Serbia: Wave of lawsuits against investigative portal KRIK chills…

Serbia: Wave of lawsuits against investigative portal KRIK chills media freedom

We, the undersigned partners of the Media Freedom Rapid Response (MFRR), express our concerns over the recent wave of vexatious lawsuits against the investigative portal Network for Investigation of Crime and Corruption (KRIK) in Serbia. We believe that these lawsuits are a form of strategic lawsuit against public participation (SLAPPs) that aim to stifle scrutiny and critical issues of public importance and demand urgent action from the Government and judiciary to impartially and swiftly address the growing phenomenon of SLAPPs in the country.

In recent months, KRIK’s newsroom has been targeted by ten different procedures filed, in most cases, by people in power or businesspeople close to the government, requesting a total of 90 million dinars in damages – three times more than the media outlet’s annual budget. These include seven lawsuits under the Media Law for reputational or financial damages and one lawsuit before the Commercial Court of Serbia for unfair competition and reputation damage. Additionally, one criminal complaint was filed under the Criminal Code for illegal use of data (which would bring prison sentence for journalists), and one misdemeanour procedure was started for failure from KRIK to pay an environmental tax within a set deadline.

We believe that these cases are a form of SLAPPs, which are initiated not necessarily to win cases, but to drag KRIK through lengthy legal processes and ultimately prevent them from exercising the fundamental right to freedom of expression and press and media freedom. These lawsuits’ ultimate goal is to silence critical reporting and distract them from their core journalistic work of exposing corruption and probing the nexus between politics and organised crime as well as to drain KRIK financially and psychologically.

We are also concerned about the pattern of attacks on KRIK. We are aware that KRIK and their journalists have previously been targeted by lawsuits that would be described as SLAPPs and are very often victims of threats and insults. Lately the houses of three KRIK staff were broken into; all three cases are currently still in pre-investigative procedure. Early in December, KRIK’s staff received death threats on social media. Bojana Jovanovic, deputy editor of the KRIK believes these threats were related to the story they published about the son of the Serbian President, Danilo Vucic.

We urge the Serbian judiciary to deal with cases promptly and impartially and consider international freedom of expression standards in their deliberations. In order to prevent similar attacks in the future, we also call on the Serbian Government to adopt a comprehensive strategy to address SLAPPs against journalists, as part of its efforts to the protection, safety and security of journalists. This should include a full review of key defamation provisions and align them with international freedom of expression standards and procedural safeguards to allow for early dismissal of SLAPP cases.

The full scale of required reforms is further outlined in the report by ARTICLE 19, the ABA Center for Human Rights and NUNS (forthcoming in January 2022). We stand ready to provide further support to the Government in this process, along with key recommendations to the Government of Serbia to address abusive litigation against journalists and the media.

Signed by:

ARTICLE 19
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

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Germany: MFRR expresses concern over rising attacks against journalists…

Germany: MFRR expresses concern over rising attacks against journalists covering protests

The undersigned partners of the Media Freedom Rapid Response (MFRR) today express their concern about the increasing number of attacks against journalists across Germany, particularly in the context of anti-vaccine demonstrations. We call for better safety measures and protection as well as thorough investigations of attacks against journalists covering such demonstrations. Moreover, preventative measures are needed to stop such attacks from happening. Finally, we encourage media workers to report press and media freedom violations.

Already in 2020, reported attacks against journalists had more than doubled compared to the previous year. This dramatic increase to 255 aggressions can be attributed to the regular demonstrations taking place across Germany against government Covid-19 measures, including planned mandatory vaccination. According to MFRR data, right-wing extremist rallies are also particularly hostile environments for media professionals.

From January 1 until December 15, 2021, the MFRR recorded 108 violations to press and media freedom in Germany, with 85 of these violations taking place as attacks against journalists during demonstrations. Yet, the real figure is expected to be much higher: due to safety reasons, many journalists choose not to go public when they receive threats. A common misperception is also that attacks, particularly online harassment, are simply “part of the job”. The MFRR aims to reverse such attitudes and joins the German Journalists Association (DJV) in urging journalists and media professionals to press charges, should they receive threats or be subjected to other kinds of violence.

