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Showing posts with label Freedom of the Press. Show all posts
Showing posts with label Freedom of the Press. Show all posts

Tuesday, January 18, 2011

Secrecy is the problem, not leakers

Secrecy is the problem, not leakers

Thu, Dec 23 2010 09:46 CET92753 Views82 Comments
Secrecy is the problem, not leakers
Ukrainian activists cover their mouths with US flags during a rally in support of WikiLeaks founder Julian Assange in front of the Swedish embassy to Ukraine in Kiev on December 22 2010.
UPDATE FROM WITSEND:

Wiki also released some really fascinating information about government complicity with Bayer, and Monsanto that hasn't received enough attention.

http://witsendnj.blogspot.com/2010/12/wikileaks-redeemed.html 

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WikiLeaks is now at the centre of a global battle between media and those in power but what's new about what Julian Assange is doing? WikiLeaks is much more than just another journalistic scandal, it is a challenge to the way that power and news media operate in the Internet Age.

In some ways WikiLeaks is a traditional investigative news operation. It gets its information from a source and the journalists decide what they will publish. It needs a platform, an audience and revenue just like any other newsroom. It can also be sued, censored or attacked. But because it is trying to operate online outside of normal national jurisdictions it is harder to hold to account. It can use mirror sites and multiple servers to avoid physical restraint.

It also disseminates data on such a vast scale and directly to the public so it is posting a different threat to those in authority used to being able to influence if not control the media. It is independent and not run for profit and the people who work for it are ideologically motivated. This all makes it much harder to clamp down.

Oxford University Internet analyst John Naughton says that what WikiLeaks is really exposing is the extent to which the western democratic system has been hollowed out. It is not that what it publishes will endanger lives or make government impossible. It is that it forces power out into the open. That is why those in power are attacking it. WikiLeaks worries them because it protects its sources and gives the evidence directly and in great detail and scale to the citizen.

It is also a challenge to mainstream media. As Columbia University digital journalism expert Emily Bell argues, it forces journalists and news organisations to demonstrate to what extent they are now part of an establishment it is their duty to report. In other words, WikiLeaks exposes the degree to which normal journalism has lost its watchdog role.

Mainstream journalism stands accused of failing to be critical enough of those in authority. Over the economic crash of 2007 and over intelligence and the Iraq war, it failed to challenge the conventional wisdom. It was not a conspiracy or a failure of resource. It was because journalism can be too responsible, balanced and passive. Sometimes journalism needs to be disruptive, critical and even partial.

No-one denies that what WikiLeaks has revealed about the Iraq war or the diplomatic cables is true. It is important because it has revealed specific abuses such as the collateral damage video of US military executing civilians. But the latest release of diplomatic communications are even more significant because they show how power works, not just what it does. It gives an insight into the values, priorities and knowledge of authority that helps us to make much better-informed judgements of what those in power actually do. Surely, that is precisely what journalism is for?

It is encouraging to see how WikiLeaks is now working with mainstream news media organisations on their latest stories. It is good that the expertise within those newsrooms can be used to help filter, explain and contextualise the raw data. It can then be presented in a way that allows for proper responses by the authorities and the public. That kind of interaction is exactly what should happen over these issues, not the knee-jerk attempt to kill the messenger.

Instead of blocking access to websites and hiding behind firewalls it would be sensible for those in power to consider a more mature and transparent relationship with their citizens.

Of course, some of these revelations may compromise safety and security. There should always be limits on free expression. Responsibility comes with rights for the journalist. However, even when it is damaging, disclosure should always be welcomed. It's why it's the First Amendment.

The danger is that we are now heading towards a future where governments from Beijing to Washington will welcome more controls on the Internet. This would then limit the power of the most liberating technology the world has seen since the invention of printing itself. It would be nave to expect those in power to embrace radical accountability. So we need to fight for transparency and embrace the opportunity that initiatives like WikiLeaks represent.

I recognise that WikiLeaks is not itself entirely transparent but I think that it is becoming more so and other better versions will follow. The real problem in the world is secrecy not leakers.

