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

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2010] A RIGHT TO MEDIA? 493<br />

relevant <strong>to</strong> the <strong>to</strong>pic at hand was the recommendation that media<br />

organizations “encourage the recruitment and advancement of<br />

Aboriginal and non-Englishspeaking journalists within the industry”<br />

and train non-indigenous journalists <strong>to</strong> be more culturally sensitive<br />

in their reporting. 254<br />

Australia has taken a number of important steps <strong>to</strong> meet its<br />

duties under Article 16 of the UNDRIP <strong>to</strong> promote a right <strong>to</strong> media.<br />

These steps include promoting indigenous run media 255 and<br />

encouraging national efforts, through its public broadcasting<br />

corporation, <strong>to</strong> develop appropriate guidelines in the coverage of<br />

indigenous communities by non–indigenous media. 256 Moreover,<br />

infrastructure projects such as NITV have the potential <strong>to</strong> reach<br />

larger audiences, both indigenous and non-indigenous. 257 Yet, as is<br />

true for many countries with large indigenous populations, Australia<br />

must assume the larger task of promoting <strong>to</strong>lerance and<br />

understanding between indigenous and non-indigenous communities.<br />

4. Maori <strong>Media</strong><br />

The indigenous peoples of New Zealand, the Maori, have for<br />

centuries asserted their rights <strong>to</strong> self-determination through media.<br />

As certain scholars note:<br />

Maori have a his<strong>to</strong>ry of using media <strong>to</strong> preserve cultural<br />

practices and <strong>to</strong> organise resistance <strong>to</strong> colonisation . . . .<br />

Maori quickly realized the need for media production,<br />

developing the first Maori language newspaper in 1842 and<br />

production radio broadcast from 1942. These developments<br />

enabled Maori <strong>to</strong> engage in deliberations regarding<br />

indigenous rights and represent a community-based<br />

tradition of media production . . . . 258<br />

These important linkages were recently affirmed by the<br />

Waitangi Tribunal, an inquiry commission charged with the task of<br />

investigating actions of the Crown dating back <strong>to</strong> the 1840s. 259<br />

254. Id. paras. 59–62.<br />

255. See supra notes 227–238 and accompanying text.<br />

256. See supra note 239 and accompanying text.<br />

257. See supra note 242 and accompanying text.<br />

258. Hodgetts et al., supra note 2, at 193.<br />

259. See Waitangi Tribunal, Report of the Waitangi Tribunal on the Te Reo<br />

Maori Claim, para. 7.2.3 (1989) (“We are quite clear in our view that Article II of<br />

the [Waitangi] Treaty guarantees protection <strong>to</strong> the Maori language as we have<br />

said, and we are also quite clear in our view that the predominance of English in<br />

the media has had an adverse effect upon it.”); Laura Beacroft, The Treaty of

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