• The MCM joined a working group of redrafting the Law of Mongolia on Press Freedom by a decree of MOJHA on December 19, 2018. Thus, the MCM participated in a discussion themed “Legal guarantee of Media Freedom” organized by Journalists' Association of Ulaanbaatar on May 15, 2019. By participating in the discussion, the MCM obtained first information about the necessity to redraft the Law of Mongolia on Press Freedom. P.Sainzorig, Head of Legal Policy Department at MOJHA, presented an idea about forming one organization which legally accepted in the media sector, and media independence and ethical responsibility will be strengthened through that organization. But his idea faced objections from journalists and media organizations. Participants considered that media ethics issues should be regulated by self-regulatory instead of legislation.

• Since then, after around four months, MOJHA sent the first version of a redrafted law on Press Freedom to the working group members on October 19, 2019. The MCM's Governing Board had worked on the first, second, and third draft until March 3, 2020, and actively participated in related meetings, expressed our stances. The MCM views that state support without any conditions within the concept of affirming the media self-regulation system and ensuring the public's rights to know is an exemplary model in democratic countries. The previously mentioned condition can be practiced fully when media self-regulatory performs independently according to its own "rules." The MCM’s independency stays in its rules, regulations, structure, re-elections, Committees decisions within the framework of its own rules.

• But an initiating party for redrafting the law of Mongolia on Press Freedom did not receive our principles mentioned above and values about media self-regulation creatively and ignored the last five year's results, which evolved based on international experience. Also, the MCM’s Governing Body considers their stance on re-forming a media self-regulatory with state participation is not acceptable. Therefore, MCM's Governing body suggested leaving the working group.

• The MCM’s Governing body submitted its recommendation to form a working group next to State Great Khural (Parliament) including media lawyers, experts, researchers and professionals for redrafting the law which is significantly important for ensuring media freedom in Mongolia and citizens’ right to express and right to know, and strengthening democracy to MOJHA on February 21, 2020.

STATEMENT

It has been a year since a working group, led by MOJHA, formed to redraft the Law of Mongolia on Press Freedom, which enacted in 1998. Journalists have no other specific information other than that. But, from this week (last week of February 2020), a Confederation of Mongolian Journalists (CMJ) has started organizing meetings to take the media sector's suggestions for redrafting the law.
 
Several media sector NGOs took part in the working group of redrafting law. For instance, the Globe International Center (GIC) and Media Council of Mongolia (MCM) joined the working group. GIC has been working for protecting journalists’ rights and freedom of expression for many years. MCM works as a media self-regulatory institute to form journalists’ professional ethics.
 
MCM decided to leave the working group; however, MCM has been taking part in the working group since December 2018. MCM's Governing Body decided to leave the working group due to the following reasons from its meeting last week:  We cannot accept a stance to re-establish a media council with the participation of the government. Also, our recommendations expressing the principles and nature of media self-regulation were not accepted creatively. They ignored our last five year's performances as a media council, which established with the participation of media owners, journalists, and citizens based on international best experiences.
 
MCM’s Governing Body considered that “Voluntary media self-regulation is an effective mechanism for solving breaches, also accepted in democratic countries and an internationally tested solution. This mechanism offers possibilities to correct their mistakes or ask apologies from the public instead of measurements that harm or pressure the existence of the media. Self-regulation brings the media under citizens' control from state control and ensures Mongolians' right to respond to the media actions. Also, it is a democratic principle to protect one's interests and respects human rights. But a chapter named “Media self-regulation” in the redrafted law of Press Freedom denies the nature of media self-regulation. Under the "self-regulation" term, they tried to put all Mongolian media under the state control and solve professional journalism ethics with the participation of government. MCM thinks that it will sully Mongolian reputation at international level and lower Mongolian media freedom index.”
 
Press Freedom law is significant for confirming media freedom in Mongolia, ensuring citizens' freedom of expression and a right to know, and strengthening democracy. But redrafting the law with the idea mentioned above of putting media under the state control will bring irrecoverable loss for the development of the independent and free press, which is a vital democratic social value. Therefore, we delivered our recommendation to form a working group, including a wide range of experts from media lawyers, analysts, researchers, or professionals, next to State Great Khural (Parliament) to MOJHA.
 
The working group included Ministry of Justice and Home Affairs, Communications Regulatory Commission of Mongolia, National Police Agency, General Authority for State Registration, School of Law, National University of Mongolia, MONTSAME Agency, Globe International Center, Media Council of Mongolia, Confederation of Mongolian Journalists, and Ulaanbaatar city’s Journalists’ Union. Apart from MCM, GIC has also requested to drop out of the working group.