Charlie Beckett is the founding director of POLIS, the journalism think-tank at the London School of Economics and UN Global Expert. He blogs at www.charliebeckett.org and you can reach him on Twitter at @charliebeckett.

Source: Global Experts (
www.theglobalexperts.org), a project of the United Nations Alliance of Civilizations. Copyright 2010 Global Experts/UNAOC
Link:  http://sofiaecho.com/2010/12/23/1016331_secrecy-is-the-problem-not-leakers

wikileaks support rallies schedule

: Global WikiLeaks support rallies: Jan 19: Rock Island | Jan 20: Ann Arbor| Jan 22: Chicago | Jan 22: Pasadena, Toronto | Jan 24: Columbia | Jan 25: New Orleans | Jan 29: Hobart, Launceston, Melbourne | Jan 30: New York City | Feb 5: Global | Feb 7/8: London | Feb 16: Houston | May 14: Bristol |Campaigns and petitions

Link:  http://wlcentral.org/node/947

Guardian still under secret toxic waste gag order related to the Minoton Report on thetoxic dumping disaster on Ivory Coast by oil trading giant Trafigura which hopitalized 100,000 people

Guardian still under secret toxic waste gag

Wednesday October 14, 2009
WIKILEAKS EDITORIAL
Legal obstacles, which cannot be identified, involve proceedings, which cannot be mentioned, on behalf of a client who must remain secret.
Over the last 24 hours, a lot of self-congratulating hyperbole has appeared on and off line about how the popular short message service Twitter saved free speech in the UK. Twitter did not save free speech — and free speech has not been saved.
The twitter "back-patting storm" follows an agreement not to use an existing High Court gag order to block the Guardian's reporting of a single sentence made in parliament by Paul Farrelly MP. Farrelly's question related to press freedoms and in particular, a leaked WikiLeaks report, the so-called "Minton report", which exposed a toxic dumping disaster inflicted on the Ivory Coast by oil trading giant Trafigura and its contractors and hospitalized up to 100,000 people.
However, the secret gag order against the report, granted on September 11, remains in effect, and entirely prevents the reporting of the report's contents. It is not the only one. Last month, the Guardian revealed that it had been served with 10 secret gag orders—so-called "super-injunctions"— since January. In 2008, the paper was served with six. In 2007, five. Haven't heard of these? Of course not, these are secret gag orders; the UK press has given up counting regular injunctions.
To understand the crucial events in this case, we need to go back to September when commodities giant Trafigura obtained its "super injunction" preventing discussion of the leaked Minton report into the Ivory Coast disaster.
During September and the preceding months, investigative reporters from the Guardian, Norway's NRK TV, the Independent, the BBC'sNewsnight, the Dutch press, Greenpeace and lawyers for the victims were collaborating to show Trafigura's culpability.
Trafigura knew the investigation teams had a copy of the Minton report, because journalists had asked the company to respond to the report's findings. Instead of providing a countering opinion, the company went to the High Court and obtained a secret injunction preventing journalists from telling the public anything at all about the document.
Although the Minton report is a merely a short engineering and legal assessment of the Ivory Coast disaster, no-doubt one among many, instead of commissioning it directly, the company "laundered" the report through its lawyers, Waterson & Hicks. This permitted Trafigura to claim legal privilege on the document should it leak; which is precisely what the company did, when it did.
An undisclosed UK High Court judge, who we can reveal to be Justice Maddison, accepted this parlour trick, and on September 11, issued a broad gag order with secrecy provisions that prevented even the existence of the gag order from being reported.
On September 14, WikiLeaks released the full Minton report in an attempt to undermine the injunction. The UK press was then left in the Kafkaesque position where neither the Minton report, nor the injunction against it could be mentioned, despite the report appearing on the front page of WikiLeaks.
A few days later, in private correspondence with Norwegian journalists Synnøve Bakke and Kjersti Knudssøn from the Norwegian Broadcasting Corporation, another legal firm representing Trafigura shed some light on the injunction:
