9TH RMLNLU – SCC ONLINE MOOT COURT COMPETITION, 2021

9TH RMLNLU – SCC ONLINE INTERNATIONAL MEDIA LAW

MOOT COURT COMPETITION, 2021

Before

The International Court of Justice

The Hague, The Netherlands

In the Matter of

The State of Histanbul Applicant

The State of Alsara Respondent

Memorial on behalf of Applicant

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TABLE OF CONTENTS

LIST OF ABBREVIATIONS................................................................................................................................i
LIST OF AUTHORITIES..................................................................................................................................ii
Cases..................................................................................................................................................ii
Statutes..............................................................................................................................................ii
Books.................................................................................................................................................ii
Online Database................................................................................................................................ii
STATEMENT OF JURISDICTION......................................................................................................................iii
STATEMENTS OF FACT................................................................................................................................iv
ISSUES RAISED..........................................................................................................................................ix
Issue 2...............................................................................................................................................ix
SUMMARY OF ARGUMENTS..........................................................................................................................x
ARGUMENTS ADVANCED.............................................................................................................................1
CONTENTION II..................................................................................................................................1
THAT ALSARA IS RESPONSIBLE FOR VIOLATION OF FREEDOM OF SPEECH AND EXPRESSION OF MS. PANTH, A CITIZEN
OF HISTANBUL.......................................................................................................................................1

PRAYER....................................................................................................................................................xi

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LIST OF ABBREVIATIONS

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LIST OF AUTHORITIES

Cases

Statutes

Books

Online Database

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STATEMENT OF JURISDICTION

The State of Histanbul and the State of Alsara appeared before the International Court of
Justice in accordance with Article 40(1) of the Statute of ICJ1.

The Court has jurisdiction over the dispute pursuant to Article 36(1) 2 of the Statute, as both
parties have agreed that this Court will adjudicate the dispute under its jurisdiction.

Article 36(1):
The jurisdiction of the Court comprises all cases which the parties refer to it and all matters
specially provided for in the Charter of the United Nations or in treaties and conventions in
force.
Article 40(1):
Cases are brought before the Court, as the case may be, either by the notification of the
special agreement or by a written application addressed to the Registrar. In either case the
subject of the dispute and the parties shall be indicated.

1
Statute of the International Court of Justice, 33 U.N.T.S 993, Art. 40(1) (b), (1945).
2
Statute of the International Court of Justice, 33 U.N.T.S 993, Art. 36(1) (b), (1945).

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STATEMENTS OF FACT

Histanbul is the largest and the oldest democracy in the world. It is situated in the continent
of Panlaysia which has had a long history of autocratic regimes. Histanbul and its
neighboring country Vangal have democratic governments. Over the last decade, the relations
of Histanbul and Vangal have not been cordial with other countries of Panlaysia. This is
specifically because these two democratic nations have been vocal critics of the authoritarian
regimes and the human rights violations occurring in other countries. However, this has not
affected the diplomatic ties or trade relations among countries of Panlaysia.
Histanbul is a strong believer of independent media and freedom of expression is considered
a non- negotiable liberty in its legal framework. The Histanbulian media has a global
presence and its leading television network ‘Freedom News’ has been at the forefront of
several national and international exposé. It has recently drawn the ire of Alsara, another
country in Panlaysia for highlighting the human rights violations committed by the Alsarian
government on ‘Siman’ community, an ethnic minority in Alsara as well as Histanbul. Alsara
is another developed nation in Panlaysia having a Parliamentarian Democracy. Alsarian
People’s Congress (APC) has been in power in Alsara for the last 30 years. APC enjoys
majority in both the upper house as well as the lower house of the Parliament of Alsara.
Simans are well represented in Histanbul government and are considered a powerful
community. It is believed that the Simans in Histanbul have been extremely critical of the
incumbent Alsarian government and have been actively involved in creating pressure groups
through the use of media and otherwise to expose the human rights violations in Alsara.
4. ‘Jumbo’ is a popular online social media and social networking service that allows
individuals to connect with friends and share news, opinions and images. It has become so
popular that more that 40 percent of the world population is said to be a part of it. ‘Jumbo’ is
based in Histanbul and its co-founders are Zafran and Panth, citizens of Vangal and Histanbul
respectively. The server of ‘Jumbo’ is also located on the riverine border of Histanbul and
Vangal, such that it lies partly in Histanbul and partly in Vangal. Several government
companies of Histanbul are shareholders of ‘Jumbo’, such that the total shareholding of the
different government companies in ‘Jumbo’ amounts to 45 percent.
5. In order to increase its membership, ‘Jumbo’ has come up with a referral scheme, wherein
the account of its members is credited with 5 anaa for every referral made and 10 anaa if the
person referred joins the platform. This credit can be used to shop at certain online retail