During demonstrations, journalists are frequently physically attacked, their equipment is targeted and insults and threats are also common. Freelance photojournalist Aaron Karasek, who has been subjected to repeated violence during protests, shared on Twitter: “At this point, there are almost no Querdenker demonstrations where I or colleagues do not get attacked.” Due to such experiences, TV crews from large broadcasters now usually go to Querdenker demonstrations with security guards. While this might create a feeling of safety, it does not always prevent journalists from being attacked, as for instance the aggression against an SWR TV team accompanied by three security staff shows. Further, a lack of resources does not allow all journalists to make use of such support.

Against this backdrop, we have repeatedly called for better police response and training in order to guarantee the safety of journalists. However, as recent protests – such as in Dresden – have shown, police officers even obstruct journalists in their work when they should be protecting them. The MFRR has recorded physical attacks, threats, confiscation of materials, reporting restrictions and detentions against journalists and media professionals. In 26 alerts on the Mapping Media Freedom (MMF) platform in 2021, police or state security were reported as the sources of attacks. This attitude targeting members of the media is unacceptable and the MFRR stresses the need to actively support press and media freedom.

The German Journalists Union (dju in ver.di) and the German Journalists’ Association (DJV) have repeatedly demanded to increase the number of police officers at demonstrations to better focus on the needs of journalists. The Federal Ministry of Interior indicated that safety procedures will be improved. Right now, the police are often highly understaffed and overwhelmed. While they frequently set up separate areas for media workers to be shielded from aggressions, journalists criticise that such zones separate them from the demonstrations. Strategic de-escalation and unhindered press work, in contrast to reported tedious press card checks and journalists’ expulsions, are desirable.

Another major problem, that often goes hand in hand with anti-Covid-measures demonstrations, is the use of online messaging application Telegram, to plan attacks and exchange information about journalists. The police should do everything in their power to punish these unacceptable acts and application managers should take reports of plans of violence on their platforms seriously and manage the groups according to their community standards. While it is difficult to regulate Telegram, keyword Network Enforcement Act, investigative authorities still have options to counter the spread of calls for violence there. Threatening cases on online platforms involving journalists should be prioritised.

While the amount of attacks against journalists in Germany is particularly alarming, it should also be noted that aggressions during demonstrations and threats via Telegram channels are on the rise in various European countries, such as in France, Italy, the Netherlands or Luxembourg. The MFRR is closely monitoring these violations and calls on the governments and police to take preventive measures and to thoroughly investigate these attacks.

Good practice examples to better promote a safer environment for journalists are listed below:

In the Netherlands, the police and the public prosecutor’s office give priority to incidents concerning journalists. Following an agreement in 2018, concrete guidelines and training have been offered to law-enforcement services to better respond to threats against the media. A hotline enabling journalists to report acts of aggression has been set up.
In the UK, the government has adopted a national action plan to protect journalists from abuse and harassment. Every police force is to deal with a designated journalist safety liaison officer, and at national level a senior police officer will take responsibility for crime against journalists at national level.
In Sweden, the government has commissioned the Swedish Crime Victim Compensation and Support Authority to produce a training and information resource on support for journalists exposed to threats. The government has also commissioned Linnæus University to build a knowledge centre and a OBCservice offering advice and support to journalists and editorial offices, including freelancers, small offices and smaller production companies.

Signed by:

European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

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ARTICLE 19 published Report on Spain: SLAPPs – legal…

Article 19 published Report on Spain: SLAPPs – legal harassment against journalists

Journalists and media outlets in Spain are facing multiple lawsuits for exposing corruption, reporting on matters of public concern or covering protests. Known as Strategic Lawsuits Against Public Participation, or SLAPPs, public officials, businessmen, politicians or police officers typically initiate these lawsuits. They do so to evade public scrutiny, and to harass or subdue journalists who expose their wrongdoings.

Those who file such suits aim to drain the target’s financial and psychological resources and to chill critical voices. These costly civil lawsuits target journalists, activists, or whistle-blowers, in other words, individuals, who are often ill-equipped to defend themselves. As a result, public debate within Spanish society is under threat.

