed our anonymity is not protected any longer.
“Lack of anonymity can cause loss of freedom, harmful for the individual and democratic society,” she said.
She pointed to the use of drones as the next “massive threat”.
She said arguments against anonymity such as accountability and public security did not allow for the fact that neither had increased markedly in recent years with large scale surveillance.
“The threat of a life without the protection of privacy involves the transformation of social and political relations,” she concluded.
“If we have to assume there is no privacy protection any longer in our social relations it means our social relations tend to get homogenized.
“How can I understand myself as a democratic subject if I can’t assume any longer that my privacy is not being protected?
“How do we change and how does society change, when our sense of privacy changes, when we lose the differences in self-presentation, possibilities of political participation, and when we lose the possibilities of control?”
From 2003-2010 Roessler was Socrates-Professor for the Foundations of Humanism at Leiden University. Before, she taught philosophy at the Free University, Berlin, Germany, and at the University of Bremen, Germany. Roessler studied philosophy at Tuebingen, London, Oxford, and Berlin and completed her PhD in 1988 at the Free University Berlin (on theories of meaning in analytic philosophy and hermeneutics). In November and December 2015 she is visiting as a research fellow at University of Melbourne, Melbourne Law School. Her publications include Social Dimensions of Privacy: Interdisciplinary Perspectives (edited with Dorota Mokrosinska, Cambridge: Cambridge University Press 2015) and The Value of Privacy (Polity Press, 2005).

The full conference program is here. Our paper (Pearson, Bennett and Morton) was titled ‘Mental health and the media: a case study in open justice’ (see earlier blog here) and was presented yesterday (November 23).

Those interested in privacy as a topic might also see my timeline of privacy in Australia here.

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Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2015

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Drilling down on suppression orders – with a call for reform #mediaiplaw

By MARK PEARSON

Suppression orders should be precise and address imminent publications likely to prejudice the case, not be futile and should only follow a request for removal, University of Melbourne senior lecturer Jason Bosland explained to the 2015 IP and Media Law Conference at the University of Melbourne Law School today (November 23).

Melbourne University's Jason Bosland calls for reform of suppression orders

Melbourne University’s Jason Bosland calls for reform of suppression orders

However, the courts continue to issue broad suppression orders that lack these qualities. Presenting a paper co-authored with Timothy Kyriakou, he explained that most suppression orders covered prior convictions and the vast majority were made against the “world at large” rather than at specific individuals or organisations.

“This indicates that orders are being made as a general precaution in a lot of cases rather than in response to an imminent publication,” he said.

He suggested reforms limiting magistrates’ court powers, giving all levels of the court system the same suppression order powers. Another anomaly was that the Supreme Court lacked power to issue a suppression order to ensure the safety of a person, a power held by the Magistrate’s Court.

His abstract explained:

In recent years, decisions in Victoria and New South Wales have considered the power of courts under the common law to restrain the publication of prejudicial material by the media, particularly in light of such material being published, or potentially published, on the internet.

This paper distills the principles established in those cases. It also considers whether and to what extent they continue to be relevant following the introduction of the Open Courts Act 2013 in Victoria and the Court Suppression and Non-publication Orders Act 2010 in New South Wales. It then examines the making of such orders in Victoria and assesses whether the courts have been complying with the relevant principles. Finally, some suggestions for reform are presented.

In his paper ‘The media’s standing to challenge departures from open justice’, Curtin Law School’s Michael Douglas argued the media was disadvantaged by suppression orders in ways most other parties were not.

Departures from open justice directly affect the legal rights and interests of media organisations. He argued that at common law, media organisations may intervene as of right, as a matter of natural justice, in any proceedings contemplating a departure from open justice.

“Open justice is essential to the integrity of our justice system. When a court departs from open justice, it is appropriate that media organisations are able to question whether the circumstances warrant the departure,” his paper stated. The paper addressed the issue of non-party media organisations’ standing to challenge departures from open justice.

In several jurisdictions, the issue is resolved by statute, but the position is not uniform around Australia.

The paper explained the position under the differing statutes and at common law. It focused on the common law position which remained in some jurisdictions, where the standing of media organisations was controversial.

“The orthodox view, expressed in older NSW authorities, is that media organisations have no absolute right to be heard at common law,” he stated, challenging that orthodoxy, following a contrary, Western Australian line of authority. The paper explored the link between principles of standing and the principles of natural justice drawn from High Court decisions.

The full conference program is here. Our paper (Pearson, Bennett and Morton) is titled ‘Mental health and the media: a case study in open justice’ (see earlier blog here).

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Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2015

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How startups focus on the execution of business plans, with less intent on controlling IP

By MARK PEARSON

Entrepreneurs might undertake strategies that abandon formal IP protection in favour of being quicker to market and investing in capabilities – that is, focussing on an idea’s execution – University of Toronto Professor Joshua Gans told the 2015 IP and Media Law Conference, in his keynote address at the University of Melbourne Law School today (November 23).

JoshuaGandCMCL

Professor Joshua Gans delivering the keynote to the Media and IP Law Conference at the University of Melbourne.

He unveiled an economic model developed with colleagues Scott Stern and Kenny Ching featuring two key propositions.

“Execution allows you to maintain market leadership so control buys you only delay,” he said.

“Control only is cost in that regard. It only delays you without giving you additional benefit.

“Even aside from resource constraint issues, control and execution are substitute strategies. The whole is not greater than the sum of the parts. You want to advise firms to pursue control or execution but not both.”

He explained execution-oriented firms will hit key milestones more quickly and will be less dependent on significant venture capital investment.

He argued against what he said was the common assumption of IP analysis that the strength and use of IP is exogenous.

CMCLlogoforblog19-11-15“Here I argue that is is endogenous and depends on the choices of entrepreneurs/innovators in their business strategy,” he promised in his abstract.

“I demonstrate that entrepreneurs can undertake strategies that abandon formal IP protection in favour of being quicker to market and investing in capabilities — that is, focussing on execution.”

Joshua Gans is a Professor of Strategic Management and holder of the Jeffrey S. Skoll Chair of Technical Innovation and Entrepreneurship at the Rotman School of Management, University of Toronto (with a cross appointment in the Department of Economics). Since 2013, he has also been Area Coordinator of Strategic Management. He is also Chief Economist of the University of Toronto’s Creative Destruction Lab. In 2012, Joshua was appointed as a Research Associate of the NBER in the Productivity, Innovation and Entrepreneurship Program.

He has also co-authored (with Stephen King and Robin Stonecash) the Australasian edition of Greg Mankiw’s Principles of Economics (published by Cengage), Core Economics for Managers (Cengage), Finishing the Job (MUP) and Parentonomics (New South/MIT Press). Most recently, he has written an eBook, Information Wants to be Shared (Harvard Business Review Press).

The full conference program is here. Our paper (Pearson, Bennett and Morton) is titled ‘Mental health and the media: a case study in open justice’ (see earlier blog here).

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Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2015

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How to challenge a ban on naming a mental health patient

By MARK PEARSON

UTS colleague Associate Professor Tom Morton, ABC lawyer Hugh Bennett and I will deliver a paper in Melbourne next week on our experiences applying to the Mental Health Tribunal of NSW for permission to name a forensic mental health patient in an ABC documentary and in our academic works.

CMCLlogoforblog19-11-15The occasion is the 2015 IP and Media Law Conference, hosted by the Centre for Media and Communications Law at the University of Melbourne Law School, November 23-24. The full program is here. I plan to blog a few of the highlights of the sessions I attend.

Our paper is titled ‘Mental health and the media: a case study in open justice’ and we present on the first morning of the conference. Here is its abstract:

News and current affairs reportage about forensic mental health cases raises a host of competing interests, including the public’s right to know about mental health tribunal processes; a patient’s right to privacy, treatment, and recovery; and victims’ and the broader community’s interest in learning the longer term consequences of a publicised serious criminal act. This article details a case study of the legal processes involved in applications for permissions to identify a forensic mental health patient in NSW in an Australian Broadcasting Corporation Radio National Background Briefing documentary ‘The Man Without a Name’ and in subsequent research blogs and scholarly works including this article. It begins by backgrounding the restrictions on publicising mental health tribunal cases in Australia, summarising the case study, examining the specific restrictions applying to the Mental Health Review Tribunal in NSW, detailing the processes followed in the successful application by the authors to name the patient, comparing the case with Australian and British cases, and making some recommendations for further research and reform.

Tom and I recently co-authored an article on the ethics of that same experience in Pacific Journalism Review, titled ‘Zones of silence: Forensic patients, radio documentary, and a mindful approach to journalism ethics’. Here is our abstract. Full contents of the edition and subscription details can be seen here. Reference: Morton, T. and Pearson, M. (2015). Zones of silence: Forensic patients, radio documentary, and a mindful approach to journalism ethics. Pacific Journalism Review, 21(2), 11-32.

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Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2015

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