The UB Post

‘Forcing disclosure of informatio­n sources is human rights violation’

- By B.TUSHIG

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.

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