At the request of the government, Canadian lawyer Toby Mendel, Executive Director of the Centre for Law and Democracy, was appointed by UNESCO to evaluate the revised draft of Mongolia’s Law on Freedom of the Press and Media.
He provided a total of 46 comments and recommendations. He noted that while the purpose of the draft law is clearly to protect press freedom, certain provisions need to be revised and improved.
According to Toby Mendel, the draft law is a positive step toward safeguarding media freedom, but several clauses require refinement.
Incorporating his comments and recommendations into the draft law is crucial for aligning Mongolia’s legal framework for media freedom with international standards and best practices. We talked with him about his analysis on law draft.
-How many times did you arrive in Mongolia?
-I did not count them exactly count. Maybe 20 times. I`ve been coming here since 2001. Apart from during Covid it was impossible. I`m coming almost every year, sometimes couple in the year. I was here in November. Now I am here in March.
By the way I have an award from the President of Mongolia `The Friendship of Mongolia` which is the highest award for foreigners in relation to Mongolia. That is reflecting long standing relationship that I contributed to Mongolia.
-Congratulations
-Thank you.
-Do you have a deep understanding of Mongolian media?
-My special area of expertise is on media law. I have a very deep understanding of media as much as anyone. About Mongolian media I have a vey good sense of it. I would not say I am an expert as local. But on the media law side that is my really special area.
I think the interntion of the law of Freedom of media is very positive. The content seeks to promote a media freedom. There is one Article 5 which is strictive media freedom that should be removed. But my larger comment is that they are very general which I mean to be much clear, much more precisely.
We want to have legal support or media freedom. The rules need to be practical and effective not tied to broad policy statements, but functional, legal provisions. So I think the law need to be tightened up.
My special area of expertise is on media law. I have a very deep understanding of media as much as anyone.
On the positive sides, first I think establishment of sample protection for journalst resources, all journalists. It prehabits Government feelings with media. It establishes, recognizes, media self regulation which is very important. So it has some important positive elements.
In terms of areas Article 5 imposes several completely unrealistic conditions on journalists. For example, they should prioritize national security. I think this is not the job of a journalist. That is the job of the Government. But more than that as I mentioned before, there are kind of big general statements. For example, 6.1 says There shall be no law restricts the of freedom of expression. That is just not realistic. Every country has the laws which restrict freedom of expression. We cannot say that.
Instead of that what we need to say is Any law which restricts the expression of freedom must meet these standards: A, B, C. if not in line with the standards it is not legitimate. So, I think it needs to be tightened up.
Article 11, it talks about media ownership. Mongolians should know who own the media that they are listening to. It is not like everything to be mixed.
The rule on community media keeps talking about limited scope of this kind of media. Community media needs to divine visibly the community. And then the media should be able to distribute to the community.
If community is spread out, you cover the whole community. Community is in a limited geography than you will cover only that geography. The idea is it should not always be limited. The idea is that it should be linked to a specific community.
So, there is part of, let is say fuzzy thinking that is the biggest point.
-What advice would you give Mongolia?
-From my point of view, this is an important law for Mongolia should move forward with. It needs to be improved. It is not perfect. But it is a positive law for media freedom. I know some people are questioning that.
I have worked for last 30 years on media law all over the world. They are not perfect, they are not going solve the problems. But it helps. I think to start with passing this law which will settling overriding principles and then it will be a lot of work to be done to amend other laws to bring them into line with that.
Criminal code, Public radio and TV, The law on Broadcasting. So many laws need to be amended in line with this law.
To start with this law principles is a good start after it is improved. In addition to improving the content, already there. I think there are of missing opportunity, elements, principles or standard of the media freedom that are not included in the law.
For example, for MONTSAME, is a public media. It should be a public service. That means it should be independent from the Government. It should be accoutable to the people of Mongolia. The principle on that are not strong in the law.
Principles of freeodom of journalism, about regulation of broadcasters are missing from the law. That is another element not just improving what is there. But also adding more strong standards for media freedom.
-I was going throuth your summary and analyzes of law draft, it was really informative. If you were given the point from 1-10, how much would you give the current Mongolian media legislation?
-Maybe I will give 6. To me, the score 1-10 is not the right way to look at. What I would say is the intention behind this legislation is quite positive. It needs to be improved to deliver that intention.
The law is now in Parliament. So, my suggestion to Parliament is to move forward with the law, to continue to develop it. But of course, to improve it.
-From your perspective, which country has the better legislation on media?
-I would start by saying that is quite complicated issue. Because there are so many elements. For example, these days one of the biggest problem media is facing in the developed democracy is lack of money.
Money all gone to the platforms. Nowadays what the media needs almost than anythng else is financial support including to get money back from the platorms. For example, my country has the law that asissts the media get money from the platforms. Only a few countries have this law.
On the other hand some of the rules in my country are not as good as other countries in other areas.
There are number of fairly established indecies that measure the strength of the overall media environment. For example, RSF reporters have an index. Nordic countries are usually at the top. If you look at the top 15 countries, most are developed countries.
-By presenting the draft law on this regard, would you say the index of democracy and freedom of media would increase in the near future?
-Just presenting the draft law will not affect the index. The Government have to adopt the law to become part of the system. Simply presenting it does not actually do anything. If parliament adopt a strong Media freedom law, then it will definitely increase Mongolian score in the index.
In 2024 Mongolia is in 109 out of 140 countries. It is not so strong position. I think Mongolia could and should do better. And this will help.
-Thank you.
