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	Australian law fails victims of historic child sex abuse by Australian Lawyers Alliance, agencies   Five years on from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse, survivors seeking compensation in civil claims are being thwarted by extraordinary legal tactics that they say make their quest for proper compensation harder than ever.   The Royal Commission was meant to make it easier for victims to seek justice, but a fierce battleground is emerging which is flying in the face of law reforms recommended by the historic inquiry and enacted by parliaments. (More than 60,000 victims of child sexual abuse were identified by the inquiry).   Lawyers representing victims face institutions pushing to have cases thrown out of court altogether. In one case, a survivor faces losing his house due to legal costs as he's denied the right to sue the organisation even though his convicted perpetrator is alive, in jail, and willing to give evidence.   Another institution is threatening to prevent an Aboriginal woman from seeking compensation through the courts because the perpetrator, who had been charged in relation to abuse of dozens of First Nations children, died shortly before his criminal trial.   In a third, an institution turned on a family member of a victim of a convicted paedophile, seeking costs from them because it argued they should have known that the priest was a predator.   The Australian Lawyers Alliance (ALA) is preparing to meet with the New South Wales attorney general to lobby for reform against the “disgraceful” tactics employed by churches and other institutions to prevent abuse survivors from pursuing justice.   A Guardian investigation – based on interviews with 13 lawyers, analysis of court records, and discussions with survivors and their advocates – found earlier this year that churches and other institutions are now routinely seeking permanent stays in cases where perpetrators have died, arguing they cannot possibly receive a fair trial.   Where successful, the tactic permanently halts a survivor’s claim without any compensation. The mere threat of a stay is also being used to lowball survivors during settlement negotiations.   The tactic effectively relies on the passing of time to deny a survivor access to justice, despite the fact that – in many instances – institutions have themselves been the architects of so much delay, including by concealing abuse from law enforcement, deliberately not keeping documentary evidence and shuffling known paedophiles around the country when detected.   Dr Andrew Morrison, a barrister and ALA spokesperson, described the conduct of institutions in routinely pushing for stays as “disgraceful” and “extraordinary”.   “It is a matter of deep concern to the Australian Lawyers Alliance that abusive institutions are getting away with it, in circumstances where the trial might be less than perfect, but would still be reasonably fair,” he said.   “We’ve already made submissions to the former NSW attorney general and current NSW attorney general and we have a further meeting coming up, on which I’ll be speaking to him about this subject as to a solution.”   Morrison said he plans to present the NSW attorney general with suggested legislation that would limit the circumstances in which a stay can be sought in historical abuse cases.   The changes would prevent, for example, an institution relying on an absence of records to support its claim that it could not possibly receive a fair trial.   “In general these institutions have taken great care not to take records or to make sure that records go missing. In particular, some of them have kept no proper records of complaints made in respect of particular abusers,” he said. “So it’s a disgraceful situation that they should be able to take advantage of that to avoid proper compensation.”   The NSW government says it is was awaiting the outcome of a key high court case being heard next week involving GLJ, an abuse survivor who had her claim stayed on the basis that the alleged perpetrator, Lismore priest Father Clarence Anderson, had died.   In that case, court documents show the church had known of other complaints against Anderson before GLJ’s abuse but failed to remove him from circulation, instead shuffling him through various NSW parishes.   The high court’s decision in her case could reshape the way in which institutions are able to seek stays. But many lawyers believe that legislative reform will be needed regardless of what the high court finds.   “It’s quite extraordinary the circumstances in which stays are being granted, even in respect of institutions where they knew about abusive people and failed to take any useful action to stop them continuing their abuse,” Morrison said, not referring to any specific case. “That’s an absolute disgrace that they should be able to get a stay of claims against them.”   http://www.theguardian.com/world/2023/jun/01/nsw-lawyers-call-for-reform-of-disgraceful-tactic-churches-use-to-block-abuse-claims http://www.theguardian.com/law/2023/mar/22/it-crucifies-you-every-time-the-twisted-tactic-the-church-uses-to-block-claims-by-abuse-survivors http://www.abc.net.au/news/2023-05-29/hiding-behind-tombstones:-the-new-legal-tactics/102407572
