Ensuring Media Freedom and Freedom of Expression (MN0060)

What problem does the commitment aim to address? The values of open government partnership, such as encouraging open government, empowering citizens, and fighting corruption will be fulfilled in reality, civil rights and freedoms guaranteed by the Constitution of Mongolia will be ensured, and will make a valuable contribution to the expansion of civic space such as the media.

What are the causes of the problem? Violations, such as refusal to provide information, harassment or threats shown based on written articles and programs, attacks on work tools, banning or attempted banning of articles, programs, and media, forcing disclosure of confidential sources are occurring. The Government lists confidential information within its internal organization and it is defined in general. This creates conditions for the organizations to formulate the information as “secret” through its own censorship and to prevent the acquisition and dissemination of information. Violations that prohibit articles and programs before the publication or introduction are manifested by the influence of the owner of the media organization, authorized officials, fellow journalists, and closed agreements.

What has been done so far to solve the problem? In recent years, the Ministry of Justice and Home Affairs has drafted relevant laws to improve the Law on Freedom of Media, laws related to state secrets, and laws related to freedom of demonstration, assembly, and expression.

What solution are you proposing? In order to ensure the transparency of information, abolish and regulate the restrictions on non-disclosure of information on the grounds of state secrets, we need to study the current situation of the media industry, identify stakeholders, evaluate the place occupied by civil society and the private sector, develop a road map for future collaboration, improve the process of information ethical responsibility, encourage investigative journalism locally, protect sources, and support the rights of expression, speech, march and assembly.

What results do we want to achieve by implementing this commitment? Implementation of the above commitments will progress the guaranteed enjoyment of the rights and freedoms of speech, expression, search, receive, store, and distribution of information, demonstration and assembly. Capacity of media organizations will be strengthened.

Milestones | Expected Outputs | Expected Completion Dates

4.1.The regulations for the approval of the list of state secrets by law shall be included in the Law on State and Official Secrets, and the list of state and official secrets should be in line with the goal of information transparency. | Privacy norms and their rationale will be clarified. | 2024-2027

4.2.Finalize and submit amendments to the Law on Freedom of Media. | -The current situation of the media sector will be comprehensively studied. -Beneficial ownership transparency will be ensured. - Information education of citizens will be improved. -Legal guarantees will be established against the attack on the freedom of the media by the law enforcement agencies and against the restriction of the activities of the media organizations. | 2024-2027

4.3.Inclusion of regulations related to the journalist's guarantee of confidentiality of sources in the draft Law on the Legal Status of the Whistleblower and Law on Freedom of the Media. | -The journalist's means of obtaining information will be guaranteed. -Safety protection of journalists will be improved. | 2024-2027

4.4.Improve ethical issues in the media industry. | Ethical regulation of media workers will be improved. | 2024-2027

4.5.Implementation of recommendations from international human rights mechanisms, such as freedom of speech, expression, and assembly. | Recommendations submitted by expert international community and regional human rights mechanisms and civil society organizations will be implemented. | 2024-2027

4.6.Monitor and evaluate implementation of freedom of speech and expression among citizens in local areas. | -Monitoring and evaluating implementation of freedom of speech and expression will be conducted. -The freedom of speech and expression and its implementation will be reflected in the Local human rights report of the regions. | starts in 2024

4.7.Incorporate regulations prohibiting restrictions on citizens' freedom of speech and expression on telecommunication networks in the draft Law on Communications. | -Regulation that prohibits restrictions on communication networks that violate the rights of freedom of expression, speech, publication, and information receipt on grounds other than those specified in the law will exist. | starts in 2024

Action Plan Review

Commitment 4. Protecting Media Freedom

Ministry of Justice and Home Affairs, Mongolian National News Agency, The Asia Foundation, Media Council of Mongolia, Press Institute, Confederation of Mongolian Journalists, Open Society Forum, Mongolian Center for Investigative Reporting, Center for Journalism Innovation and Development.

For a complete description of the commitment, see Commitment 4 in https://www.opengovpartnership.org/documents/mongolia-action-plan-2023-2027-december.

Context and objectives

This commitment aims to create a favorable environment for the press to access and distribute information in Mongolia. It follows commitments in the second and fourth action plans that attempted to amend the Law on Official and State Secrets, the Law on Media Freedom, and the Laws on Whistleblowers—but did not progress. [38] This commitment carries forward the effort, intending to amend these laws and the Communications Law by 2027. In addition, it aims to improve the existing code of ethics for media workers (established by the Media Council of Mongolia) to further enhance journalistic integrity in accordance with United Nations’ recommendations [39] to consider self-regulatory mechanisms [40] in addition to legal means, and conduct human rights reporting at the subnational level. Altogether, these goals are an upgrade on previous commitments and an important step toward protecting media freedom, without being exclusively tied to the outcome of ongoing legislative amendments. This commitment was proposed by the Media Council of Mongolia, Globe International Center, and Nest Center of Journalism Innovation and Development. [41]

