Governments' Use of Lawfare to Silence Journalists: Safeguarding Press Freedom

Across the globe, governments are increasingly resorting to the manipulation of legal frameworks to stifle journalism and punish journalists who dare to challenge their authority. This practice, known as "lawfare," involves deploying various legal measures, seemingly unrelated to journalism, such as tax issues, foreign funding regulations, and even laws aimed at protecting women, to target journalists and suppress the truth. This alarming trend threatens press freedom and undermines the vital role journalists play in holding power accountable. To safeguard journalists and ensure the continued protection of free speech, it is essential to address this growing concern.

The case of journalist Rodney Sieh in Liberia exemplifies the use of lawfare as a tool to muzzle the media. Sieh, the founder of FrontPage Africa, published a government report exposing the misuse of donor funds by a minister. In response, the minister orchestrated a corrupt legal process that resulted in Sieh's conviction and an outrageous 5,000-year prison sentence, effectively silencing his media outlet. Sieh reports that he later saw the minister and his lawyer “high-fiving” each other outside of the court.

Similarly, in Guatemala, publisher José Rubén Zamora, chief communications and impact officer at Exile Content Studio, was imprisoned for nine months on false money-laundering charges, while his newspaper, elPeriódico, faced relentless lawsuits and harassment aimed at shutting it down. “They discovered the most effective tool they have in the journalism repression playbook is criminal law,” said Zamora. “It’s easy to fabricate a case saying that a journalist laundered money, arrest him and put him in prison."

There is a recourse for protecting journalists, according to Carolina Henriquez-Schmitz, director of TrustLaw at the Thomson Reuters Foundation. Some suggestions she made to the International Journalists’ Network include:

EXPANDING LEGAL PROTECTIONS

Legal support for journalists should go beyond reactionary measures after lawsuits or imprisonments occur. Lawyers must play a proactive role by providing pre-publication content review to minimize legal risks. Initiatives like Reporters Shield, which offer legal support, can assist journalists and media organizations in navigating complex legal landscapes–but without the support of people directly involved in the legal system, these laws can easily target journalists. Which is why journalists should…

ENHANCE THEIR LEGAL EXPERTISE

Lawyers defending journalists need to possess comprehensive expertise, including not only traditional areas like libel law but also financial crimes and cybercrime. Governments employing lawfare tactics often exploit various legal aspects, necessitating a multidisciplinary approach to effectively defend journalists. Conversely, journalists need to know where their rights fall in the law and when it is appropriate to hire a lawyer or file suit against a government entity. 

TARGETED LITIGATION

Targeted litigation movements to establish robust legal precedents that protect journalistic freedom could potentially expand legal protections for journalists—though this strategy may only work in a democratic legal system where even corrupt lawmakers still need to abide by due process of law. In other types of government systems, seemingly unrelated laws can be leveraged to suppress journalism, and can be rapidly expanded without due process.

The case of Rodney Sieh demonstrates the power of international condemnation in securing his release. The global outcry and pressure on the Liberian government ultimately led to Sieh's freedom. However, the repercussions of his imprisonment persist: “Every time I apply for a visa, I’m a criminal. If you Google my name, I’m a criminal,” he said. “[My release] shows that the power of the media is strong, but at the same time these laws … are meant to keep us in fear. The guns … are silent now. They use the court system to prosecute journalism.”