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Educating the world on media law

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Stationed in South Korea during the mid-1960s, Daniel Byron, then a captain in the U.S. Army, became curious about Mongolia as he listened to the daily weather forecast for that country on AFKN radio.

To his memory of the country reporting extremely cold temperatures, Byron will soon be able to add fresh stories of the weather, the people and the legal system.

The partner at Bingham Greenebaum Doll LLP is preparing to visit Mongolia to help improve the rights of free speech and free press. He will spend all of September in and around the capital city, Ulaanbaatar, assisting and educating defense attorneys, prosecutors, judges, journalists and other advocates about media law.
 

il-dan-byron03-15col.jpg Daniel Byron (IL Photo/ Perry Reichanadter)

“Everything I’ve heard tells me Mongolia wants to open up and be more democratic in its attitude and give more attention to free speech and free press,” he said. “But, the devil is in the details.”

Byron will be going as part of the International Senior Lawyers Project, a nonprofit that partners with clients around the world and dispatches attorneys with extensive legal experience to help with matters regarding the law.

The attorneys are not sent to provide the answers, said Andra Moss, ISLP director of volunteers and communications. Their purpose is to help the clients find a path to a solution.

The ISLP has a very strong commitment to the rule of law, Moss said. It advocates for a judicial system and fairness of process that people can trust. Attorneys volunteer not so much because they want to travel but rather because they want to share the knowledge they have acquired from spending their careers in the legal profession.

Overseas the lawyers are given housing and connected to the organizations with whom they will be working, but the volunteers are responsible for the details of their daily living, like finding meals, Moss said. And that, like many aspects, is a different experience than in the United States. An attorney who has recently returned from Mongolia reported that coffee is not always available, traffic signals are routinely ignored, and the alcoholic drink of choice is fermented camel’s milk.

In the 11 years that ISLP has sent lawyers to 63 faraway places, no one has ever returned saying they were disappointed they volunteered, Moss said.

Byron still talks excitedly about his first ISLP trip that sent him to West Africa for two months in 2007. Writing of his experience for the just-published book, “Exporting the Matrix: the Campaign to Reform Media Laws Abroad,” Bryon recounted that the nonprofit’s request for a senior media attorney not only matched his experience but also filled his desire to make a positive difference in emerging democracies.

His eagerness to volunteer in West Africa came from the strong belief that also drives his desire to work in Mongolia. Specifically, he maintains that the hallmark of a vibrant democracy is giving the citizens the right to say and print the truth without fear of government retaliation.

“The first thing you’ll notice over the many years is once you control the press and stop free speech, totalitarian government is easy,” Byron said. “The view from the top down is if you can cause a country to have free press and free speech without fear of the government, then you’re going to have a robust democracy.”

Mongolia is a country struggling with media rights, according to Globe International, a non-governmental organization that requested help from ISLP. Criminal libel cases are common and between 70 and 85 percent of the time, the journalists are found guilty even when the information they distributed was not false or inaccurate. The reporters convicted of criminal libel face the possibility of stiff fines that they have to pay themselves and prison.

Globe International states that defamation charges are being used to harass journalists and encourage self-censorship.

Byron’s task includes helping the lawyers who are defending these journalists. He will offer advice, analyze the evidence and explore alternative remedies to the cases . In addition, he will hold a workshop for judges and prosecutors about media law.

Prior to leaving, he is reviewing a case he may help defend that has been brought against a newspaper owner who is, incidentally, also one of the founders of Globe International. It is a tangled financial mess that in the United States would be a simple debt collection, but in Mongolia it has become a criminal case that could land the owner in jail for 15 to 20 years.

From his experience in West Africa, Byron has learned that change can be incremental but change can happen.

During his 2007 trip, Byron worked on a case of a newspaper editor who had been pulled from his desk chair and arrested by armed guards for reprinting a BBC article that was critical of the country’s leader. The editor has not been seen or heard from since, leading his family to believe he has been killed.

Byron aided the defense counsel in obtaining a judgment of $100,000 in U.S. dollars for the family and helped successfully petition the United Nations to request the government reveal where the editor is and, if he is still alive, return him to his family.

To date, the family has received neither restitution nor an account of what happened.

However, recently, another reporter was taken into custody for criticizing the government, but he was not tortured and was released unharmed.

“You don’t always know what kind of difference you might make,” Byron said. “For me, trying is the most important thing. I hope I make some modicum of difference in Mongolia. We’ll see.”•

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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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