According to Reporters Without Borders (RSF), while principles of freedom and media pluralism are embedded in law to some extent, Mongolia has imperfect defamation laws, which encourage abusive lawsuits against journalists and lead to self-imposed censorship. [42] The imprisonment of journalist Unurtsetseg Naran in December 2023 over allegations of spreading false information and conspiring with foreign intelligence, followed by legal action to block access to the Zarig.mn news website, further underline the significant need for reform in this area. [43] In a context where journalists (and whistleblowers) lack basic legal protection, [44] RSF estimates that more than half of all defamation cases in Mongolia have targeted journalists and media outlets. [45]

Potential for results: Substantial

Through both legislative and non-legislative measures, this commitment could substantially improve protection of media freedom. Journalists in Mongolia face many obstacles when carrying out their duty to keep citizens informed and hold the government accountable. This commitment plans for a multi-pronged approach to address these obstacles centered around legal amendments spearheaded by the Ministry of Justice and Home Affairs (MOJHA).

Proposed amendments to the Law on Media Freedom are intended to protect the safety of journalists and their sources by introducing safeguards against arbitrary arrests and legal coercion to disclose the identity of anonymous informants. The Media Council of Mongolia underscores that in order for this reform to be effective, it would also need to remove Article 13.14 of the Criminal Code, which criminalizes anyone spreading information that “harms” the dignity or reputation of another individual or business. [46] They are to be accompanied by corresponding amendments to the Law on Whistleblowers. These could make substantial progress towards protecting press freedom, as investigative journalists who publish reporting perceived as critical of the government are often compelled to reveal the identity of confidential sources to avoid legal prosecution. [47] Transparency International noted the significance of this legislation to Mongolia’s fight against corruption, [48] which requires allowing the press to investigate public officials without fear of retaliation.

Another key proposed amendment to the Law on Media Freedom is the introduction of a beneficial ownership regime to increase the media sector’s transparency. This is particularly important considering that the Press Institute of Mongolia found that only 5 to 10% of the public trust news outlets [49] due to the concentration of media ownership among politicians, [50] which influences the media’s level of independence. Noting the lack of more recent data on media ownership, the Media Council of Mongolia argues that addressing this issue will require a clear distinction between vertical and horizontal concentration. [51]

As for the Communications Law, proposed amendments aim to limit the government’s ability to arbitrarily restrict communications networks, including news websites. The amendments would limit the grounds on which the government could legally restrict such networks by establishing a set of clear indicators based on the principles of freedoms of expression and speech. [52] The Globe International Center currently notes the government’s restrictions on the content of news and information websites, content aggregators, and content suppliers is far too broad in scope. [53] A civil society stakeholder underlined that this amendment is vital for a free press that can discuss and criticize social and political issues without fear of prosecution or censorship. [54]

In addition, proposed amendments to the Law on State and Official Secrets, including annulment of Articles 13.2 and 14.1, could improve journalists’ access to government information. According to Article 19 and Transparency International, the existing law allows almost any information to be classified as a state or official secret, which has sometimes led to prosecution of journalists exposing corruption. [55] In recent years, this has been a major obstacle to free media, according to a survey of Mongolian journalists. Government bodies that refused to provide information to journalists reportedly often claimed the information to be either private secrets, organizational secrets, or state secrets. [56] The amendments could narrow the government’s ability to make permissible limitations on the right to information.

A civil society representative involved in designing this commitment noted that previous efforts to reform these laws were held back by weak political support among parliamentary and political party operatives as well as uncoordinated civil society action. [57] Current involvement of key stakeholders such as Globe International, the Media Council of Mongolia, and the Press Institute of Mongolia, alongside relevant government institutions, could help build a strong case and urgency for parliamentary and political-party leaders support for the amendments. [58]

The commitment could also improve the quality of Mongolia’s media landscape through non-legislative means. Public demand for trustworthy information [59] could be fulfilled through enhanced compliance by journalists to a stronger code of ethics. [60] The current one, developed and approved in 2015 by the Ethics Committee of the Media Council of Mongolia, covers 10 broad provisions that uphold the principles of: truthful, honest, and respectful reporting, non-discrimination, appropriate distribution, anti-corruption, privacy, respect, confidentiality, no stealth advertising, and election neutrality. [61] Between 2015–2024, the council had resolved over 555 ethical complaints. [62] Finally, although the milestone related to local human rights reporting has unclear significance to the overarching goal of this commitment, those reports could potentially identify where freedoms of speech and expression are most at risk. The MOJHA did not reply to IRM requests for comment on this commitment. [63]

Opportunities, challenges, and recommendations during implementation

Given relatively minimal progress in amending the Laws on State and Official Secrets, Media Freedom, and Whistleblowers to date, it is important for government stakeholders to work closely with civil society advocates, journalists, and media organizations to mobilize resources and generate political support. During implementation, the IRM recommends the following: