Legal rights and responsibility of journalists

International law – the rights of journalists

The media operates within an international legal framework, based on the UN Universal
Declaration of Human Rights and its various supplementary codes and conventions, as well
as (for Africa), the Windhoek Declaration – which highlighted ownership monopolies as a
threat to press freedom – the African Charter of Human and People’s Rights and later
declarations adopted by the African Parliament. Countries that are signatories to these
documents are expected to uphold them; even countries that are not signatories are often
judged by their standards.

One key aspect of this international framework is that while interpretations may differ
slightly between documents, it upholds freedom of expression and information; something
that, as long ago as the 18th century, was recognised (in the words of French revolutionary
Mirabeau) as “the freedom without which other freedoms cannot be gained”.
The Universal Declaration of Human Rights defines this freedom through the following
clauses:

 Article 15: the right to form, hold, receive and impart opinions
 Article 16: free and equal access to information inside and outside state borders
 Article 17: freedom of speech and expression, equal access to all channels of
communication, and no censorship (though restrictions under defamation laws are allowed;
see below)
 Article 18: the duty to present news and information fairly and impartially
 Article 19: the right to freedom of expression and opinion, including “freedom to hold
opinions without interference and to seek, receive and impart information through any
media, regardless of any frontier…”

If they are met, these requirements are designed to set up a broadly free framework within
which media organisations and other civil society bodies can operate.
The circumstances in which governments can limit these rights are outlined in Article 29 of
the Universal Declaration. The Political Covenant of the Declaration details the restrictions
on these rights article by article, as follows:
 To ensure respect for the rights and reputations of others (anti-defamation)
 To protect national security, order public (the circumstances necessary to keep a state
governable), public health or morals
 To prevent incitement to discrimination, hostility or violence
 Journalists educate the public about events and issues and how they affect their lives. They
spend much of their time interviewing expert sources, searching public records and other
sources for information, and sometimes visiting the scene where a crime or other
newsworthy occurrence took place. After they've thoroughly researched the subject, they
 use what they uncovered to write an article or create a piece for radio, television or the
Internet….etc.

Rights of Journalists

1. Journalists claim free access to all information sources, and the right to freely inquire on
all events conditioning public life. Therefore, secret of public or private affairs may be
opposed only to journalists in exceptional cases and for clearly expressed motives ;

2. The journalist has the right to refuse subordination to anything contrary to the general
policy of the information organ to which he collaborates such as it has been laid down
by writing and incorporated in his contract of employment, as well as any subordination
not clearly implicated by this general policy ;

3. A journalist cannot be compelled to perform a professional act or to express an opinion

contrary to his convictions or his conscience;

1. The editorial staff has obligatorily to be informed on all important decisions which may
influence the life of the enterprise. It should at least be consulted before a definitive
decision on all matters related to the composition of the editorial staff e.g. recruitment,
dismissals, mutations and promotion of journalists is taken.

2. Taking in account his functions and responsibilities, the journalist is entitled not only to
the advantages resulting from collective agreements but also to an individual contract of
employment, ensuring the material and moral security of his work as well as a wage
system corresponding to his social condition and guaranteeing his economic
independence.

Responsibilities of JOURNALISTS
Reporting Duties
 Before journalists can write about a subject, they must first gather information. They
usually conduct several interviews with people involved in or having knowledge of
the subject. They may also go to the scene of an event, such as a crime or an accident,
to interview witnesses or law enforcement officers and to document what they see. In
addition, they often search public records or other databases to find information and
statistics to back up their stories. Researching a story is often similar to conducting an
investigation, and journalists must sometimes ask difficult questions. They may have
to invest a lot of time tracking down information and people relevant to the story.
Working With People
 Even though a news article bears a single journalist's byline, the process requires
significant collaboration. How good a journalist's story is often depends on how adept
he is at communicating and working with others. For example, journalists take
instruction from their editors regarding what angle to approach when writing a story,
how long the story should be and whom to interview. They also need strong people
and communication skills so they can persuade sources to talk to them. Journalists
frequently approach people they don't know, whether when reporting from the scene
or calling to request an interview. If they're uncomfortable around strangers, they'll
make others uncomfortable as well, making it less likely that people will want to be
interviewed.
Legal Responsibilities
 In addition to serving the public interest, journalists must also follow the law,
especially regarding the confidentiality and privacy of the people they interview or
write about. For example, while journalists often tape record their interviews to ensure
accuracy, federal and state laws generally make it illegal to record a conversation
without the permission of the other party. In this case, journalists must tell their
sources they're recording the interview before it begins. Journalists must also
understand the laws regarding libel and invasion of privacy. If a journalist is careless
when reporting criminal allegations against a person, for example, he could face a
defamation lawsuit if the accusations are proved untrue.
Ethical Responsibilities
 Some aspects of a journalist's job are not subject to any kind of law but are just as
important. Journalists must strive to present an accurate, well-balanced explanation of
the stories they cover. For example, they have an obligation to present all sides of an
issue, and to conduct extensive research and talk to several sources knowledgeable
about the subject. If they present only popular opinion, or if they conduct minimal
research without fully exploring the subject, they don't give readers and viewers the
information they need to understand the implications of the event or issue. Journalists
must also be honest with the people they interview, telling them before talking to
them what the article is about and that they plan to quote them in the piece.

Declaration of duties

The essential obligations of a journalist engaged in gathering, editing and commenting news
are :

1. To respect truth whatever be the consequence to himself, because of the right of the
public to know the truth ;
2. To defend freedom of information, comment and criticism;

3. To report only on facts of which he knows the origin ; not to suppress essential
information nor alter texts and documents;

4. Not to use unfair methods to obtain news, photographs or documents ;

5. To restrict himself to the respect of privacy;

6. To rectify any published information which is found to be inaccurate ;

7. To observe professional secrecy and not to divulge the source of information obtained in
confidence

8. To regard as grave professional offences the following : plagiarism, calumny, slander,

libel and unfounded accusations, the acceptance of bribe in any form in consideration of
either publication or suppression of news ;

9. Never to confuse the profession of a journalist with that of advertisements salesman or a

propagandist and to refuse any direct or indirect orders from advertisers.

10. To resist every pressure and to accept editorial orders only from the responsible persons
of the editorial staff.