	In just over a decade, more than a thousand journalists have been killed by OHCHR, UNESCO, RSF, agencies   In just over a decade, more than a thousand journalists have been killed, by Michelle Bachelet - UN High Commissioner for Human Rights   Freedom of the media is essential to enable democratic, free and participative societies. Journalism enriches our understanding of every kind of political, economic and social issue; delivers crucial – and, in the context of this pandemic, life-saving – information; and helps keep governance, at every level, transparent and accountable.   The safety of journalists, and their ability to pursue investigations and disseminate information without censorship or threats, is a key element for the realization of the Agenda for Sustainable Development. Indeed, the SDGs explicitly require fulfillment of the right to freedom of information and other fundamental human rights.   But journalists around the world face censorship, surveillance, repression, intimidation and physical attacks. Often these appear to be perpetrated by organised crime, armed groups or other private actors, including businesses – but they may also be instigated or condoned by government officials.   Women journalists are often at greater risk of being targeted, including through threats of sexual violence and online hate campaigns. And these crimes against journalists, including cases of murder, are frequently addressed by inadequate investigations and prosecutions.   As the UN Secretary-General, Antonio Guterres, told members of the Association of United Nations Correspondents, last year, "In just over a decade, more than a thousand journalists have been killed while carrying out their indispensable work. And nine out of ten cases are unresolved, with no one held accountable... (while) many thousands more have been attacked, harassed, detained or imprisoned on spurious charges, without due process."   In many situations of armed conflict, the intentional targeting of journalists, by both States and armed groups, is growing increasingly alarming. As when journalists are targeted in the context of protests and criticism, these attacks are intended to silence all of civil society, and this is of deep concern.   Additionally, legislation, including on counter-terrorism, national security, lèse-majesté and sedition, as well as vague prohibitions on the dissemination of “falsehoods” and “fake news”, are being used in many parts of the world to deter and crack down on independent reporting.   And in recent months, these trends of censorship; repression; threats and attacks; and impunity have been intensifying in the context of the global pandemic. In several countries, increasing politicisation of the pandemic, and efforts to blame its effects on political opponents, have led to threats, arrests and smear campaigns against journalists who maintain fact-based information about the spread of COVID-19 and the adequacy of measures to prevent it.   Some Governments appear to have seized on this public health crisis as an excuse for much wider – and unjustifiable – crackdowns on criticism and dissent. These measures include shutting down media offices, closing websites, Internet shutdowns and other forms of censorship, and the arbitrary arrest and detention of journalists in dangerous and crowded detention centres.   These practices disproportionately restrict the enjoyment of freedom of the media and contravene international law.   We need to be very clear that these actions harm public health; harm development; harm human rights and democracy – and benefit only the narrow and short-term interests of a few individuals who want to be shielded from review.   People cannot effectively diminish their risk of becoming infected when they are denied accurate information, or when the government's actions or disinformation undermines trust in official statements.   Access to accurate and reliable information is a human right, and it forms the foundation for many other fundamental rights. It is crucial to people's capacity to participate in decisions that affect their lives, and to maintaining the responsiveness, accountability and transparency of government.   No journalist or media worker should be criminalized or harassed because of their reporting. Every arrest, and every attack against journalists, sends a message across society: the search for truth, and the rights to be informed, to express oneself and to participate are not protected by the authorities. It is our shared responsibility to reverse these worrying trends.   Sep. 2020   UNESCO raises alarm over surge of attacks on media workers covering protests, reports UN News   Clampdowns on the media have increased sharply in 2020, the UN cultural agency said on Monday, highlighting 21 protests around the world this year in which State security forces have violated journalists’ rights.   