In its latest report, ARTICLE 19 looks at the scope and interpretation of criminal and civil law provisions used to bring such legal actions against journalists and the media. We also examine current Spanish laws that are misused to file these suits, and look at patterns across key cases. Finally, we identify the defences and procedural safeguards that the Spanish Government needs to implement to prevent more SLAPPs.

Key findings from the report reveal:

Over broad legal provisions in the Spanish Penal Code are open to abuse which limits free expression for all

The Spanish Penal Code contains a number of problematic speech-related offences. These include criminal insult and defamation, offences against public officials and public institutions, and revelation of secret information. Despite the fact that the Courts are dismissing prosecutions for defamation and overturning convictions, the very existence of over broad legal provisions leaves them open to abuse, creating a chilling effect on freedom of expression.

People with power target journalists simply for doing their jobs

The Spanish courts have set out relevant defences the media can use when doing their work. These include defences for ‘reasonable publication’ or ‘public interest’. They have also stated that public officials should tolerate a higher level of criticism than private individuals. Despite this, public officials who mismanage funds still misuse laws on honour, privacy, and reputation to target journalists.

Criminal prosecutions and abusive civil lawsuits have implications for the financial sustainability of the media

Firstly, many journalists face permanent threats of criminal sanctions simply for doing their work. Secondly, they must bear the costs of legal proceedings. In addition, they bear the negative consequences of investigations, sometimes for years, until a verdict is reached and regardless of the result of the judicial proceedings.

ARTICLE 19 considers that the Spanish Government should review the laws that limit people’s right to freedom of expression. This will prevent public officials, institutions, and influential individuals from bringing SLAPP cases against journalists and the media.

READ THE REPORT

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EFJ Statement on Croatia: fact-checking portal Faktograf.hr threatened with…

EFJ Statement on Croatia after fact-checking portal Faktograf.hr got threatened with death and lawsuits

The European Federation of Journalists (EFJ) joined its affiliates in Croatia and the SafeJournalists Network in condemning the threats received by the fact-checking portal Faktograf.hr and its employees, targeted by intimidations attempts since 10 December 2021.

The threats and lynching were prompted by entrepreneur Nenad Bakic, a businessman known for his inclination to sue the media. Bakic used his Facebook profile, which has over 40.000 followers, to threaten to launch a criminal lawsuit against the portal for allegedly censoring his post and comments of Faktograf’s social media pages. He then wrote that he would be interested in “whether it would be legal to form a fund to finance such lawsuits” adding that in his opinion, “shouldn’t be very complicated.”

The Faktograf’s editorial team starting receiving insulting messages and death threats against their staff in the days following the above mentioned post’s publication. The messages were sent via Facebook or emails. In one email, it is written that someone is following journalists from Faktograf, that no one is untouchable and that a scenario similar to the one from two years ago – referring to the killing of two persons – could happened at the Faktograf publisher’s address. The threats were reported to the police.

The Faktograf also reported that on 14 December the website was under attack from DDos, a cyber-attack in the form of denial-of-service (denying access to the platform). “Starting on the evening of December 13th and continuing to 11am on December 14th, there were more that 27 million log-in attempts to [Faktograf]’s page in less than 13 hours. In this organized DDoS attack most of the log-in attempts were from Russia and Indonesia,” they said.

“Since February 2020 Faktograf has reported around 40 violent or death threats to the police. While Faktograf’s journalists are constantly exposed to online harassment (often gender specific threats or insults) we have published over 550 articles that challenge and debunk misinformation related to the pandemic in the same period,” said Ana Brakus, Faktograf’s director.

“The threats we receive will not prevent us in our work, nor will they scare us,” she added.

The European Federation of Journalists joined the President of the Croatian Journalists Association (HND) Hrvoje Zovko in calling on the Croatian authorities to condemn these threats in the strongest possible terms and to launch a prompt investigation into the case.

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EFJ Statement on Denmark: Intelligence services warn media against…

EFJ Statement on Denmark: Intelligence services warn media against publishing classified information

Danish intelligence services warned the Danish media companies JP/Politikens Hus, Berlingske Media and DR Nyheder not to publish any classified information. This happened after the recent arrest of four intelligence officers accused of leaking information. The European Federation of Journalists (EFJ) and the Danish Union of Journalists (DJ) strongly condemned this disturbing “warning” to Denmark’s leading media outlets and called on the concerned services to stay away from the press.

