To follow is the Media Caucus text, in English. This text will be the basis for interventions on Financing, Internet Governance and the Political Chapeaux. ArialStatement to WSIS II PrepCom 2 on behalf of the Media Caucus February 21, 2005 The members of the Media Caucus, including Northern and Southern journalists of both the industrialized and developing worlds, have expressed their deep concern that the texts currently under consideration for the second phase of the World Summit on the Information Society make only a passing and ambiguous reference to the central place of the media in that information society. We hold strongly that Article 19 of the Universal Declaration of Human Rights must be reaffirmed. Not only that, we concur in the statement by African and Arab and international journalists groups in their recent Declaration of Marrakech - held under the aegis of ORBICOM, the international network of UNESCO Chairs in Communication, and the Kingdom of Morocco, with the support of UNESCO -- that "The time has come to move from the promise of Article 19 to its universal implementation." We recall that Article 19 states, "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media, and regardless of frontiers." The member states of the United Nations are all committed to those fine words. They must all now honour those commitments. If they do not, then tomorrow's Information Society will prove to be an empty shell. This December's catastrophic tsunami illustrated that, to be effective, international solidarity requires an immediate and truly free flow of information. The same principle applies to longer term development. There can be information without development, but there cannot be effective development without full and free information. Journalists and their outlets in the North and the South must have the same opportunities to transmit their news and comments. That is a large part of what overcoming the digital divide is all about. It is also important that there be no legal bars for anyone to practice journalism freely, on or offline. Access to publicly held information must be provided to all on an equal basis. Any exceptions to the general rule that such information is publicly available must be precise, narrow and clearly legitimate in the public interest. And the world of journalism must be given its rightful place at the table to discuss the future information society. It is both bizarre and unjust that the Working Group on Internet Governance does not number a single journalist. Consideration of communication without communicators is like talking about farming without consulting farmers. In the words of the Marrakech Declaration, "Representatives of the media must be involved as full partners in any future Internet governance system." The term "governance" must not be allowed to become a code word for government regulation of Internet content. The system must not be reorganized to permit this internationally nor to encourage it nationally. Any changes to the Internet governance system should not involve controls over content, nor modifications of the Internet's technical "architecture" that facilitate or permit censorship of news or opinion. Nor should "self-regulation" be allowed to become a surrogate for governmental regulation of content on the Internet. Security concerns must not serve as pretexts to limit freedom of expression in cyberspace. Nor should considerations of "ethics" be allowed to become a veiled way to justify censorship. To quote the Marrakech Declaration again, "The creation of ethical norms is the sole responsibility of media professionals themselves." On a practical note, Internet Service Providers should not be held liable for the content of the messages they carry. The installation of filtering systems must be an individual choice, not something imposed by authorities. The determination of what constitutes illegal content subject to punishment must be left in the hands of independent courts administering laws that derive their legitimacy from universally accepted norms. Any alleged offense committed on the Internet should normally be tried under the laws of and in the country where it originated, except for very clear and well-defined special circumstances, like explicit and credible calls for violence elsewhere. Public and private aid providers and grantors should insist that there be freedom of expression and press freedom when they fund programs and projects to help media and to overcome the digital divide. And, finally the general principle applied to cyberspace should be that the Internet and other new media forms should be afforded the same freedom of expression protections as traditional media. # Times Tracey Naughton NYAKA Communication for Development Consultant 201 Somerset hall 239 Oxford Road Illovo 2196 South Africa landline & fax: +27 (0) 11 880 5030 cell / mobile: +27 (0) 82 821 1771 email: tracey@traceynaughton.com