[NOW CLOSED] Call for Applications: Freedom of Expression Litigation Surgery for Women Lawyers from South and Southeast Asia

3-5 September 2024, Kathmandu, Nepal

Deadline for applications: 8 July 2024

Media Defence is calling for applications from lawyers based in Bangladesh, Brunei, Cambodia, India, Indonesia, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, Sri Lanka, Thailand, Timor-Leste, and Vietnam to participate in a forthcoming litigation surgery on the right to freedom of expression aimed at women lawyers. The litigation surgery will take place in Kathmandu, Nepal, from 3 to 5 September 2024.

Participants will become active members of a press freedom legal network through which there will be opportunity for engagement regionally and internationally. All applicants are required to submit for discussion a current or potential case relating to freedom of expression. If applicants do not have a case, they may submit a relevant law, practice or policy relating to freedom of expression that they would like to challenge in court.

Litigation surgery objectives

Media Defence provides legal support to journalists, bloggers and independent media. In recent years, Media Defence has supported a significant number of cases involving online media. These have included criminal and civil defamation, challenging social media blocking and Internet shutdowns, contesting cybercrimes legislation, ‘false news’, as well as calling for greater protections for privacy and source protection. In this context, this litigation surgery will serve as an introduction to digital rights and relevant legal knowledge tailored to women lawyers in South and Southeast Asia.

Specifically, the objectives of the litigation surgery are:

• To equip participants with skills and knowledge to litigate using national and international laws as well as international mechanisms relevant to freedom of expression;
• To build a press freedom network and help facilitate its engagement with international legal mechanisms and global civil society initiatives;
• To assist and develop working relationships amongst lawyers undertaking such cases;
• To support and develop working relationships amongst women lawyers who take on cases relating to digital rights and freedom of expression online and to whom women journalists can more easily turn.

Media Defence will meet these objectives through three days of on-site sessions consisting of presentations, discussions and knowledge sharing which build on our modules on freedom of expression and digital rights in South and Southeast Asia.

Criteria for eligibility

Participants will be selected on the following criteria:

• The surgery is open to women lawyers who work and reside in the following countries: Bangladesh, Brunei, Cambodia, India, Indonesia, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, Sri Lanka, Thailand, Timor-Leste, and Vietnam;
• Applicants can either be working in private practice or be working for or be affiliated with NGOs promoting the right to freedom of expression in Asia-Pacific through litigation. Exceptionally strong applications from lawyers who have not yet undertaken freedom of expression work, but have experience litigating other human rights cases and have a strong interest in undertaking freedom of expression cases will be considered as well.
• A maximum of 12 participants will be selected;
• Applicants must be proficient in English;
• They must have a demonstrated interest in and/or knowledge of the right to freedom of expression and/or related issues;
• The lawyers must have a demonstrated interest in and/or knowledge of international and regional human rights law;
• With their application, applicants are requested to submit a case study of a case that they are litigating or intend to litigate and that could be discussed during the litigation surgery. The cases submitted must involve a violation of the fundamental right to freedom of expression. As set out above, it will suffice for participants who do not have a case that is pending to have identified a relevant law, practice or policy relating to freedom of expression that they would like to challenge in court. However, such participants must demonstrate their ability and willingness to pursue the case after the surgery;
• The following non-exhaustive list of themes are a guide for the type of cases that could be submitted with the application:
• Defamation (criminal or civil);
• Violence against journalists, including physical attacks and online violence;
• Restriction of online or print media;
• Online privacy; and
• National security.

Media Defence is committed to advancing equality and diversity and will therefore consider age and country of origin in its selection of participants. Media Defence is committed to hosting inclusive and accessible events. If you require any support or reasonable adjustments to participate, please inform us either during the application process or after participant selection. Please see the FAQs section below for more information.

How to apply

Please complete the online application form here or submit the application form to training@mediadefence.org. The deadline is 8 July 2024.

Shortlisted applicants will be notified soon after the closing date.

For information about how Media Defence will use and protect your data, please see our privacy policy.

Frequently Asked Questions

Q: What is a litigation surgery?

A litigation surgery is a focused seminar where participants are able to present a case they are working on to peers and experts and have a discussion about the case. The surgery’s focus on preliminary problem identification, framing of violations, formulation of human rights arguments and remedies. The surgeries also provide an in-depth understanding of strategic litigation and litigating before international human rights bodies.

Q: I am not a lawyer but I am interested, can I apply?

Litigation surgeries are only open to practicing lawyers. Very rare exceptions will be made for lawyers who are not in practice or other people providing legal assistance to civil society organisations that work on the right to freedom of expression.

Q: What is the purpose of a litigation surgery?

Litigation surgeries are intended to be a space for litigators to receive technical legal expertise on the relevant thematic issues. It is also a space for litigators to network and find out what other litigators in the region are working on.

Q: Where must surgery participants be from?

This call for applications relates to Bangladesh, Brunei, Cambodia, India, Indonesia, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, Sri Lanka, Thailand, Timor-Leste, and Vietnam. Only lawyers who reside and practice in this region are eligible to apply. Legal advisors based in the global north who provide assistance to lawyers working in domestic courts are not eligible to apply; their local partners should apply. 

Q: How many participants will be at the litigation surgery?

12 participants will be selected for the litigation surgery. There will also be two members of Media Defence’s Legal Team, the Capacity Building Manager and an external facilitator.

Q: Who pays for the costs of participation?

Media Defence will cover airfare, accommodation, travel expenses and a modest per diem.

Additionally, for our 2024 events, we are piloting a new stipend to help cover caring responsibilities and make our events more accessible to all participants. Participants who have significant caring duties outside of work, such as childcare, elder care, or care for family members with disabilities, are eligible to request a stipend of £50 per day. This stipend is available for any participant and is intended as a contribution to offset related costs and remove participation barriers for those with care commitments. Successful candidates will receive further information.

Q: I would need reasonable adjustments to attend this litigation surgery, what would I need to do?

Please contact training@mediadefence.org with any questions related to accessibility. Media Defence is committed to an inclusive environment for participants and removing barriers for participation.

Q: I would like to discuss safety concerns related to my travel, how would I do that?

Please contact training@mediadefence.org, Media Defence can provide a secure channel for communication to discuss any questions or concerns.

Q: Is there any follow-up?

Media Defence plans to help facilitate a network of lawyers who are interested and active in defending freedom of expression cases. Further details will be provided during the litigation surgery.

In addition, Media Defence’s lawyers will discuss with participants how we can assist with their cases and provide follow-up. We will also discuss the possibility of providing further assistance to the freedom of expression cases participants work on after the surgery, either by way of providing ad hoc legal support or by way of partnerships. As Media Defence is a non-governmental organisation dedicated to providing legal defence to journalists, bloggers and independent media across the world through its networks, it is always interested in following up on participants’ cases and working with participants on cases in the future.