[LINK] Iceland and world media

[stephen at melbpc.org.au]

Wikileaks and Iceland MPs propose 'journalism haven'  

By Chris Vallance, BBC <http://news.bbc.co.uk/2/hi/technology/8504972.stm>
 

Iceland could become a "journalism haven" if a proposal put forward by 
some Icelandic MPs, aided by whistle-blowing website Wikileaks, succeeds.

The Icelandic Modern Media Initiative (IMMI), calls on the country's 
government to adopt laws protecting journalists and their sources. 

It will be filed with the Althingi - Iceland's parliament - on 16 
February. 

If the proposal succeeds it will require the Icelandic government to 
consider introducing legislation. 

Julian Assange, Wikileaks' editor, told BBC News that the idea was 
to "try and reform Iceland's media law to be a very attractive 
jurisdiction for investigative journalists". 

He has been in Iceland for a number of weeks and is advising MPs on the 
IMMI.

The hope is that journalist-friendly laws will encourage media businesses 
to move to Iceland. 

"If it then has these additional media and publishing law protections 
then it is likely to encourage the international press and internet start-
ups to locate their services here," Mr Assange said. 

He believes the political mood in Iceland is receptive to the need for 
change. 

"The Icelandic press has itself suffered from libel tourism, so there 
does seem to be the political will to push this through." 

Wikileaks is a non-profit website that has established a reputation for 
publishing leaked material. 

In October 2009, it posted a list of names and addresses of people said 
to belong to the British National Party (BNP). 

Other high-profile documents hosted on the site include a copy of the 
Standard Operating Procedures for Camp Delta, a document that detailed 
restrictions placed on prisoners at Guantanamo Bay. 

It recently had to suspend operations because of a lack of funding. 

The IMMI aims to pull together good practice from around the world and 
incorporate it into a single body of law. 

"We've found good laws in different countries but no country that has all 
of these laws put together," said Mr Assange. 

The proposal has been informed by Wikileaks' experience in fighting legal 
threats to publication. 

"In my role as Wikileaks editor, I've been involved in fighting off many 
legal attacks," Mr Assange said in an e-mail. 

"To do that, and keep our sources safe, we have had to spread assets, 
encrypt everything, and move telecommunications and people around the 
world to activate protective laws in different national jurisdictions. 

"We've become good at it, and never lost a case, or a source, but we 
can't expect everyone to go through the extraordinary efforts that we 
do." 

Measures in the IMMI include legal protection for sources and 
whistleblowers and the protection of communications between sources and 
journalists. 

The proposals also include steps to end so-called "libel tourism", the 
practice of pursuing libel actions in the most favourable legal 
jurisdiction irrespective of where the parties are based. 

But legal threats are faced not just by journalists, but by publishers, 
internet hosts and other "intermediaries", Wikileaks said. As a result, 
the proposals include plans to clarify the protection for "mere 
conduits". 

Wikileaks has been working with a small group of Icelandic legislators on 
the issue. 

One of the proposal's supporters, Birgitta Jonsdottir of The Movement, a 
political party with 3 MPs in the Icelandic parliament, told the BBC that 
she was confident the measure would become law. 

"From what I have experienced from discussions with MPs from all the 
different parties, there is incredible good will," she said. 

But the troubles of the financial sector may lead some Icelanders to be 
sceptical of efforts to transform their country and Ms Jonsdottir is 
aware of the need not to make exaggerated claims, 

"We don't want to be the Vikings of transparency in the way the bankers 
presented themselves," she said. 

But Ms Jonsdottir believes that making a strong statement in favour of 
freedom of expression could be a way for Iceland to create a positive new 
identity. 

"There are still very many Icelanders who feel ashamed. I think it is 
part of the self-recovery we have to go through," she said. 

At a meeting with a small group of Icelandic MPs about the IMMI, to which 
the BBC had exclusive access, Mr Assange stressed how Iceland's image 
would benefit from becoming a champion of free speech. 

For example, one of the proposals calls for the creation of The Icelandic 
Prize for Freedom of Expression which "promotes Iceland and the values 
represented in this proposal". 

Whether arguments like that are persuasive enough to convince a majority 
of Iceland's legislators remains to be seen. Mr Assange says that at 
present around 14 MPs are known to support the proposal. 

There is also interest in the IMMI among some members of the Icelandic 
government. 

The Icelandic Minister for Education Culture and Sports Katrin 
Jakobsdottir told the BBC that she thought that "the general idea was 
good" and said that she thought that it "might get positive support". 

But she stressed that it was very early days and that the changes would 
involve many ministries. 

She said that elements of the proposal coincided with changes to media 
law currently being considered by her department. 

But not everyone is convinced of the need for an Icelandic "journalism 
haven". 

Andrew Scott Senior, lecturer in law at the London School of Economics 
and a critic of the need for extensive libel reform in the UK, said that 
caution was needed. 

"The provisions allowing defendants to counter-sue 'libel tourists' in 
their home courts could transform the humble Icelander into a legal 
superman, virtually untouchable abroad for comment written - and 
uploaded - at home," he said. 

"Its debatable whether such laws are ever appropriate." 

His view is not shared by Mr Assange. 

"We have received approximately 100 legal threats in the past 18 months 
so we are keen to see legislation that protects the press and quality 
reporting", he said. 

At present Wikileaks operates in a number of different jurisdictions 
to "take advantage of good laws," he said. 

"It seems the Icelandic proposal is going to pull all those laws together 
and put them in one place." 

--

Cheers,
Stephen