During this month’s World Press Freedom Day events, much of the world’s attention rightly focused on the escalating threats against journalists worldwide. From the rise of artificial intelligence and digital surveillance to mounting physical and legal threats, independent media is increasingly under siege. Yet as ‘lawfare’ against journalists intensifies and grows more complex, it’s crucial to spotlight another essential defender of press freedom: the lawyers who defend journalists under attack.
“Defender the Defenders: Legal Threats Against Lawyers Protecting Journalists,” a study conducted by the American Bar Association’s Center for Human Rights, Media Defence, and the Thomson Reuters Foundation highlights a chilling reality—that lawyers representing journalists are themselves increasingly being targeted.
Drawing mostly from publicly available information, our research identified 36 individual cases of lawyers from 10 countries targeted for defending media freedom in the past decade, with most of the harassment happening in the last five years. This is likely just the tip of the iceberg, as many more cases are probably never publicly reported. The study further identified 258 cases of lawyers targeted for representing human rights defenders or opposition politicians. Since lawyers who represent human rights defenders also often represent journalists, these cases shed additional light on the nature of threats against lawyers.
Key Threats Facing Media Lawyers
The tactics are as varied as they are disturbing:
Threat 1: Criminalization and Legal Harassment – Some lawyers face intimidation through criminal charges, often accused of terrorism, corruption, financial crimes or even disseminating "false news". These charges often carry the threat of arrest, detention, fines, and the suspension of a law license, along with damage to a lawyer’s reputation. Moreover, these lawsuits are also frequently riddled with due process violations, such as arbitrary detention and extended pre-trial detention.
Threat Two: Obstruction of Legal Representation – Others face interference in their ability to represent clients, from being denied access to case files to not being allowed confidential meetings with detained clients. Lawyers have also been disqualified from individual cases on flimsy bases – a tactic seemingly designed to deny journalists quality representation. In other instances, spyware was deployed to access privileged communications.
Threat Three: Professional Sanctions – Lawyers also face professional penalties that impact their ability to practice their profession: disbarment, license suspensions, the misuse of disciplinary rules by politicized bar associations, or rewriting bar association ethical rules to restrict lawyers’ speech. These measures not only deprive lawyers of their livelihoods but also strip journalists of competent legal defense when they need it the most.
Threat Four: Violence and Intimidation – Perhaps most disturbing are the threats of violence, physical attacks, and assassination attempts, which can force lawyers into exile or to cease representing journalists.
These threats rarely occur in isolation. They often unfold as part of a deliberate escalation strategy aimed at dismantling a lawyer’s ability to defend an individual client, isolating the lawyer from broader support, and then disabling a lawyer from practicing their profession altogether. Authorities are increasingly employing a mix of these threats to systematically deny journalists competent representation. This layered approach not only cripples individual defenses but sends a chilling message to the legal community: if you defend the free press, you become a target yourself.
Examples
Take, for instance, the attacks weathered by the lawyers representing José Rubén Zamora Marroquín, the imprisoned award-winning Guatemalan journalist and founder of the now-shuttered newspaper elPeriódico. Throughout the proceedings against him on fabricated financial charges, which ABA CHR monitored through the TrialWatch initiative, at least nine different attorneys took up his defense: Four of his lawyers were arrested, detained, charged with “conspiracy to obstruct justice” and then pressured into accepting the charges against them (Threat One). A fifth lawyer reported receiving threats (Threat Four), and the bar association also faced pressure by the Attorney General’s office to revoke his law license (Threat Three). He eventually left the country. Another was threatened with a disciplinary procedure (Threat Three). Additionally, nearly all the lawyers faced difficulty accessing critical evidence and documents in a timely manner (Threat Three). Repeatedly forcing lawyers off his case was a calculated strategy to isolate Zamora and hamper his ability to prepare a defense.
Or consider the case of Veysal Ok, a prominent media freedom lawyer in Turkey and co-founder of the Media and Law Studies Association, which represents journalists and human rights activists. After questioning the independence of the Turkish judiciary in a 2015 interview, Ok became the target of a criminal complaint filed by the office of President Erdogan for “publicly insulting the judicial bodies of the state” (Threat One). Notably, the indictment was only filed eight months later, and only after Ok began representing journalists prosecuted in the wake of the 2016 attempted coup. Ok was ultimately convicted and sentenced to five months in prison.
The threats Ok faced are part of a broader campaign against the legal profession in Turkey. In March 2025, the elected leadership of the Istanbul Bar Association was removed by a court order in a move that seriously undermines the independence of the legal profession. The former bar leadership now faces criminal charges that could result in lengthy prison sentences.
International Standards Protecting Lawyers
These types of attacks directly contravene the UN Basic Principles on the Role of Lawyers, which affirm that lawyers must be able to perform their duties without intimidation, hindrance, harassment, or improper interference (Principle 16). Additionally, lawyers should not suffer or be threatened with sanctions when practicing their profession in accordance with ethical standards. The Principles also emphasize the right of lawyers to access relevant files and to communicate confidentially with their clients (Principles 21, 22).
At the same time, lawyers are required to uphold professional standards and ethics (Principles 12-15). The UN Basic Principles recognize that a strong and independent legal profession is vital for the protection of human rights and fundamental freedoms. Violations of these standards result in an overall erosion of the rule of law and access to justice.
Recommendations
More should be done to protect lawyers who defend media freedom. Bar associations, in particular, play a critical role in safeguarding their members against attacks. They should actively monitor threats, publicly denounce attacks or harassment, and consider organizing strategic public advocacy campaigns. At the same time, bar associations must remain vigilant against political co-optation and ensure that disciplinary rules and procedures are not misused as a means of retaliating against lawyers.
Governments and policymakers should consider adopting legal frameworks to guarantee the independence of the legal profession and bar associations in line with international standards. The Council of Europe recently took a significant step in adopting the European Convention for the Protection of the Profession of Lawyer, which explicitly acknowledges the rising number of attacks against lawyers as well as the crucial role lawyers play in upholding the rule of law. Other jurisdictions—both regional and national—should consider adopting similar measures. Governments should also review and amend laws that are weaponized against the media and their lawyers, such as vague anti-terror or “false news” provisions.
The international community should continue monitoring, documenting, and publicizing cases of harassment or violence against lawyers defending journalists. It must call out governments when the independence of the legal profession is threatened and continue to support independent bar associations.
Similar to how journalists can access legal support through networks and legal defense mechanisms such as LNJAR and Reporters Shield, lawyers facing threats also need access to rapid response legal aid. For example, ABA CHR’s Justice Defenders program has provided timely legal assistance to lawyers and other at-risk human rights defenders since 2011; now more than ever, there is a critical need for legal defense funds focused on lawyers at risk.
As journalists continue to expose the truth under increasingly challenging circumstances, their lawyers are also facing the same attacks. To defend press freedom, the international community must stand behind the defenders as well.
The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or Section unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.