Freedom of Expression Litigation Surgery for Women Lawyers

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The Media Defence is calling for applications from lawyers to participate in a forthcoming litigation surgery on the right to freedom of expression aimed at women lawyers.

Participants will become active members of a press freedom legal network through which there will be opportunity for engagement regionally and internationally. All applicants are required to submit for discussion a current or potential case relating to freedom of expression. If applicants do not have a case, they may submit a relevant law, practice or policy relating to freedom of expression that they would like to challenge in court.

Objectives
  • Media Defence provides legal support to journalists, bloggers and independent media. In recent years, Media Defence has supported a significant number of cases involving online media. These have included criminal and civil defamation, challenging social media blocking and Internet shutdowns, contesting cybercrimes legislation, ‘false news’, as well as calling for greater protections for privacy and source protection. In this context, this litigation surgery will serve as an introduction to digital rights and relevant legal knowledge tailored to women lawyers in South and Southeast Asia.
  • Specifically, the objectives of the litigation surgery are:
    • To equip participants with skills and knowledge to litigate using national and international laws as well as international mechanisms relevant to freedom of expression;
    • To build a press freedom network and help facilitate its engagement with international legal mechanisms and global civil society initiatives;
    • To assist and develop working relationships amongst lawyers undertaking such cases;
    • To support and develop working relationships amongst women lawyers who take on cases relating to digital rights and freedom of expression online and to whom women journalists can more easily turn.
Themes

The following non-exhaustive list of themes are a guide for the type of cases that could be submitted with the application:

  • Defamation (criminal or civil);
  • Violence against journalists, including physical attacks and online violence;
  • Restriction of online or print media;
  • Online privacy; and
  • National security
Eligibility Criteria 
  • Participants will be selected on the following criteria:
    • The surgery is open to women lawyers who work and reside in the following countries: Bangladesh, Brunei, Cambodia, India, Indonesia, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, Sri Lanka, Thailand, Timor-Leste, and Vietnam;
    • Applicants can either be working in private practice or be working for or be affiliated with NGOs promoting the right to freedom of expression in Asia-Pacific through litigation. Exceptionally strong applications from lawyers who have not yet undertaken freedom of expression work, but have experience litigating other human rights cases and have a strong interest in undertaking freedom of expression cases will be considered as well.
    • A maximum of 12 participants will be selected;
    • Applicants must be proficient in English;
    • They must have a demonstrated interest in and/or knowledge of the right to freedom of expression and/or related issues;
    • The lawyers must have a demonstrated interest in and/or knowledge of international and regional human rights law;
    • With their application, applicants are requested to submit a case study of a case that they are litigating or intend to litigate and that could be discussed during the litigation surgery. The cases submitted must involve a violation of the fundamental right to freedom of expression. It will suffice for participants who do not have a case that is pending to have identified a relevant law, practice or policy relating to freedom of expression that they would like to challenge in court. However, such participants must demonstrate their ability and willingness to pursue the case after the surgery.

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