World Press Freedom Day:  Mongolia Making Progress

Opinion Editorial by Brian L. Goldbeck, Chargé d’Affaires
May 3, 2007

Today, May 3, is World Press Freedom Day.  Last year we stressed that press freedom is vitally important to Mongolia and all other free nations.  It was true then and is still true today that a free press informs and educates the public, provides a check on power and the abuse of power, including and perhaps most especially corruption, and gives voice to the persecuted.  Mongolia’s citizens must have the ability to express themselves, to debate alternative ideas and to challenge assumptions.  As such, a media that is independent from the state allows the peaceful expression and competition of ideas on which democracy depends.

On World Press Freedom Day, we recognize that every day members of the media -- brave men and women -- around the world risk harassment, beatings, detention, imprisonment and even death for exposing the truth.   The instruments of repression are many and include libel laws, onerous state secrets laws, government control of the media, self-censorship, and restriction of the Internet.

Mongolians have begun the process of improving overall transparency and citizens' access to government information by acknowledging the need to repeal or significantly amend its State Secrets Law--a law considered overly restrictive and punitive when compared against other post-communist countries-- and by passing a Freedom of Information Act.   Mongolia's State Secrets Law, for example, extends the definition of "state secret" to not only national security interests (such as sensitive national defense information which Mongolia, like other nations, has a right to protect) but also to a whole host of other non-sensitive but useful and informative items such as basic economic and census data, the identity of shareholders in private companies, audits of state-owned companies, and even draft laws, amendments, and regulations.  Sadly, such restrictions tend to empower some corrupt bureaucrats to levy or solicit "fines" (extra-legal fees or bribes) on citizens and businesses.  On another level, however, it has sometimes been used to harass and convict people whose views or activities were considered contrary to authority or vested interests.  Narrowing the State Secrets Law would enable Mongolians to find and know truth.  In addition, Mongolia's press can play an important role by shining a bright light on corruption.

Looking back over the past year, there has some progress.  For example, the Cabinet of Ministers discussed the final draft of the Freedom of Information Law, but action was postponed to allow it to be discussed along with laws on information security and information technology.  We hope this will be the year for that discussion and action.
Mongolia has much to be proud of in the area of press freedom, yet some troubling issues remain.  For example, the current criminal libel law encourages self-censorship and makes journalists and editors susceptible from threats from powerful individuals and companies.  We have examined these issues at greater length in our recently released human rights report on Mongolia (see the U.S. Embassy’s website).  How can this be remedied?  Mongolia should consider changing its libel law to a reasonable civil libel law based on those used in other democracies.  

Similarly, making ownership of media companies clear and transparent would enable audiences to judge for themselves where their reporting may be biased.  In the last year, several new daily newspapers and TV stations were established and we hope it will stimulate better quality reporting through increased competition.

For their part, journalists and editors also need to report responsibly and ethically.  Journalists and editors must set high personal and professional standards and take their responsibilities seriously.  Refusing bribes and being “clean” themselves would enable journalists to report credibly on corruption.

Much progress has been made since the end of Socialism and Mongolians can and should be proud of these achievements.  Making these few additional reforms would enable Mongolians to enjoy the full benefits of press freedom.  This is an important test of the Mongolian people’s commitment to freedom and democracy and their government’s ability to deliver it. 

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