The Role of the Media and Investigative Journalism in

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Please cite this publication as, OECD 2018 The Role of the Media and Investigative Journalism in Combating Corruption. www oecd org corruption The role of media and investigative journalism in combating. corruption htm, This work is published under the responsibility of the Secretary General of the OECD The opinions. expressed and arguments employed herein do not necessarily reflect the official views of the OECD or. of the governments of its member countries or those of the European Union. This document and any map included herein are without prejudice to the status or sovereignty over. any territory to the delimitation of international frontiers and boundaries and to the name of any. territory city or area, The media and investigative journalism play a crucial role in bringing allegations of. corruption to light and fighting against impunity International consortiums of. investigative journalists are an example of an international cooperation that leads to. tangible results in bringing financial and economic crime to the attention of the public. and law enforcement authorities Media reporting is an essential albeit untapped. source of detection in corruption cases This is highlighted in Chapter 4 of the OECD. study on The Detection of Foreign Bribery published in December 2017. This report expands on Chapter 4 from the study by including further information. collected from countries Party to the Convention on Combating Bribery of Foreign Public. Officials in International Business Transactions OECD Anti Bribery Convention It also. explores good practices and challenges in the detection of international corruption cases. via media reporting and investigative journalism, This report and Chapter 4 from the study were drafted by Leah Ambler Daisy Pelham. and Simone Rivabella under the coordination of France Chain Senior Legal Analyst. from the Anti Corruption Division of the OECD Directorate for Financial and Enterprise. Affairs The authors acknowledge the contributions of country mentors from Australia. Tom Sharp Criminal Law Reform Section Attorney General s Department and Sweden. Alf Johansson Chief Public Prosecutor and Spencer Wilson of the OECD Public. Affairs and Communications Directorate, This report uses material collected through country reviews undertaken by the OECD.
Working Group on Bribery in International Business Transactions OECD WGB and. through responses to the OECD Survey on Investigative Journalism OECD Survey. Box 1 describes the methodology used to conduct the OECD Survey. Box 1 Scope and methodology of the OECD Survey on Investigative Journalism. The OECD Survey was conducted between 12 April and 26 May 2017 and received a total of 101. responses from 43 countries The main objective of the OECD Survey was to find out how. investigative journalists uncover and investigate corruption stories and obtain their perspectives. on interacting with law enforcement in foreign bribery cases Some survey questions were. optional and some allowed multiple responses percentages have therefore been calculated for. each question based on the percentage of respondents who answered that question This. explains the variations in the number of responses per question and why the percentages in. some questions do not add up to 100 Percentages have been rounded to the nearest whole. number The authors wish to express their gratitude to the International Consortium of. Investigative Journalists ICIJ the Organised Crime and Corruption Reporting Project OCCRP. and the Global Investigative Journalism Network GIJN for disseminating the OECD Survey to. their membership The Secretariat further conducted interviews with three journalists which form. the basis for some of the case studies in this publication. Introduction, Media reporting in general and especially investigative journalism by affiliated or. independent journalists or indeed non governmental organisations NGOs are among. the most important sources of public awareness raising on corruption Media reporting is. an essential source of detection in corruption cases either for law enforcement authorities. that investigate allegations contained in the press or indeed for companies that decide to. conduct internal investigations or self report or anti money laundering reporting entities. that make suspicious transaction reports following. queries from the media or published articles,Between the entry into force of the OECD. Anti Bribery Convention in 1999 and 1 June 2017,2 of foreign bribery schemes resulting in. sanctions amounting to a total of 6 schemes were The percentage of. initiated following media reports on the alleged, corruption In addition to helping to initiate cases. foreign bribery, media reporting may also assist with the cases detected via.
evaluation of known matters for potential media reports. investigation,OECD 2017 The Detection of Foreign, The fourth estate should be respected as a free Bribery. eye investigating misconduct and a free voice, reporting it to citizens While recent technologies such as digital currencies blockchain. and data mining are providing criminals with new means to commit crimes encrypted. communications provide sources with greater confidence to bring their concerns to the. attention of the media without fear of surveillance or reprisals Open data is allowing. investigative journalists access to an enormous amount of previously unattainable. information and transnational networks and consortiums of news professionals facilitate. investigations that were unimaginable ten years ago. The Panama Papers investigation which was awarded the Pulitzer Prize for. Explanatory Reporting in April 2017 grew out of a five year reporting push by the. International Consortium of Investigative Journalists ICIJ that dug into financial secrecy. havens and published figures for the top ten countries where intermediaries operate Hong. Kong China United Kingdom Switzerland United States Panama Guatemala. Luxembourg Brazil Ecuador and Uruguay 1 Similarly in April 2016 after a six month. investigation two major media outlets reported on the Unaoil scandal an alleged. transnational bribery scheme involving bribes paid on behalf of companies in countries. across the globe including those from Parties to the OECD Anti Bribery Convention. More recently the ICIJ s Paradise Papers investigations have resulted in global reporting. on the use of offshore financial centres by more than 100 multinational companies to. conceal certain transactions 2 The ICIJ s investigations have involved more than 380. journalists working on six continents in 30 languages highlighting the importance of. collaborative networks for investigative journalists working on complex cross border. investigations, Explore the Panama Papers Key Figures https panamapapers icij org graphs. ICIJ Paradise Papers Secrets of the Global Elite www icij org investigations paradise papers. Sixteen out of the 413 Parties, Figure 1 States party to the Anti Bribery Convention in. the 2017 World Press Freedom Index to the Anti Bribery Convention. that have completed a Phase 3,0 10 20 30 40 50 60,evaluation confirmed detecting at.