On 13 December, the Danish Police Intelligence Service, PET, and the Defence Intelligence Service, FE, warned Stig Ørskov, JP/Politikens Hus’ CEO, Anders Krab-Johansen, Berlingske Media’s chief executive, and Sandy French, DR Nyheder’s Director, against the penalties under Section 109 of the Danish Criminal Code on the disclosure of state secrets, for which the risk of imprisonment is up to 12 years. In those meetings at the media houses, the two highest-ranking intelligence chiefs stressed that the media are not exempted under this section and that “it may be a criminal offence to pass on classified information.”

It is not clear what part of their journalistic work was referred to. Last week, the intelligence services revealed that four current and former employees had been arrested and charged under Section 109 for the “unauthorised disclosure of highly classified information.” At least three of them appeared before a closed-door hearing last week and two remained in custody. What information exactly they had leaked is not known.

Mads Brandstrup, Chief Executive Officer of Danske Medier, the Danish Media Association, reacted: “The intelligence services must subject themselves to public scrutiny just as any other part of the government. I find this kind of approach deeply concerning and it should have no place in a democratic society.” Brandstrup further emphasised that such generic warnings are naturally perceived by media organisations as a threat.

The EFJ urged Danish authorities to make it very clear that the unwanted move from the intelligence services is unacceptable in a democratic society.

EFJ President Mogens Blicher Bjerregård said: “For free media and democracies, it is crucial that authorities including intelligent services stay away from newsrooms and don’t attempt any kind of interventions. It is shocking and disturbing that Danish intelligence services have warned Danish top media in advance to publish any potentially classified information.”

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EFJ Statement: Italian journalists locked up by Romanian anti-vax…

EFJ statement on Italian journalists locked up by Romanian anti-vax senator

A reporter and her crew working for Italian public broadcaster RAI were held in a Bucharest police station for several hours on Monday 13 December after an anti-vax Romanian Senator sequestered during an interview in her office. The European Federation of Journalists (EFJ) condemns the attack on the RAI crew and the unjustified arrest of the journalists by the Romanian police.

Italian journalist Lucia Goracci and her crew were detained after the alleged attack by the husband of Senator Diana Iovanovici Sosoaca, after the Senator blocked the crew in her office.

During her interview by Lucia Goracci, the Romanian senator decided to block the TV crew in her office and called the police.

The tension culminated with the intervention of the police in Sosoaca’s office. The Italian journalists have accused the Romanian police officers not protecting them. They said they managed to leave Sosoaca’s office only due to the intervention of the Italian Embassy in Bucharest.

Lucia Goracci was searched and questioned by the Romanian policemen. The TV crew was allowed to leave the police station only after 8 hours.

Lucia Goracci filed a complaint with the 4th police station in Bucharest against Senator Diana Şoşoacă, claiming that she was sequestered in Sosoaca’s office and that the senator’s husband, Dumitru-Silvestru Şoşoacă, bit her hand.

Dumitru Silvestru Şoşoacă was heard at the Prosecutor’s Office, being also accused of attacking a police officer amid the incident with the Italian journalists. Silvestru Şoşoacă was placed under a judicial control of 60 days.

The Romanian Government issued a statement, strongly condemning “any act of intimidation of journalists or obstruction of the right to free information of citizens. (…) Prime Minister Nicolae-Ionel Ciuca considers this incident unacceptable and categorically rejects the manifestation of differences of opinion through violence”.

It seems that the anti-vax senator wanted to trap Italian journalists by making them look like troublemakers,” said EFJ General Secretary Ricardo Gutiérrez. “The Romanian police should have protected them instead of arresting them. We call on the Romanian authorities to investigate this incident fully in order to establish the responsibility of the senator, her husband, but also the police officers who intervened.

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Malta: MFRR expresses concern at anonymisation of court judgements

The Media Freedom Rapid Response (MFRR) together with Reporters Without Borders (RSF) has written to Prime Minister of Malta Dr. Robert Abela and Minister for Justice, Equality and Governance, Dr Edward Zammit Lewis to express concern about Legal Notice L.N. 456 of 2021 and the online publication of court judgements.