At the request of the government, Canadian lawyer Toby Mendel, Executive Director of the Centre for Law and Democracy, was appointed by UNESCO to evaluate the revised draft of Mongolia’s Law on Freedom of the Press and Media.
He provided a total of 46 comments and recommendations. He noted that while the purpose of the draft law is clearly to protect press freedom, certain provisions need to be revised and improved.
According to Toby Mendel, the draft law is a positive step toward safeguarding media freedom, but several clauses require refinement.
Incorporating his comments and recommendations into the draft law is crucial for aligning Mongolia’s legal framework for media freedom with international standards and best practices. We talked with him about his analysis on law draft.
-How many times did you arrive in Mongolia?
-I did not count them exactly count. Maybe 20 times. I`ve been coming here since 2001. Apart from during Covid it was impossible. I`m coming almost every year, sometimes couple in the year. I was here in November. Now I am here in March.
By the way I have an award from the President of Mongolia `The Friendship of Mongolia` which is the highest award for foreigners in relation to Mongolia. That is reflecting long standing relationship that I contributed to Mongolia.
-Congratulations
-Thank you.
-Do you have a deep understanding of Mongolian media?
-My special area of expertise is on media law. I have a very deep understanding of media as much as anyone. About Mongolian media I have a vey good sense of it. I would not say I am an expert as local. But on the media law side that is my really special area.
I think the interntion of the law of Freedom of media is very positive. The content seeks to promote a media freedom. There is one Article 5 which is strictive media freedom that should be removed. But my larger comment is that they are very general which I mean to be much clear, much more precisely.
We want to have legal support or media freedom. The rules need to be practical and effective not tied to broad policy statements, but functional, legal provisions. So I think the law need to be tightened up.
My special area of expertise is on media law. I have a very deep understanding of media as much as anyone.
On the positive sides, first I think establishment of sample protection for journalst resources, all journalists. It prehabits Government feelings with media. It establishes, recognizes, media self regulation which is very important. So it has some important positive elements.
In terms of areas Article 5 imposes several completely unrealistic conditions on journalists. For example, they should prioritize national security. I think this is not the job of a journalist. That is the job of the Government. But more than that as I mentioned before, there are kind of big general statements. For example, 6.1 says There shall be no law restricts the of freedom of expression. That is just not realistic. Every country has the laws which restrict freedom of expression. We cannot say that.
Instead of that what we need to say is Any law which restricts the expression of freedom must meet these standards: A, B, C. if not in line with the standards it is not legitimate. So, I think it needs to be tightened up.
Article 11, it talks about media ownership. Mongolians should know who own the media that they are listening to. It is not like everything to be mixed.
The rule on community media keeps talking about limited scope of this kind of media. Community media needs to divine visibly the community. And then the media should be able to distribute to the community.
If community is spread out, you cover the whole community. Community is in a limited geography than you will cover only that geography. The idea is it should not always be limited. The idea is that it should be linked to a specific community.
So, there is part of, let is say fuzzy thinking that is the biggest point.
-What advice would you give Mongolia?
-From my point of view, this is an important law for Mongolia should move forward with. It needs to be improved. It is not perfect. But it is a positive law for media freedom. I know some people are questioning that.
I have worked for last 30 years on media law all over the world. They are not perfect, they are not going solve the problems. But it helps. I think to start with passing this law which will settling overriding principles and then it will be a lot of work to be done to amend other laws to bring them into line with that.
Criminal code, Public radio and TV, The law on Broadcasting. So many laws need to be amended in line with this law.
To start with this law principles is a good start after it is improved. In addition to improving the content, already there. I think there are of missing opportunity, elements, principles or standard of the media freedom that are not included in the law.
For example, for MONTSAME, is a public media. It should be a public service. That means it should be independent from the Government. It should be accoutable to the people of Mongolia. The principle on that are not strong in the law.
Principles of freeodom of journalism, about regulation of broadcasters are missing from the law. That is another element not just improving what is there. But also adding more strong standards for media freedom.
-I was going throuth your summary and analyzes of law draft, it was really informative. If you were given the point from 1-10, how much would you give the current Mongolian media legislation?
-Maybe I will give 6. To me, the score 1-10 is not the right way to look at. What I would say is the intention behind this legislation is quite positive. It needs to be improved to deliver that intention.
The law is now in Parliament. So, my suggestion to Parliament is to move forward with the law, to continue to develop it. But of course, to improve it.
-From your perspective, which country has the better legislation on media?
-I would start by saying that is quite complicated issue. Because there are so many elements. For example, these days one of the biggest problem media is facing in the developed democracy is lack of money.
Money all gone to the platforms. Nowadays what the media needs almost than anythng else is financial support including to get money back from the platorms. For example, my country has the law that asissts the media get money from the platforms. Only a few countries have this law.
On the other hand some of the rules in my country are not as good as other countries in other areas.
There are number of fairly established indecies that measure the strength of the overall media environment. For example, RSF reporters have an index. Nordic countries are usually at the top. If you look at the top 15 countries, most are developed countries.
-By presenting the draft law on this regard, would you say the index of democracy and freedom of media would increase in the near future?
-Just presenting the draft law will not affect the index. The Government have to adopt the law to become part of the system. Simply presenting it does not actually do anything. If parliament adopt a strong Media freedom law, then it will definitely increase Mongolian score in the index.
In 2024 Mongolia is in 109 out of 140 countries. It is not so strong position. I think Mongolia could and should do better. And this will help.
-Thank you.