Netherlands least one case of foreign bribery,through either national or. New Zealand international media reports 4 Six,Costa Rica. Switzerland countries received recommenda,tions for law enforcement. Austria authorities to routinely assess,Slovak Republic. credible foreign bribery,Estonia allegations that are reported in the.
Luxembourg,Germany media for overseas missions to,monitor local media and report. Czech Republic allegations to the appropriate,authorities or to raise awareness. Australia in national media about,Spain international corruption issues 5. United Kingdom,The OECD WGB which brings,South Africa together the 43 Parties to the. United States OECD Anti Bribery Convention,maintains a Matrix of.
Argentina allegations of foreign bribery,which is prepared by the OECD. Japan Secretariat based on public,Peru sources and mainly on media. reporting The Matrix is used by,Brazil the Working Group to track case. progress and is sometimes used as,Russia a source of detection by member. Turkey countries 6, Note Countries have been given scores ranging from 0 to 100 The role of media in detecting.
bribery cases is enhanced by legal, with 0 being the best possible score and 100 the worst Peru is. included as a full member of the OECD WGB frameworks protecting freedom. Source Reporters Without Borders 2017 World Press plurality and independence of the. Freedom Index https rsf org en ranking press laws allowing journalists to. access information from public, administrations and efficient judicial systems that keep journalists away from unfounded. lawsuits Investigative journalism would not exist without sources Protection of sources. or whistleblowers the terms will be used interchangeably in this report is also. Lithuania and Costa Rica became the 42nd and 43rd Parties to the OECD Anti Bribery Convention. in July 2017, Argentina Australia Brazil Czech Republic Finland Greece Ireland Israel Latvia Norway. Poland Portugal Slovak Republic Slovenia Spain and Turkey. Argentina Australia Greece Israel Portugal and Turkey. The OECD WGB has noted in its evaluations that the Matrix should not be relied on as the sole or. even primary detection source as countries are expected to maintain their own proactive detection. fundamental to ensuring that corruption cases can be brought to light in the media. Freedom of the press a pre condition to reporting on corruption. Freedom of the press is a fundamental human right and several international treaties. recognise its importance in the protection of democratic principles 7 The UNCAC 2003 8. acknowledges the critical role of media in fighting corruption Art 13 d asks States Parties. to strengthen the participation of society in the fight against corruption by respecting. promoting and protecting the freedom to seek receive publish and disseminate information. concerning corruption subject to certain restrictions as necessary and provided by law to. respect the rights and reputation of others and to protect national security ordre public or. public health and morals The Group of States against Corruption GRECO 9 considers the. level of freedom of press as an indicator of compliance with the rules established by the. Council of Europe CoE for fighting corruption Point 16 of Resolution 97 24 of the CoE. explicitly included the enhancement of freedom of media among the twenty Guiding. Principles for the Fight against Corruption Figure 1 sets out the ranking of Parties to the. OECD Anti Bribery Convention on the 2017 World Press Freedom Index While press. freedom is not specifically within the scope of the OECD Anti Bribery Convention and its. related instruments the OECD WGB has considered constraints on freedom of the press. and information in its evaluations,The OECD Survey on Investigative. Journalism Survey asked journalists to rate Exposing corruption. how safe they felt reporting on corruption cases means disturbing. most respondents 35 indicated that they felt,moderately safe Journalists were most.
powerful and, concerned about threatened or actual legal ruthless people a. action in the form of civil suits for libel or risk one must be. criminal prosecution for defamation or,publishing classified information Some referred. to baseless legal actions being launched to Anonymous respondent to the OECD Survey. on Investigative Journalism 2017,intimidate journalists which nevertheless took. time to resolve and involved significant legal, and psychological cost One journalist stated that large companies had threatened to sue. colleagues and as a result decisions had to be made as to whether it was worth taking the. risk to publish the story Another journalist had been prosecuted and acquitted twice for. reporting on corruption cases I can say how tediously sic costly and time consuming it. is to be under pressure just for doing my job Other concerns included attacks on. professional credibility and political retaliation Some journalists had received death threats. and mentioned colleagues who had been killed for their work investigating and reporting on. Several international and regional instruments seek to guarantee freedom of the press See e g Art. 19 of both the UN Universal Declaration of Human Rights 1948 and the International Covenant. on Civil and Political Rights 1966 Art 10 of the European Convention on Human Rights 1950. Art 13 14 of the American Convention on Human Rights 1969 and the African Banjul Charter. on Human and Peoples Rights 1981, All Parties to the Anti Bribery Convention have ratified the UNCAC.
Among Parties Austria Belgium Bulgaria Czech Republic Denmark Estonia Finland France. Germany Hungary Iceland Ireland Italy Latvia Lithuania Luxembourg Netherland Norway. Poland Portugal Russia Slovak Republic Slovenia Spain Sweden Switzerland Turkey United. Kingdom and United States of America are members of GRECO. corruption Freelance or independent journalists were most exposed those who worked in. large media outlets or in large cities felt more protected The 16 October 2017 murder of. Maltese investigative journalist Daphne Caruana Galizia known for her uncompromising. investigations into corruption and organised crime in her small European country sent. international media reports 4 Six countries received recommenda tions for law enforcement authorities to routinely assess credible foreign bribery allegations that are reported in the media for overseas missions to monitor local media and report allegations to the appropriate authorities or to raise awareness

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