Our Cases and Projects

The Media Legal Defence Initiative provides support in a wide range of litigation in defence of media freedom. Often these involve the use of criminal defamation laws. Others are civil suits in which journalists face extortionate claims for damages in respect of allegedly defamatory reports.

The Media Legal Defence Initiative also supports initiatives to strengthen media legal defence capacity around the world. Here are some examples of typical cases and projects:

The murdered editor
Gambia

In 2004 the former editor of the newspaper Point, Deyda Hydara, was murdered. Five years later, in June 2009, the Gambia Press Union issued a statement complaining of the lack of any serious investigation, and criticised the dismissive manner in which the country's president had spoken about Mr Hydara. The six members of the union's committee were prosecuted for sedition for their comments about the incompetence of the authorities, and after a brief trial were sentenced to two years' imprisonment. Following a vigorous campaign by various national and international human rights organisations they were released. The MLDI funded their defence and was part of the coalition that campaigned for their release.

The dangers of internal security
Malaysia

There are few independent media organisations in Malaysia, so Malaysia Today, an outspoken online reporting outfit with a significant readership, often attracts official criticism. When its editor, Raja Petra, was charged with breaching the country's Internal Security Act and held in "administrative detention" pending trial, the MLDI went to his help. It arranged through the International Bar Association for his trial to be observed and meanwhile challenged the legality of his detention. Mr Petra was released in November 2008, whereupon the prosecution lodged an appeal, which is pending. The MLDI continues to support him.

The editor who vanished
Mexico

Three years ago the founder and editor of the newspaper Ecos de la Cuenca, Jose Antonio Garcia Apac, was abducted from his car while driving home on 20 November 2006. Nothing has been heard of him since. In the weeks before his disappearance his paper had carried reports about violence between drug cartels and evidence of collusion by the police with hit-men employed by the traffickers. Garcia's wife has since campaigned for her husband's abductors - and presumed murderers - to be brought to justice, but the police investigation has been perfunctory. She asked the MLDI for help and it is now working with local lawyers, as well as the local office of the human rights organisation, Article 19, to lodge a complaint against Mexico with the Inter-American Commission for Human Rights.

Upsetting the police
Azerbaijan

In 2007 an Azerbaijani journalist, Ilgar Nasibov, wrote to the country's president to complain about police brutality. He was accused of libelling local police officers and was sentenced to three months' imprisonment. A week later he won an appeal only to be given a suspended sentence on related charges, and appeals against this sentence have failed. Nasibov has long been a thorn in the side of his local authorities and it is widely believed his trial was unfair. The MLDI is now working with Mr Nasibov's lawyers to prepare a submission to the European Court of Human Rights.

Every little litigation helps
Thailand

During 2007 and early 2008 several journalists in Thailand expressed alarm at the rapid expansion in the country of Tesco-Lotus, a supermarket chain that is a wholly-owned subsidiary of the British firm Tesco. They said this expansion was driving small "mom and pop" stores out of business. In response, Tesco-Lotus brought a criminal defamation claim against one of the journalists, demanding US$25 million in damages, and a civil defamation claim against a second, for US$2.5 million. A third journalist who commented in respect of these cases that Tesco "did not love Thailand" was also sued, for US$2.5 million. The MLDI has pledged financial support to the three journalists and has been working with their lawyers on their defence. Tesco-Lotus lost the first case and settled the claim against the third, but it continues to pursue the second vigorously.

Caught in the act
Philippines

A Philippines broadcaster, Alex Adonis, reported that a Congressman who was having an affair with a married woman had been seen running naked from a hotel after being caught with her by her husband. Adonis was tried in his absence and without legal representation for criminal libel and given a four-and-a-half-year prison sentence. The first he knew of the sentence was when he was arrested to be taken to jail. The MLDI is working with a local lawyer to draft a complaint to the UN Human Rights Committee, challenging the sentence and highlighting the serious procedural flaws of the trial.

A Texas nexus
Nigeria

Sowore Omoyele runs a website in Nigeria called Sahara Reporters. In May 2008 he reported allegations that the Attorney-General had received a bribe of US$10 million to settle a lawsuit against the pharmaceutical firm Pfizer and that the bribe had been channelled through his brother, Paul Orhii, who was living in Texas. In response, Mr Orhii (who has since been appointed Director-General of the Nigerian Food and Drug Administration) launched a US$25 million defamation suit in Texas against Omoyele. Having been contacted on Omoyele's behalf by the Nigerian Committee to Protect Journalists, the MLDI identified a respected Texas media lawyer who was willing to take the case on a pro bono basis, and helped with the expenses.

Costly grain
Kazakhstan

In early 2008 the price of grain in Kazakhstan was rising, and journalist Almas Kuzerbaev wrote an article in a local newspaper in which he judged the reason was that producers could get a better return abroad than at home. His argument was supported by data and analysis. The article also mentioned in this connection a company, Agrocentr, which controls a major part of the grain market and which is headed by a senator, Romin Madinov. In August that year Madinov sued Kuzerbaev for libel, demanding damages of 300 million tenge (about US$2.5 million) and was awarded US$250 000. Through the local office of the UNDP, Kuzarbaev approached the MLDI, which quickly found a lawyer to represent him. The case continues.

Supporting the Freedom of Expression Institute
South Africa

The Freedom of Expression Institute, a leading South African organisation which works to challenge legal restrictions on freedom of expression, approached the Media Legal Defence Initiative for support for its Law Clinic. We provided financial support for them to litigate a number of test cases and to provide pre and post-publication legal advice to local media outlets in need of assistance.

Supporting a network of media Lawyers
South East Asia

Media Lawyers in South East Asia have formed a network aimed at promoting learning and cooperation among members of the group. The Media Legal Defence Initiative provides financial support for networking activities and expertise on comparative media law to the group.

Libel tourism
UK

Britain is notorious for the expense of defending libel claims and for that reason is increasingly attracting libel tourism - the use of British courts by overseas litigants. In 2006 Britain's Mirror Group Newspapers, following a privacy claim against it, took a case to the European Court of Human Rights challenging the high cost of defending such claims in the United Kingdom. This was the first such case to be brought before a human rights court and the MLDI organised a coalition of NGOs (including Human Rights Watch, Global Witness and the Justice Initiative) to intervene in its support. The intervention points out that the cost of defending a case, which can easily exceed £100,000, affects not only large media corporations but has serious implications for the ability of NGOs and small publications to report on matters of public interest. Among the writs which have been received by London-based NGOs are one from a perpetrator of genocide in Rwanda and the son of the Congolese president.