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

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506 COLUMBIA HUMAN RIGHTS LAW REVIEW [41:429 advocate for social or economic change, they may not be able to significantly combat racial stereotypes promulgated by public or private entities or fight against discrimination, and they may not be able to respond to erroneous misinformation about who they are and what they value. These are only a few of the troubling implications of the lack of freedom of expression and right to information. Unfortunately, as discussed above, such are the obstacles faced by many indigenous peoples precisely because they have been denied a right to media. Media, as the most ubiquitous means of mass communication, is the conduit through which all peoples exercise the right to freedom of expression and right to information. Yet for decades, radio, television, print media, music and all of the many other forms of media have been dominated by non-indigenous voices to the exclusion of indigenous voices. Furthermore, media has been utilized by both state and private actors to promote assimilation of indigenous peoples with the resulting marginalization of indigenous communities. This historical legacy has resulted in structural and cultural barriers to media, which has in turn undermined other basic rights to education, culture, language, selfrepresentation, and non-discrimination. Thus the idea of media and rights extends well beyond the mere ability to view indigenous programming or to listen to indigenous news. The very linguistic and cultural distinctions which make up an indigenous people are threatened by the denial of their rights to expression and information, which in turn impacts their ability to transmit culture, participate in decision-making processes, and realize meaningful rights of self-governance. Moreover, discrimination against indigenous peoples in the media not only transmits erroneous information, but it circumscribes the public conversation regarding issues of importance to indigenous peoples and shapes the outcomes of very real life and death struggles for cultural and economic survival. From a larger societal standpoint, the recognition of a right to media under international law is a critical first step in the process of improving relations between indigenous peoples and other segments of society. By appropriately reflecting the diversity of indigenous cultures in the media, we can begin to reverse centuries of misinformation, discrimination, and marginalization. It is a means by which to give voice to indigenous communities and promote new voices in the process of public deliberation. Building on the words of Chief Justice Yazzie of the Navajo Supreme Court, this expanded discourse will in turn help us to better understand each
2010] A RIGHT TO MEDIA? 507 other, to know each other’s culture and history, and to see the value and dignity of each other’s societies. 317 317. See Driscoll, supra note 1.
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