In its new report, Safety of Journalists Covering Protests – Preserving Freedom of the Press During Times of Civil Unrest, the UN Educational, Scientific and Cultural agency (UNESCO) said that between January and June this year, journalists have been increasingly attacked, arrested and even killed.   UNESCO Director-General Audrey Azoulay underscored that the freedom to inform citizens on the causes of unrest and the response from State authorities, are of vital importance for democracies to thrive.   “Journalists have a critical role in reporting and informing audiences on protest movements”, she said.   UNESCO’s findings reveal a “wider upward trend” in the use of unlawful force by police and security forces over the last five years, with more than 30 protests impeded by police and security forces last year alone – double the 2015 number.   The report finds that during this period, global protests have been rooted in concerns over economic injustice, government corruption, declining political freedoms and growing authoritarianism.   It details a wide range of abuses journalists face when covering protests, from harassment, intimidation and beatings, to being shot at with lethal or non-lethal ammunition, detention and abduction.   Citing the Committee for the Protection of Journalists, UNESCO said that in some protests, up to 500 separate violations occurred. And during demonstrations linked to the Black Lives Matter movement for greater racial justice, these included the use of rubber bullets and pepper balls, which led to the blinding of several journalists.   Ms. Azoulay pointed out that “for many years, UNESCO has been raising global awareness” to ensure that journalists can do their jobs, “without fear of persecution” and has continued to train “security forces and the judiciary on international norms in freedom of expression”.   However, the UNESCO chief warned the figures in the report “show that much greater efforts are needed”.   The report also contains concrete recommendations for all actors – from media outlets and national authorities to international organizations – to ensure better protections for journalists.   Strengthening training for police and law enforcement on freedom of expression and appropriate behaviour in dealing with the media, is just one of the proposals outlined in the Safety of Journalists. Others include providing appropriate training and equipment to journalists, including freelancers, sent to cover demonstrations as well as appointing national ombudsmen to hold police accountable for the use of force against journalists during demonstrations.   “We call on the international community and all relevant authorities to ensure that these fundamental rights are upheld”, the UNESCO chief stated.   Key trends identified by UNESCO since 2015:   A surge in harassment, arrests and physical violence against journalists, mostly at the hands of State-led security forces. Attacks documented across 65 countries. At least ten journalists have been killed while covering protests, according to UNESCO’s observatory of killed journalists. Many tactics used against media workers have violated international laws and norms, agreed by multilateral institutions.   http://en.unesco.org/news/unesco-sounds-alarm-global-surge-attacks-against-journalists-covering-protests   May 2020   When journalists are targeted, societies as a whole, pay the price   The UN's Special Rapporteur on freedom of expression, David Kaye, has urged States to free all media workers detained because of their work and stop the intimidation and repression of the independent press. He released the following statement today to mark World Press Freedom Day on Sunday, 3 May.   "A free press gives people access to information of all kinds, especially critical during a public health crisis. In recent months, independent journalism has been an essential lever for public information, uncovering stories of government deception while helping people worldwide understand the nature and scope of the public health crisis we are all confronting.   Detaining journalists runs directly counter to the State's obligation to ensure an enabling environment for the media. At a time when disease outbreaks spread through detention facilities, detention's cruelty is exposed, imposing an additionally excessive punishment that carries with it the risk of illness and death.   Hundreds of journalists have been detained because of their work. The Committee to Protect Journalists estimates 250 journalists are in prison. Reporters Without Borders has called to the UN's attention a 'wave of press freedom violations.'   The criminalisation of journalism must end. That can start with releasing journalists from detention as a matter of urgency.   Since the COVID-19 outbreak emerged early this year, I have received alarming accounts of official retaliation against journalists under the guise of spreading disinformation. In my recently published report to the UN Human Rights Council I emphasised the way in which Governments attack the messenger and limit reporting rather than act responsively on the information disclosed.   