O'DONNELL, ROBERTSON & SANFILIPPO BARRISTERS & SOLICITORS MAMLODouNs:t —_SM.Rosexrion AA.SaNnurrO —_C.SrnmoroUL0s DM. Jost Jacu 8). Hocus F.C Canuso CLL Fosren KF-MeDensort-Bennynan 2a Ricsiono Sime East “Tonowro, Osraaio, MSCARP “Teernone (16 218-0606 Faesnate (16) 216 0605, STUART M. ROBERTSON. Dmccr Tat (1) 216-0252 Mai SRonmrson@ORStawcont October 6, 2016 By Email Transmission Only United Nations Framework Convention on Climate Change P.O. Box 260124 D-53153 Bonn, Germany ‘Dear Sirs/Mesdames: RE: Request for reconsideration of a denial of accreditation to representatives of Rebel News Network Ltd. ‘We are counsel for The Rebel, a news and opinion service delivered through the Internet by Rebel News Network Ltd. Our firm advises news outlets, Canada’s national news agency, the largest national and regional newspaper company in Canada, community newspapers, national broadcasters, magazines and book publishers as well as Internet service providers and major news platforms on the Internet. Our professional concems relate to the issues relating to news gathering, preparation of news items and the presentation thereof on the many and varied platforms now available The Rebel To date, The Rebel’s YouTube channel has 310,000 subscribers, 4,600 videos produced and 82 million views. Its website - www.TheRebel.media — has had 56 million page views, 29 million visits and 12 million different visitors from 235 different countries and territories. ‘The Rebel brings to the Canadian community an intelligent and informed approach to everyday issues with a conservative focus. It has a staff of 25 persons, of whom 21 are full-time Journalists. It also has under contract six regular contributors who provide a substantial portion of the content of the service. A member of the staff is accredited with the National Press Gallery at the Parliament of Canada. It regularly reports on various provincial legislatures in Canada. It identifies issues and events occurring that often go unreported by mainstream media. It isO'DONNELL, ROBERTSON & SANFILIPPO fearless in its approach to the presentation of topics and it has an active audience who routinely react with it on the issues raised by it. But at the same time, The Rebel is remarkably different from other Internet services that pump out info and opinions without due regard for the laws affecting publishing in Canada or in the careful and responsible approach to the reputations of persons in the news. The Rebel has an informed and carefully constructed editorial policy affecting all its reporters, producers and editors. All videos and other output on its service are subjected to editorial supervision that entails, where necessary or advisable, legal scrutiny and advice. Its editorial staff undergoes regular training in legal issues that touch on their work. Persons who are the subject of reports on The Rebel service are given an opportunity in advance to present their side of the matter. As a result of the care taken in its editorial process, there are no outstanding claims against The Rebel. It is as responsible in its approach to publishing news and opinions as any newspaper or broadcaster we advise. The Rebel is recognized by PEN Canada (see http://pencanada.ca/about/mission-vision- vyalues/) and other professional journalism organizations in Canada as a legitimate member of the media that should be as entitled as any other legitimate media to participate in reporting on matters of public interest — such as UN activities, legislatures and significant matters). Please see the letter in support of The Rebel sent herewith. ‘The Rebel is self-funded through subscriptions and advertising revenues. It is not supported by any external organization or person. It is the sole arbiter of what it publishes. It does not advocate for any political party, person, commercial interest or government. Accreditation to COP22/CMP12 ‘The United Nations (“UN”) is hosting the United Nations Framework Convention on Climate Change (“UNFCCC”) COP22/CMP!2 to be held at Marrakech, Morocco on November 7 to 18 (“Convention”) and has invited media to apply for accreditation at it. UNFCCC has stated publicly that only persons representing bona fide media organizations will be accredited. Who are “bona fide media organizations”? It has recognized traditional newspapers and broadcasters, but now it also recognizes “Online Media” which may include news outlets, blogs, viogs and others which in tum must meet the following requirements: C The website must belong to a recognized media organization and have a specific, verifiable street address and a telephone number. 1 The website must have at least 60% original news content or commentary or analysis, including coverage of intemational or UN. related issues. (© Media representatives are required to submit two by-lined articles within the past month that were posted on the website. © The website must be updated at a minimum of three times a week.(O'DONNELL, ROBERTSON & SANFILIPFO -3- tannistens & souicitons The Rebel has a specific, verifiable street address and a telephone number. Its website has at least 90% original news content or commentary or analysis, including coverage of intemational or U.N. related issues and it is updated at a minimum of six times a week. It fits squarely within the UNFCCC’s definition of “online media”. ‘Three members of the staff of The Rebel have applied for accreditation at the Convention, Meaghan MacSween applied on September 1, 2016 - she has been denied “as advocacy media outlets do not qualify for accreditation” Sheila Gunn Reid applied on September 2, 2016 - she has been denied “as advocacy media outlets do not quality for accreditation” Alex Jones (photographer) applied on September 2, 2016 and has still not been informed as to his accreditation. ‘These denials have been a surprise to The Rebel as there has been no discernible warning that the UNFCCC was not granting accreditation to “advocacy media outlets", nor has the UNFCCC defined that phrase. If it had known there was even an issue conceming “advocacy media outlets”, The Rebel would have made it clear in its applications for accreditation for Meaghan MacSween, Sheila Gunn Reid and Alex Jones that itis not such an outlet. The UNFCCC has not given a definition of “advocacy media outlet”, nor has it given its reasons as to why it considers The Rebel to be such an entity. In the interests of fairness, we ask that such definition and reasons be given to The Rebel so that it might address such concems and evident misunderstandings of what it is and how it does its business of informing Canadians and others on the matters it presents. ‘The most obvious concern and public perception is that The Rebel is being tagged with an arbitrary label and denied accreditation for the simple reason that its often publishes views by its representatives or invited guests on the subject of climate change that may differ substantially from those of others. However, the United Nations is the last body in the world that should be denying people access to differing views on matters of public interest and concern. Article 19 of its Universal Declaration of Human Rights (1948) states as follows — Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The denial of accreditation to representatives of The Rebel fundamentally denies not only The Rebel from allowing facts and opinions on the subject of climate change to be expressed, but it also denies the opportunity of Canadians and others to receive those views through the media.O'DONNELL, ROBERTSON ‘& SANFILIPPO Conclusion We ask that the UNFCCC reconsider its denial of accreditation to the representatives of ‘The Rebel because it is a bona fide news organization and publishes opinions and it is recognized as “on line media” by the definition given by UNFCCC. In the alternative, The Rebel wants you to record that it objects to the denial of accreditation to its representatives to the Conference. In addition, it seeks an opportunity to be informed as to — () the definition of “advocacy media outlet” referred to by UNFCCC in its denial rulings, (ii the reasons, if any, used by UNFCCC to fit The Rebel into that definition, and ithe contact information of the person responsible for such determinations so that The Rebel might converse with that person to bring some light on the issue the UNFCCC has raised. We would be pleased to answer any questions arising from this request and we look forward to a timely reply, Because the deadline for accepting applications for accreditation is October 17, we ask that this matter be dealt with immediately. Yours very truly, O'DONNELL, ROBERTSON & SANFILIPPO Sal fal» Sl Stuart M. Robertson SMR/