Dear Prime Minister Dr Robert Abela,

Dear Minister of Justice Dr Edward Zammit Lewis,

We write in relation to Legal Notice L.N. 456 of 2021 regarding the online publication of court judgments, which codifies a highly problematic existing practice in Malta. We are concerned by its conferral of unfettered discretion upon the Director-General of Courts to decide upon an application for the exercise of the right of erasure of personal data from a court judgment published on the website of the Court Services Agency. This enables arbitrary decision-making that damages the right to information, unduly hinders journalists’ reporting in the public interest and undermines the separation of powers.

The principle of publicity of court proceedings, including the verdict, as protected under European human rights law and extensively developed in the European Court of Human Rights’ jurisprudence, is an essential means for realising the right to a fair trial and maintaining public confidence in the judiciary. In this regard, court reporting by journalists is crucial because it informs the public how justice is done. To fulfil this public interest role, journalists must be able to rely on a comprehensive record of fully published verdicts.

According to the Board of the Public Inquiry into the assassination of Daphne Caruana Galizia:

There ought not only to be structures which guarantee adequate protection of the physical person but also by the State creating a favourable environment which allows [journalists] to exercise their profession in a secure and effective manner.

We recognise there may be legitimate reasons why certain judgments or parts thereof ought not to be public, for instance to protect the rights of minors among other things. However, we are highly concerned by this Legal Notice’s codification of the existing practice that bestows the Director-General of Courts, a non-judicial appointee without statutory autonomy who is appointed by and answers directly to the Minister of Justice, with full discretion to decide whether a judgment is partially anonymised or even removed from the public record altogether or never published in the first place. This now-codified practice calls into question the Maltese government’s commitment to transparency and the separation of powers.

Moreover, we consider it disingenuous to rely on the right to be forgotten as the motivation underlying this Legal Notice. This principle pertains to delisting from a commercial search engine, such as Google, under specific circumstances. This cannot be compared to the removal of personal data from an online service administered by the government that contains public records. The Court of Justice of the European Union’s attention for balancing this right to be forgotten with the need to ensure access to information that is in the public interest serves to further emphasise this point, particularly in relation to criminal records.

In light of these concerns, we urge you to rescind Legal Notice L.N. 456 of 2021.

Signed by:

ARTICLE 19
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

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Serbia: MFRR welcomes renewed convictions for murder of Slavko…

Serbia: MFRR welcomes renewed convictions for murder of Slavko Ćuruvija

The undersigned partners of the Media Freedom Rapid Response (MFRR) today welcome the confirmed guilty verdicts handed down to four former officials in the Serbian state security services for the murder in 1999 of leading journalist and editor-in-chief Slavko Ćuruvija.

The decision by the Higher Court in Belgrade to reaffirm the convictions in the retrial is an important victory for the family and all those involved in the long fight for justice for his assassination and represents another important milestone in the fight against engrained impunity for the killing of journalists in Serbia, where journalists continue to face multiple threats, attacks and pressure.

Ćuruvija, an investigative reporter, owner of the Dnevni Telegraf newspaper and Evropljanin magazine, and a vocal opponent of authoritarian president Slobodan Milošević, was shot 14 times with an automatic pistol outside his house in Belgrade in April 1999. He was considered an enemy of the state for advocating in his journalism for the NATO bombing of Yugoslavia during the Kosovo War.

After a seven-year trial, four former spies working for the State Security Department were convicted for the killing and each sentenced to between 20 and 30 years in prison, in a landmark ruling in April 2019. In July last year, the Special Department for Organized Crime of the Court of Appeals overturned the first-instance verdict and ordered a retrial over the naming of an unidentified individual as the gunman, prolonging a 22-year fight for justice.

The retrial, which began in October 2020, suffered from multiple disruptions during the pandemic. However, the Trial Chamber of the Special Court finally reached its decision on 2 December 2021 and again sentenced those responsible to a total of 100 years behind bars. Former spy chiefs Radomir Marković and Milan Radonjić were sentenced to 30 years. Accomplice Ratko Romić was given 20 and Miroslav Kurak, who remains on the run, received 20 years. The verdict ruled that the Ćurvija was killed by an unidentified person.