I note that the theme of this year's World Press Freedom Day is 'journalism without fear or favour'. I urge all States to ensure that media workers can do their jobs without fear, keeping in mind that journalism expands the public's right to know and the public's right to accountable government." http://bit.ly/3dnu9nb   May 2020   COVID-19 accelerating a global decline in media freedom. (International Press Institute)   In a short space of time, the COVID-19 pandemic has reshaped much of the world and posed unprecedented new challenges to journalists and media outlets alike.   In many autocratic countries with already poor records on press freedom, governments have abused emergency measures to crack down further on independent media and tighten control over information.   In democratic states usually more insulated from attacks on the press, the health crisis has created new problems and seriously challenged the ability of journalists to access information and hold power to account.   At the same time, concerns over online misinformation have presented governments both autocratic and democratic new opportunities to ramp up censorship and strengthen surveillance capabilities, further shrinking digital freedoms.   Simultaneously, despite a huge increase in readers and subscribers seeking trustworthy news, many newspapers are also facing a prolonged period of severe economic pressure due to a lack of advertising revenue, while many smaller newspapers face closure.   Globally, the pandemic has accelerated an already worrying decline in media freedom observed over the past year.   Over the last two and a half months, IPI's COVID-19 tracker has documented a total of 162 different press freedom violations related to the coronavirus.   Troublingly, almost a third of all violations monitored have involved the arrest, detention or charging of journalists reporting on the pandemic, according to IPI's data.   More than 50 individual instances have also been recorded of reporters around the world being threatened, verbally attacked or physically assaulted due to their coronavirus coverage.   Meanwhile, 27 different cases of censorship have been documented, with a further 25 examples of disproportionate restrictions on access to information.   Taken together, said IPI Executive Director Barbara Trionfi, the data illustrates governments urge to take advantage of a public health crisis to control the media message, in full disregard of people's thirst for independent information.   'In covering the COVID-19 pandemic, journalists across the globe have found themselves confronted not only with the risk of contagion, but also with the threat of arrest, beatings or physical assault by security forces or criminal charges due to reporting on the virus. This has created an even more hostile environment for independent media.   It is crucial that extraordinary restrictions on media imposed during the crisis do not become normalized and outlive the immediate health crisis, especially when it comes to lack of transparency by governments, lack of access by media to decision-makers and any form of surveillance hindering the press'.   She added: 'Meanwhile, pressure on media is only likely to get worse with the impending economic crisis, which is hitting small, independent media hardest. In many countries, where these outlets are the only source of impartial news, additional economic strains will only deepen government's control over the press and lead to less checks and balances on their future attacks on the media'.   One of the most apparent trends observed, Trionfi said, was how many governments had abused the pandemic to strengthen their grip over the media through excessive regulations.   A clear example here has been a proliferation in the number of states adopting or unleashing laws against disinformation or 'fake news' that can be easily abused to stifle criticism. So far, IPI had documented 16 cases of such laws either being passed with disproportionate penalties or used to take down content about the virus online.   While some of these laws are sincere but ill-conceived, others appear to deliberately strengthen authoritarian regimes' arsenal against the press..   http://ipi.media/wpfd-2020-covid-19-accelerating-a-global-decline-in-media-freedom/ http://ipi.media/covid19-media-freedom-monitoring/ http://www.dw.com/en/deutsche-welle-freedom-of-speech-award-17-laureates-from-14-countries/a-53306033 http://bit.ly/2z6VsTV http://bit.ly/2YC7AXw   Feb. 2020   Silencing the Media: Attacks grow more Open, by Barbara Crossette   Journalists are being targeted virtually everywhere, not only by government officials or their radical supporters, who may be armed and violent, but also by better-equipped old enemies like organized crime and corrupt politicians.   New 'legal' excuses have been found by authorities to surveil, detain, harass, threaten or physically assault reporters, editors and publishers in media organizations, as well as independent commentators and op-ed writers.   Charges of 'terrorism' are leveled widely for political reasons when opposition protests happen and are covered by reporters - now a highly dangerous media assignment. Reporters and their photographers can document, download and almost instantly circulate evidence of abuses. Social media isn't all terrible.   