The Icelandic parliament has voted unanimously to create what are intended to be the strongest media freedom laws in the world. And Iceland intends these measures to have international impact, by creating a safe haven for publishers worldwide — and their servers. The proposal, known as the Icelandic Modern Media Initiative, requires changes to Icelandic law to strengthen journalistic source protection, freedom of speech, and government transparency.
Wikileaks says that it routes all submissions through Sweden, where investigations into the identity of an anonymous source are illegal. Wikileaks was heavily involved in drafting and promoting the Icelandic package, and whatever your opinion of their current controversies, they’ve proven remarkably immune to legal prosecution in their short history. Conceivably, other journalism organizations could gain some measure of legal protection for anonymous sources if all communications were routed through Iceland.
All of which is to say that issues of press censorship have long since passed the point of globalization. When an aggrieved party in country A can sue a publisher in country B through the courts of country C (as in these examples), press freedom must be understood — and fought for — at an international level.
But it will be some time before the full repercussions of Iceland’s move are felt. For a start, the new laws are not yet written. And then it may be further years before we understand, from case law, exactly what an “offshore freedom of expression haven” means to journalists worldwide.
Read more at The Nieman Foundation for Journalism at Harvard.