The Role of the Media and Investigative Journalism in Combating Corruption
- Media reporting in general, and especially investigative journalism by affiliated or
independent journalists, or indeed non-governmental organisations (NGOs), are among
the most important sources of public awareness-raising on corruption. Media reporting is
an essential source of detection in corruption cases, either for law enforcement authorities
that investigate allegations contained in the press, or indeed for companies that decide to
conduct internal investigations or self-report, or anti-money laundering reporting entities
that make suspicious transaction reports, following queries from the media or published articles.
Between the entry into force of the OECD Anti-Bribery Convention in 1999 and 1 June 2017,
2% of foreign bribery schemes resulting in sanctions, amounting to a total of 6 schemes, were
initiated following media reports on the alleged corruption. In addition to helping to initiate
cases, media reporting may also assist with the evaluation of known matters for potential
investigation.
The fourth estate should be respected as a free eye investigating misconduct and a free voice
reporting it to citizens. While recent technologies such as digital currencies, blockchain
and data mining are providing criminals with new means to commit crimes, encrypted
communications provide sources with greater confidence to bring their concerns to the
attention of the media, without fear of surveillance or reprisals. Open data is allowing
investigative journalists access to an enormous amount of previously unattainable
information and transnational networks and consortiums of news professionals facilitate
investigations that were unimaginable ten years ago.
- The Panama Papers investigation, which was awarded the Pulitzer Prize for
Explanatory Reporting in April 2017, grew out of a five-year reporting push by the
International Consortium of Investigative Journalists (ICIJ) that dug into financial secrecy
havens and published figures for the top ten countries where intermediaries operate: Hong
Kong (China), United Kingdom, Switzerland, United States, Panama, Guatemala,
Luxembourg, Brazil, Ecuador and Uruguay. Similarly, in April 2016, after a six-month
investigation, two major media outlets reported on the Unaoil scandal, an alleged
transnational bribery scheme involving bribes paid on behalf of companies in countries
across the globe, including those from Parties to the OECD Anti-Bribery Convention.
More recently, the ICIJ’s Paradise Papers investigations have resulted in global reporting
on the use of offshore financial centres by more than 100 multinational companies to
conceal certain transactions. The ICIJ’s investigations have involved more than 380
journalists working on six continents in 30 languages highlighting the importance of
collaborative networks for investigative journalists working on complex cross-border
investigations.
Interaction between journalists and law enforcement authorities in practice
- In investigating corruption cases – whether in the context of criminal proceedings or
investigative journalism – law enforcement and the media have a common mission: to
expose and bring justice for abuses of power for private gain. Journalists considered a
poor relationship or communication with law enforcement authorities the third greatest
obstacle to investigating and reporting on corruption. 54% of respondents had contacted
law enforcement authorities with information on corruption. Those who reported to law
enforcement mainly did so in order to obtain more information in the case or because they
knew that information they had could be useful. The next most common reason for
reporting was because of a desire to see justice done, followed by concern at the
inactivity of law enforcement in the case.
How to detect foreign bribery reported in the media
- One of the easiest ways to monitor media reporting on corruption is to use internet
search engines and media alerts. It is important for law enforcement authorities to
monitor media in their own country as well as media in principal export or investment
destinations. The network of overseas embassies can be tasked with monitoring local
media in their respective countries of accreditation (in local languages), and translating
and reporting any credible foreign bribery allegations they come across. As mentioned
above, the OECD WGB has made several recommendations that law enforcement
authorities routinely and systematically assess credible foreign bribery allegations that are
reported in the media, and that Ministries of Foreign Affairs raise awareness among
diplomats of the need to search local media and report allegations to national law
enforcement authorities.
- The more challenging aspect of detection through media reporting is determining
whether the story is credible. The issue of “fake news” and the serious impact it can have
has recently come to the fore and law enforcement authorities should be alert to the
possibility of false or fabricated news stories. If a media report is corroborated across
various news outlets, in various countries, this can suggest authenticity. The same applies
to stories run by well-established news outlets and journalists with a strong reputation for
reliable reporting. Media may also report on a domestic case involving the bribe recipient,
which could, in turn, alert to the possibility that a bribe payer from one of the OECD
Anti-Bribery Convention countries may be liable for a foreign bribery offence in his/her
home jurisdiction.