The New York-based Committee to Protect Journalists has just reported that most notably in 2019, 'anti-terror legislation was used against journalists in in Turkey, India, Russia, Nigeria, and Nicaragua'. Such legislation has also been used in the United States when violence occurs and local police or investigative agencies seek access to social media or private computer files.   Attacks on the media are increasing amid proliferating authoritarian regimes and stumbling democracies, whose officials publicly disdain professional journalists work and willingly ignore or override legal protections for the media.   Catch-phrases such as 'fake news' and 'alternative facts', coined by the Trump administration, now echo in many other countries across the globe, emboldening critics of a free media.   On Jan 20, Unesco, which maintains a database on threats to the media, issued a statement calling attention to this phenomenon. It found efforts multiplying to silence critical voices and restrict public access to information.   'Aside from the risk of murder, journalists increasingly experience verbal and physical attacks in connection with their work', the statement said. 'Over recent years there has been a marked rise in imprisonment, kidnapping and physical violence amid widespread rhetoric hostile to the media and journalists'.   'Women in the media are particular targets', according to Unesco. 'They are often targets of online harassment, and face threats of gender-based violence'.   First-person reports from women in the media about physical or psychological abuse are becoming more numerous around the world. In July 2019, the independent Dutch Association of Journalists published findings of a survey of more than 350 female journalists. Over half said they had been subjected to intimidation or violence in their work.   The Committee to Protect Journalists republished several of the women's accounts, including this one, from Clarice Gargard. In her response to the survey, she said:   'Since I often express my opinion on political and social issues, I regularly receive online attacks, threats. Mostly insulting, derogatory, racist and sexist comments on Twitter or Facebook connected to my gender and skin color, but even death threats because of my work. These attacks are sometimes connected to the issues I am covering, but mostly I got them simply because I am a visible black woman in Dutch media and also one of the first such columnists to work for one of the biggest newspapers in the country, NRC Handelsblad, giving a different perspective on society.. A lot of people seem to have a problem with women expressing their opinion in public in general, and things get worse when you add race or other identities to it. It worsens when radical right-wing politicians, media or pundits target you, as has happened to me'.   For all journalists, especially investigative reporters, working close to home continues to pose hazards. For the first time, no journalist was killed while reporting abroad, the Reporters Without Borders report said. All victims in 2019 were killed in their own countries.   The proportion of deaths in countries not at war (59%) was greater than deaths in countries at war, the report found. Last year, most of the journalists killed (55%) were the victims of a war or a low-intensity conflict. These figures explain another one: 63% of the journalists killed [in 2019] were murdered or deliberately targeted. This is 2% more than in 2018.   While organizations may differ in methods of determining numbers of deaths, detentions, trials and convictions that take place every year, some common themes emerge.   Generally, the Latin America and the Caribbean region was considered the world's most dangerous region for journalists in 2019, with 22 journalists killed. The next most deadly regions were Asia-Pacific, with 15 deaths, and the Arab states with 10.   Globally, Mexico and Syria had the most recorded killings 10 each, according to Reporters Without Borders research. China led the world in detentions.   To complete the picture of a journalist's life of uncertain safety and increasing risk as a new decade begins, the organization recorded 57 media professionals still held hostage at the end of 2019, with another 389 in detention, an increase of 12 percent.   http://bit.ly/2TA643V http://unesdoc.unesco.org/ark:/48223/pf0000371487   When journalists are targeted, societies as a whole, pay the price. (UN News, UNESCO)   'Without journalists able to do their jobs in safety, we face the prospect of a world of confusion and disinformation', UN Secretary-General Antonio Guterres warned in a statement released to mark International Day to End Impunity Against Journalists.   'When journalists are targeted, societies as a whole pay the price', added the UN chief. 'Without the ability to protect journalists, our ability to remain informed and contribute to decision-making, is severely hampered'.   Killings and attacks on the rise.   A new study from the UN Educational, Scientific and Cultural Organization, UNESCO, underscores the risks that journalists face, showing that almost 90 per cent of those found responsible for the deaths of more than 1,100 of them, between 2006 and 2018, have not been convicted.   