A Right to Media? Lorie M. Graham - Columbia Law School

2010] A RIGHT TO MEDIA? 473
culturally significant media focused on issues affecting indigenous
communities.
There are many examples of indigenous media throughout
the world. Whether in the form of print, audio-visual, or digital,
indigenous-run media is a growing industry. While it would not exist
without the creativity, advocacy, and tenacity of indigenous
communities, in some instances national governments and
international agencies have partnered with indigenous peoples in
order to facilitate and foster Indigenous media. This section will offer
several examples of existing responses to the lack of indigenous
voices in mainstream media, and will examine the challenges faced
by indigenous peoples and states in the creation and maintenance of
indigenous-run media. Additionally, this section will explore the
connection between the goals of a right to media for indigenous
peoples and the realities of what is being done at the domestic level.
Unique histories and varying cultural norms make it difficult
to speak of indigenous media as a monolithic industry. That being
said, it is possible to identify from the following case studies common
factors that impact successful implementation of a right to media for
indigenous peoples. These include the formal recognition of
indigenous peoples’ self-determining rights to develop and access
media; development of cultural and linguistic laws and initiatives to
support and strengthen media rights; development and improvement
of telecommunication infrastructure to promote access and
availability of media; development of public or state-run initiatives
that promote indigenous programming and provide technical
assistance and funding; and the existence of a dialogue on a code of
ethics with respect to non-indigenous media coverage of indigenous
communities. However, as the following examples also demonstrate,
a host of larger societal, economic, and geographical challenges
impact the development of indigenous media as well.
The following case studies are country- or region-specific
specific. Each begins with a description of domestic or regional
action, followed by a detailed analysis of how those actions promote
or undermine a right to media. Some of the case studies offer a more
comprehensive approach to media rights, such as in Australia and
New Zealand. Others are case specific, such as the efforts in Latin
America and parts of Africa.