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platforms. The referral process includes filing up of a survey where some personal
information is sought. It is not necessary to be a part of the referral scheme to join ‘Jumbo’
and an individual may opt not to be a part of this scheme.
6. This referral scheme helped ‘Jumbo’ grow its membership, and the continent of Panlaysia
saw a steep rise in ‘Jumbo’ usage. Jumbo’s growing user base has made it a go-to platform
for public figures to connect with masses. Almost every public figure in all walks of life is a
part of this platform and uses it to communicate with the people. ‘Jumbo’ also verifies the
account of such public figures to ensure that fake profiles of such people are not created.
Such verified accounts are distinguished by a green star sign.
7. ‘Jumbo’ has recently seen a rise in membership in Alsara. It rising popularity in Alsara is
also attributed by many to the several programmes funded by ‘Jumbo’ for achieving ‘digital
equality’ in Alsara. One of its initiatives ‘Connect’ provides internet access at low rates in far
flung areas of Alsara. This initiative is being run in collaboration with ‘Pride’, an Alsarian
telecom company.
8. The Alsarian Simans have been vociferously voicing their discontent with the incumbent
government for its discriminatory attitude. A law was passed on April 14, 2020 in Alsara that
required all residents of Alsara to enroll in a National Register (NR). It was proposed that
over a period of time, the National Register Identity Number (NRIN) would be linked to all
social welfare schemes. This law required residents of Alsara to prove that they or their
ancestors have been residents of Alsara since January 1, 1961. It was believed that this law
specifically targeted minority communities in Alsara, because a large percentage of minority
community had immigrated to Alsara from the neighboring countries in search of job and
livelihood. This law was also criticized because it was believed that the cut-off date of
January 1, 1961, would deprive many immigrants who formed the minority group in Alsara
from social benefits and perhaps citizenship. Many members of ‘Krashans’, an ethnic group
which forms approximately 40 percent of Alsarian population, have been critical of the
lenient immigration rules of Alsara. ‘Krashans Unified Front (KUF)’, an Alsarian
organization, has been making legal and policy interventions for years to bring about a
stricter immigration law in Alsara. KUF publicly supported NRIN and hailed it as a landmark
decision that would change the political landscape of Alsara. The conflict between the
supporters and critics of NRIN intensified to such an extent that the entire Alsara was
embroiled in protests. In July, 2020, Alsara witnessed unprecedented civil society movement
against NRIN in the form of peaceful protests, candle marches and sit-in protests. The
internal strife boiled over on social media platforms, including ‘Jumbo’. ‘Jumbo’ was

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accused by KUF of being biased towards the critics of NRIN as many accounts of KUF
members were suspended for engaging in abusive and hate speech. On August 12, 2020,
‘Jumbo’ defended this accusation by releasing the following public statement:
“We, as an organization, are extremely committed to upholding free speech and are
committed towards ensuring diversity and plurality. The suspension of accounts of members
of ‘Jumbo’ is strictly in compliance with the terms and conditions of ‘Jumbo’ membership as
well as the international standards on free speech.”
A political party ‘Alsaran Independent Coalition’(AIC) has been at the forefront of these
protests. The leader of this party ‘Sasha’ has been the most vocal critic of NRIN and other
policies of APC. She has also been critical of APC for destroying democratic institutions in
Alsara. AIC’s slogan is ‘Transparency and Accountability’. As an indication of its
commitment to democratic values, AIC has published the source of its funding on its website.
Every contributor’s name is displayed public unless the contribution is anonymous. ‘Pride’,
the telecom company of Alsara, is one of the major contributors to AIC, according to the
information on its website.
10. Elections were due in Alsara and voting was to begin from February 14, 2021. The
election was to be held in four phases, concluding with the declaration of result on March 14,
2021. The preliminary survey conducted by some news channels showed that APC may
return to power again. However, it was also predicted that AIC would pose strong challenge
to APC in the forthcoming elections. The growing support to AIC was imputed to the
successful movement launched against National Register.
11. In the midst of this strife and on-going elections, Panth, the co-founder of ‘Jumbo’,
visited Alsara on February 10, 2020 to promote Jumbo’s digital initiatives, especially project
‘Connect’ and its referral scheme. On February 12, 2020, just two days before the
commencement of voting, Rayan, a member of AIC published a statement on his account on
‘Jumbo’, alleging that the Prime Minister of Alsara was guilty of corruption and had
misappropriated public funds to the tune of 10,000,000 anaa. This statement was picked up
by newspapers and other media platforms across the globe presumably causing severe
damage to the electoral prospects of APC. The very next day Panth and Rayan were arrested
by the Alsarian government under Section 190 of Alsara Criminal Law Code, 1910 (ACLC)
which made defamation, a criminal offence. The maximum penalty for defamation under
ACLC is ten years of rigorous imprisonment. The Consulate of Histanbul in Alsara was
denied the permission to meet Ms. Panth on February 13, 2020, who was held in judicial
custody after the arrest.

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12. A huge public outcry occurred against this arrest. However, ignoring such outcry, the
government of Alsara constituted an investigation committee to inquire into the operation of
‘Jumbo’ in Alsara on February 13, 2020. The Investigation Committee was also mandated to
inquire whether ‘Jumbo’ complied with the privacy laws of Alsara and whether the data
collected by ‘Jumbo’ through its various initiatives was secure or not.
13. The Investigation Committee released its report on February 20, 2020. According to the
report ‘Jumbo’ had been involved in using the data of Alsarian citizens to create
psychographic profiles of its users. This profile according to the report was used to target
Alsarian citizens with negative opinions about APC. It was also found that based on their
search history, Alsarians were also shown information about ‘Protest against NR’ events. It
was stated in the report that there is enough evidence to presume that data was being shared
by ‘Jumbo’ with opposition parties in Alsara to help them target voters and this is one of the
main reasons for the growing popularity of AIC.
14. Histanbul was extremely upset with the arrest of Panth. The Ministry of External Affairs
of Histanbul released the following statement on February 21, 2020:

“The arrest of Ms. Panth, a citizen of Histanbul, is a serious affront on the freedom of
expression. Any allegation of any wrongful conduct by Ms. Panth, needs to be investigated in
a fair and neutral manner. The action of the Government of Alsara is in violation of
International Law. The Government of Histanbul calls upon the Government of Alsara to
immediately hand over the custody of Ms. Ms. Panth to Histanbul where she will be tried for
any alleged offences.”
15. Alsara’s response to this statement was:
“The Government of Alsara is well within its right to arrest and try Ms. Panth for the offences
committed by her. Histanbul has interfered with the political independence of Alsara by
trying to manipulate our democratic election process through its agent ‘Jumbo’ for which it
should issue a publc apology to the Government of Alsara and should immediately cease any
further activities that may impinge upon Alsara’s sovereignty.”
16. Concerned with the aggravating situation, Histanbul and Alsara initiated several
diplomatic negotiations to settle their disputes. However, all such efforts failed and as a
result, the Parties agreed to submit the matters of dispute to the International Court of Justice
under the Special Agreement.
17. Histanbul and Alsara have, at all relevant times, been parties to the Charter of the United
Nations, the Statute of the International Court of Justice, the International Covenant on Civil

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and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention Relating to the Status of Refugees, the Vienna Convention on Diplomatic
Relations, the Vienna Convention on Consular Relations, and the Vienna Convention on the
Law of Treaties.

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ISSUES RAISED

Issue 2

Whether Alsara is responsible for violation of freedom of speech and expression of Ms.
Panth, a citizen of Histanbul?

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SUMMARY OF ARGUMENTS

CONTENTION II
That Alsara is responsible for violation of freedom of speech and
expression of Ms. Panth, a citizen of Histanbul.

It is humbly submitted before the Hon’ble Court that it is a basic human right, provided under
Article 19 of the Universal Declaration of Human Rights3 which allows a person, freedom to
hold opinion without interference and to impart information and ideas through any media.

3
Article 19 of the Universal Declaration of Human Rights.

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ARGUMENTS ADVANCED

CONTENTION II

THAT ALSARA IS RESPONSIBLE FOR VIOLATION OF FREEDOM OF SPEECH

AND EXPRESSION OF MS. PANTH, A CITIZEN OF HISTANBUL.

It is humbly submitted that, the comments made by Ms. Panth was are covered under
freedom of speech and expression provided under Article 19 of the Universal Declaration of
Human Rights, which reads as “Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers.” The article
allows a person, freedom to hold opinion without interference and to impart information and
ideas through any media.

The UDHR is not directly binding on States but parts of it, including Article 19, are widely
regarded as having acquired legal force as customary international law since its adoption in
1948.4

In the present case Mr. Rayan, a member of AIC published a statement on his account on
‘Jumbo’, an online social media and social networking service, regarding a member of
political party APC. The scope of this article protects freedom of expression through any
media.

In the case of Sunday times v. United Kingdom the European Court of Human Rights  held
that   the right to freedom of expression guarantees not only the freedom of the press to
inform the public but also the right of the public to be properly informed.

The African Commission on Human and People's Rights has held in the case of U.N. Human
Rights Committee, Constitutional Rights Project and Media Rights Agenda v. Nigeria,5 that
Freedom of expression is a basic human right, vital to an individual's personal development,
his political consciousness, and participation in the conduct of public affairs in his country.

4
Filartiga v. Pena-Irala, 630 F. 2d 876 (2d Cir. 1980).
5
U.N. Human Rights Committee, Constitutional Rights Project and Media Rights
Agenda v. Nigeria, Comm. No. 140/94, 141/94, 145/95 (31 October 1998).
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A free, uncensored and unhindered press or other media is essential in any society to ensure
freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes
one of the cornerstones of a democratic society. 6 The Statement issued on Jumbo, a social
media platform does not make it liable for defamation in any manner as it is a mere
utilization freedom of expression by media and is covered under basic human right. The right
to freedom of speech and expression also covers within its ambit, the right to criticize 7 and
the statement issued also covered under the ambit of freedom of expression of media.

The statement was issued in interest of public and was issued by r . Ms. Panth can not be held
liable for the offence of defamation under Section 190 of the Alsara Criminal Law Code,
1910. The action is covered under exception 2 of the code. The law of Histanbul also cover
public good as a defence for the offence of defamation.

6
Marques v. Angola
7
Kedar Nath v. State of Bihar, A.I.R. 1962 S.C. 955 (India); Holomisa v. Argus Newspapers
Ltd. 1996 (2) SA 588 (W) at 609 (S.Afr.)
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PRAYER

In the

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