The report, 'Intensified Attacks, New Defences', also notes that killings of journalists have risen by some 18 per cent in the past five years (2014-2018), compared to the previous five-year period.   The deadliest countries for journalists, according to the statistics, are Arab States, where almost a third of the killings took place. The Latin American and Caribbean region (26 per cent), and Asian and Pacific States (24 per cent) are the next most dangerous.   Journalists are ofen murdered for their reporting on politics, crime and corruption, and this is reflected in the study, which reveals that, in the past two years (2017-2018), more than half of journalist fatalities were in non-conflict zones.   In his statement, the Secretary-General noted the rise in the scale and number of attacks on journalists and media workers, as well as incidents that make their work much harder, including threats of prosecution, arrest, imprisonment, denial of journalistic access and failures to investigate and prosecute crimes against them.   A high-profile example is the murder of Maltese journalist Daphne Caruana Galizia in 2017. The case is being followed by independent UN human rights expert Agnes Callamard, among others, who has suggested that too little has been done by the Maltese authorities to investigate the killing.   On Friday, as Haiti continued to face a protracted, violent crisis that has led to the deaths of some 42 people, and 86 injured, UN human rights chief Michelle Bachelet called on all of those involved in the violence to refrain from targeting journalists, and respect the freedom of the media to do its job: at least one journalist is among those killed, and nine other reporters have been injured, according to Ms. Bachelet's Office (OHCHR).   This year UNESCO has launched the #KeepTruthAlive social media campaign, which draws attention to the dangers faced by journalists close to their homes, highlighting the fact that 93% of those killed work locally, and featuring an interactive map created for the campaign, which provides a vivid demonstration of the scale and breadth of the dangers faced by journalists worldwide.   * UNESCO report, Intensified Attacks, New Defences: http://bit.ly/34mfXWU   http://www.un.org/en/events/journalists/ http://keeptruthalive.co/ http://en.unesco.org/commemorations/endimpunityday http://cpj.org/ http://rsf.org/en http://www.ipsnews.net/2021/08/daphne-caruana-galizias-family-hope-lessons-learnt-protect-investigative-journalists/ http://www.ipsnews.net/2019/11/net-closes-daphne-caruana-galizias-killers-sending-powerful-signal-no-impunity-corruption/ http://www.opendemocracy.net/en/democraciaabierta/periodismo-en-mexico-informar-para-vivir-morir-por-informar-en/ http://ethicaljournalismnetwork.org/   Nov. 2019   Governments cannot stay silent on human rights abuses, underlines UN rights expert   UN human rights expert Agnes Callamard has been involved in some of the most talked-about stories of the past year, from investigating the killing of Saudi journalist Jamal Khashoggi, to condemning the arrest of Wikileaks founder Julian Assange.   Ms. Callamard has also been highly critical of Malta's response to the killing of investigative journalist Daphne Caruana Galizia, and in October, alongside fellow Special Rapporteur David Kaye, she called on the Maltese authorities to do more to find those responsible for her death.   Shortly after that appeal, she sat down with Conor Lennon in the UN News studios in New York. He asked her if she was surprised that the investigation into the death of Ms. Galizia has not made more progress: http://bit.ly/2qffpDg   http://rsf.org/en/news/un-secretary-general-and-who-director-general-asked-issue-joint-appeal http://rsf.org/en/news/index-time-coronavirus http://rsf.org/en/2020-world-press-freedom-index-entering-decisive-decade-journalism-exacerbated-coronavirus   http://internews.org/challenges-journalists-working-during-covid-19-pandemic http://dartcenter.org/events/2020/03/reporting-and-covid-19-webinar-series-journalists http://dartcenter.org/resources/covering-coronavirus-resources-journalists http://niemanreports.org/articles/three-ways-to-counter-authoritarian-overreach-during-the-coronavirus-pandemic/ http://pulitzercenter.org/covid-19 http://www.coe.int/en/web/media-freedom/annual-report-2020 http://www.ifj.org/who/rules-and-policy/global-charter-of-ethics-for-journalists.html   http://cpj.org/2020/07/data-journalists-describe-challenges-of-reporting-on-the-true-toll-of-covid-19/ http://www.dw.com/en/brazil-top-court-sets-precedent-by-banning-global-access-to-social-media-accounts/a-54452807 http://news.un.org/en/story/2020/08/1069652 http://pressfreedomtracker.us/george-floyd-protests/ http://rsf.org/en/news/us-department-homeland-security-created-intel-reports-journalists-instructed-officers-how-arrest-and http://rsf.org/en/thematique/internet http://www.cjr.org/most-recent http://bit.ly/3ioC1tT Visit the related web page
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