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