Your questions of today do also reveal the fact that you are in possession of a draft, preliminary expert opinion produced by Minton Treharne & Davies Ltd, and that you appear to be ready to disclose information from this report. Trafigura looks very seriously upon this, as disclosing any information from this report would be a clear breach of confidentiality and privilege. The report is clearly privileged and confidential and was obtained unlawfully by whoever is responsible for it coming into your possession. Please be aware that on Friday of last week, our clients sought and obtained an injunction in relation to this document and information contained in it against the Guardian newspaper and Persons Unknown, pending a further hearing.
A few days after the investigative stories appeared on September 17, Trafigura entered into a settlement with over 31,000 Ivorian class-action claimants—while continuing to deny any responsibility for the disaster.
Since direct reports of parliamentary proceedings are largely exempt from libel laws in the UK (most recently under the 1996 Defamation Act), it is not uncommon for MPs to mention censored facts, so that newspapers will be able to safely take the facts from their parliamentary speeches. This same approach was used by Paul Farrelly MP, to expose the Minton report gag.
Farrelly, a former Observer section editor, tabled the following question notice in the House of Commons, and in the process, exposed two secret gag orders, including the gag against the Minton report:
Paul Farrelly (Newcastle-under-Lyme): To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of legislation to protect (a) whistleblowers and (b) press freedom following the injunctions obtained in the High Court by (i) Barclays and Freshfields solicitors on 19 March 2009 on the publication of internal Barclays reports documenting alleged tax avoidance schemes and (ii)Trafigura and Carter-Ruck solicitors on 11 September 2009 on the publication of the Minton report on the alleged dumping of toxic waste in the Ivory Coast, commissioned by Trafigura.[1]
Trafigura's lawyers, Carter Ruck, no doubt recognizing an attempt to use parliament as a venue to not only subvert the September 11 gag, but as a way to attack their suppression business, told the Guardian that they would consider reporting Farrell's question a contempt of the September 11 gag order.
That this extraordinary claim was made and accepted must have shocked Carter Ruck as much as much as anyone else.
The Guardian, decided to make the gag a national issue. David Leigh, lead author on the Trafigura story, wrote a carefully worded article designed to inflame, and the Guardian gave it substantial prominance on October 12 and 13:
The Guardian is also forbidden from telling its readers why the paper is prevented – for the first time in memory – from reporting parliament. Legal obstacles, which cannot be identified, involve proceedings, which cannot be mentioned, on behalf of a client who must remain secret.
These and other subtle clues, which included a specific mention of the law firm "Carter Ruck", were enough for a number of professional blogs, such a the parliamentary watch blog Order-Order, and WikiLeaks, to soon find the question notice on the House of Commons' website transcript (Hansard).
Twitter then promoted the visibility of the Guardian article, the WikiLeaks copy of the gagged Minton report and the articles about the Commons' question. However there are only a few players who affected this case's inevitable legal conclusion.
  1. The investigative team of the traditional media, Greenpeace, the victims and their respective legal teams.
  2. WikiLeaks, who released, and kept up, the report at the center of the injunction as well as the gag order.
The lesson for Carter Ruck and other lawyers: be careful what you wish for.
Had Twitter not existed, we would have seen the same legal outcome, for such an affront to the UK political classes could never have survived the attentions of a national newspaper like the Guardian. However, the September 11 gag, which threatens only the interests of the press and the people, continues, as do a vast number of other injunctions, acquired by those with unequal access to justice and something to hide.
Under pressure from legal costs, UK papers have silently removed some of the original September 17 dumping investigations. For example, theIndependent's "Toxic Shame: Thousands injured in African city" no-longer "exists" except at WikiLeaks.
Now is not the time to be distracted from this reality, or to see the unravelling of a grotesque attack on parliamentary reporting as step forward; it is a return to last week. We are back at the UK censorship status quo, which may be described, without irony, as privatized feudalism.
So take your hands from each other's backs, sharpen your (s)words—and get to work. The battle isn't over, however it just may, be beginning.
(Julian Assange)

Source documents

See also