‘Forcing disclosure of information sources is human rights violation’
On October 25, representatives of International Human Rights Organization (IHRO), the Mongolian Bar Association and Amnesty International Mongolia held a discussion about the international legal norms for ensuring freedom of speech and expression of opinion.
G.Narantuya, a member of the National Human Rights Commission (NHRC), said, “The right to express one’s opinion is the basis of a democratic society. Therefore, the right and freedom to express one’s opinion are protected by law in democratic countries. There is no limit to the freedom of thinking in one’s head.”
She added, “However, because the process of expressing opinions is carried out in a public space, there are limits to it. Limits are set to protect the dignity and honor of others.”
She says restrictions on freedom of speech must be based on compliance with the following three types of criteria.
• Restrictions may be set by law
• Restrictions must be lawful
• The scope of the limitation should be consistent with the purpose
The UN Human Rights Council gave recommendations to Mongolia in 2015 and 2020, respectively, to align laws and regulations on the freedom of speech and expression with international legal frameworks.
Lawyer L.Ganbaatar said, “One of the reasons for non-fulfillment of international legal norms is the lack of adequate understanding and implementation of the conditions set by international law. The right to speech and expression should be limited but it is wrong to have restrictions that go beyond international law. For example, defamation and insult are illegal and should be dealt with under the Civil Law. But in our country, it is regulated by the Criminal Code.”
“There are international legal norms that the right to free expression of opinion in the digital environment must be protected in the same way. In Mongolia, the right to express one’s opinion in the online environment is restricted without a court order. For example, according to the relevant regulations approved by the Communications Regulatory Commission, measures are taken to block or restrict content if it is deemed illegal. Limitations can be imposed but they should be implemented within the framework of the court decision. Because our country has joined international legal norms related to the right to freedom of expression, we are obliged to fulfill it. However, in actual conditions, the implementation is insufficient.”
Experts stressed that forcing the disclosure of information sources is a human rights violation. “Forcing sources to reveal themselves is considered a violation of human rights. However, in Mongolia, the protection of journalists’ confidential sources is not regulated by law. Only journalists of Mongolian National Broadcaster can exercise this right,” an expert said.