[THS] Victory for WikiLeaks in Iceland Parliament

[The Harder Stuff in news and commentary]

http://thelede.blogs.nytimes.com/2010/06/17/victory-for-wikileaks-in-icelands-parliament/

 June 17, 2010, 9:22 am
Victory for WikiLeaks in Iceland’s Parliament
By ROBERT MACKEY

An Al Jazeera English video report explained the Icelandic Modern Media Initiative in
March.

At 4 a.m. on Thursday, at the end of an all-night session, Iceland’s Parliament, the
Althing, voted unanimously in favor of a package of legislation aimed at making the
country a haven for freedom of expression by offering legal protection to whistle-
blower Web sites like WikiLeaks, which helped to craft the proposal.

As the Web site Ice News reports, “One of the inspirations for the proposal was the
dramatic August 2009 gagging of of Iceland’s national broadcaster, RUV by Iceland’s
then largest bank, Kaupthing.”

One of the sponsors of the proposal in the Althing, Birgitta Jonsdottir, told my
colleague Noam Cohen in February that Iceland hoped to become “the inverse of a
tax haven,” by offering journalists and publishers some of the most aggressive
protections for free speech and investigative journalism in the world. “They are trying
to make everything opaque,” she said. “We are trying to make it transparent.”

As Mr. Cohen explained in an article on the package of laws that passed on
Thursday:

    The proposal, the Icelandic Modern Media Initiative, combines in a single piece of
legislation provisions from around the world: whistle-blower laws and rules about
Internet providers from the United States; source protection laws from Belgium;
freedom of information laws from Estonia and Scotland, among others; and New
York State’s law to counteract “libel tourism,” the practice of suing in courts, like
Britain’s, where journalists have the hardest time prevailing. [...]

    The plan to make Iceland a world leader in journalism protection took shape in
December with the assistance of two leaders of the whistle-blower Web site
WikiLeaks.org, Julian Assange and Daniel Schmitt, whose publish-nearly-anything
ideology has given them personal experience with news media laws around the
globe.

On Tuesday, Philip Shenon of The Daily Beast reported that Mr. Assange had told
supporters that the site would soon release another video of an American military
strike that killed civilians:

    After several days underground, the founder of the secretive Web site WikiLeaks
has gone public to disclose that he is preparing to release a classified Pentagon video
of a U.S. airstrike in Afghanistan last year that left as many as 140 civilians dead,
most of them children and teenagers.

    In an e-mail message obtained by The Daily Beast that was sent to WikiLeaks
supporters in the United States Tuesday, Julian Assange, the Web site’s Australian-
born founder, also defends a 22-year-old Army intelligence specialist who is now
under arrest in Kuwait on charges that he leaked classified Pentagon combat videos,
as well as 260,000 State Department cables, to WikiLeaks.

It is not yet clear how much help the new legislation will provide to foreign journalists
trying to shield themselves behind Icelandic law. As the Nieman Journalism Lab
notes:

    In his analysis of the proposal — “Fortress Iceland? Probably Not.” — Arthur Bright
of the Citizen Media Law Project has noted that in one major test case of cross-border
online libel law, “publication” was deemed to occur at the point of download —
meaning that serving a controversial page from Iceland won’t keep you from getting
sued in other countries. But if nothing else, it would probably prevent your servers
from being forcibly shut down.

Monroe Price, who runs a program in comparative media law at the University of
Oxford, told The Independent in London, “As an exercise in aspirations, it’s a bold
and important endeavor.” But, he added, “if it’s a significant issue like a national
security question, then the charging jurisdiction will figure out ways of asserting its
power.”