Most Americans take freedom of the press for granted. After all, a free press is enshrined into our Constitution by the First Amendment and modern journalism was essentially invented in the United States. Americans are accustomed to having access to a wealth of news media.
Journalists have also played a massively important role in our society and even our pop culture. Reporters broke stories like Watergate and helped spur the #MeToo movement by exposing the misconduct of some of the most powerful Americans. Names like Woodward and Bernstein have been immortalized by Hollywood.
That complacency could cost us. Reporters Without Borders (RSF) is a global press freedom watchdog that ranks 180 countries according to their press freedom. As RSF’s spokesperson in America, I like to play a game any time I address a new group — I ask them to guess where America ranks on our World Press Freedom Index. Americans are shocked to learn we’re now as low as 55th.
How could the country of the First Amendment perform so poorly on press freedom? Several factors have led us here. Widespread layoffs and media closures have decimated our economic score. Violent attacks, arrests and harassment of media workers bring down our safety score. The failure to advance meaningful legislative reform has hurt our legal score. And the normalization of politicians demonizing both the media and individual members of the media ensures our low political and social scores. All of these elements conspire to produce our pitiful ranking.
The next president can and must do better.
To reverse the decline, RSF has made 10 common sense recommendations to the presidential campaigns of Kamala Harris and Donald Trump. Undertaking this program would undoubtedly strengthen freedom of the press and, as a result, American democracy:
1. Consistently position the United States as a global leader in press freedom and speak out against press freedom violations wherever they occur.
At least 573 journalists are behind bars today around the world. At least 309 have been killed in the past five years. Meanwhile, UNESCO estimates that the impunity rate for crimes against journalists is a staggering 86%. The United States’ outsized role in global affairs gives it a moral obligation to speak out against injustices.
2. Commit to freeing wrongly detained American journalists and securing justice for American journalists killed abroad.
The Biden Administration deserves credit for safely bringing Evan Gershkovich and Alsu Kurmasheva home in a historic prisoner swap with Russia. Now it needs to turn its focus to Austin Tice, who has been held for 12 years in Syria. The next administration must also find ways to increase the cost of states taking journalists hostage the way Russia did with Gershkovich and Kurmasheva.
3.Prioritize press freedom in American diplomacy at the bilateral and multilateral levels.
Too often, human rights like press freedom fall off the table in favor of national security or economic considerations. This is misguided. Only by linking concerns for press freedom to these other diplomatic exchanges can we raise their profile. That’s the best way to ensure authoritarian states take these issues seriously and refrain from abusing the press in their own country — or arresting American journalists. It’s also the best way to invest in the freedom of all people.
4. Lead by example through regular press briefings, fair and apolitical media accreditation processes and regular interviews with a variety of outlets.
Politicians from both sides have increasingly retreated from the press, favoring scripted appearances and more easily controlled communications via digital channels they themselves control. The next president should make it a point to embrace press access and transparency. Both campaigns have described the stakes of this election as nothing short of the future of our democracy. If they really mean that, they should have no problem leading by example by making a difficult decision to do what’s right for the good of our democracy, and not just when it’s politically convenient.
5. Treat journalists and members of the media with respect.
It should go without saying, but sadly, it no longer does. But it’s about more than harsh words. Citizens take cues from their leaders, and insults from the most powerful people in charge trickle down to increased hostility against journalists on the ground, making the job less safe.
6. Publicly reaffirm the right and necessity of journalists to do their jobs safely, including covering demonstrations and protests.
A record number of arrests of journalists occurred during Trump’s presidency, particularly in 2020 during the wave of Black Lives Matter protests. Troublingly, a similar pattern has replayed itself this year during the Biden administration with a swell of journalists arrested at protests, including in Chicago during the Democratic National Convention. The next administration’s Department of Justice should issue stronger guidance to local law enforcement on best practices to better distinguish members of the press from protesters and to prevent their unlawful arrest.
7. Commit to signing the PRESS Act.
The U.S. is one of the few developed democracies that lacks a federal law protecting the secrecy of journalist’s sources. The PRESS Act, which promises to fill that gap, has cleared the House unanimously, but for the second year in a row is languishing in the Senate. Senate leaders could pass this bill immediately if they wanted to, but if they don’t, the next president should champion it.
8. Champion regulation of artificial intelligence that protects the reliability of information.
AI has great potential to empower journalism, but also tremendous risk to the industry and to every citizen’s ability to access reliable information. Future regulation of AI must balance the need to innovate with protecting against the danger of AI-fueled misinformation annihilating the very concept of the truth online. These regulations need to place a premium on transparency and provenance of information.
9. Establish a U.S. Special Envoy for Press Freedom or a similar office.
A dedicated office to protecting press freedom would bring much needed focus for the next administration. With press freedom declining on the whole worldwide, the imperative has never been stronger to establish a Special Envoy.
10. Commit to reforming the Espionage Act to include a public interest defense.
The Espionage Act is an archaic and vaguely written law that grants overly broad powers to the government to prosecute whistleblowers. However, the U.S. government’s pursuit of Julian Assange, which ended in June with a plea agreement, opened a new, dangerous door to the prosecution of anyone for publishing government secrets, even journalists or media outlets like (insert news publication). Crucially, the Espionage Act lacks a public interest exception, meaning defendants can never argue in court that their public’s right to know outweighs the government’s claim of secrecy.
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