While these renewed convictions are welcome, the fight for justice is not yet over. In the event of a further legal challenge, we hope the Court of Appeal will confirm final guilty verdicts for all four defendants. Full justice in this case will never be achieved, as the top state officials who may have ultimately ordered the killing are long gone. These renewed convictions nonetheless offer another damning indictment of the Milošević regime, which in its verdict the court found to have orchestrated the politically motivated killing through its security apparatus.

The fight against impunity for killings and attacks on journalists is an integral element of the efforts to improve media freedom in Serbia. As the MFRR stressed in our report following a recent mission to Serbia, impunity for the gravest crimes continues to cast a long shadow over the country’s climate for safety of the press. Serbia remains one of the most dangerous countries in Europe to be a journalist. In the last few weeks, our organisations have observed with concern several attacks and threats against journalists in Serbia, including a death threat against investigative outlet KRIK and the beating of photojournalist Andrija Vukelic by supporters of the ruling Serbian Progressive Party.

This verdict in the case of Slavko Ćuruvija should therefore both act as a catalyst for authorities to redouble efforts to end impunity for the other unsolved killings of journalists since the break-up of former Yugoslavia – including Milan Pantić and Dada Vujasinovic – but also to work to establish an environment in which no other journalists face attacks because of their work.

Our organisations salute the work of the special prosecutor, the Commission for the Investigation of Murders of Journalists in Serbia and the Slavko Ćuruvija Foundation, who have fought for so long to achieve justice in this case. In the event of an appeal, representatives from our organisations will seek to travel to Serbia to observe the trial in person.

Signed by:

European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

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Serbia: Penal Code amendments require open and comprehensive debate

The Media Freedom Rapid Response (MFRR), the Independent Journalists’ Association of Serbia (IJAS) and the Lawyers’ Committee for Human Rights in Serbia (YUCOM) express concern over the limited time and space available to openly debate various amendments of the Penal Code proposed by the Ministry of Justice of Serbia.

While well intentioned, the amendments are problematic from a freedom of expression perspective. Our civil society organisations call for a broader and open consultation that comprehensively integrates the implications of the amendments on the exercise of human rights in Serbia.

We recognise that journalists in Serbia face numerous threats to their physical safety and are often the target of harassment as a result of their work. Most of the latter take place online, especially on social media platforms, and are impacting on the activities of journalists and the independent media in Serbia.

While the lack of or an inconsistent approach to investigation of these forms of attacks should be addressed, the solutions proposed in the Penal Code amendments need further and open discussion aimed at preventing negative implications on the freedom of expression of journalists and other individuals participating in public debate in Serbia.

The proposed amendments are extremely broad, based on problematic concepts, including penalising expression of opinions and criminal sanctions for “insult” and similar concepts, which can ultimately lead to sanctions against journalists.

The MFRR supports the call of civil society in Serbia to the Ministry of Justice to further extend the public consultations and enable in depth discussion on the different measures and mechanisms that can effectively improve journalists’ safety while complying with international freedom of expression standards.

The Ministry of Justice opened a first 20 day consultation in October and extended a second period of consultations in November, which will close today, after the request of civil society. However, this timeframe and the apparent drive to expedite the consensus over the proposed amendments have impeded a comprehensive discussion of the underlying issues of both the safety of journalists and the changes in the Criminal Code.

The MFRR, IJAS and YUCOM urge the Ministry of Justice to take these concerns into consideration and enable more comprehensive and adequate consultations , ideally with a three month window, to enable wide discussion among all stakeholders. Finally, the signatories to this statement recommend that these amendments are examined and assessed as part of the regular process of the ongoing wider review of the Penal Code in Serbia.

Signed by:

ARTICLE 19
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Independent Journalists’ Association of Serbia (IJAS)
Lawyers’ Committee for Human Rights in Serbia (YUCOM)

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Poland: Journalist’s criminal defamation conviction may impair freedom of…

Poland: Journalist’s criminal defamation conviction may impair freedom of expression

The undersigned partners of the Media Freedom Rapid Response (MFRR) express deep concern over the recent judgement in the case brought by two judges in Poland in their private capacity against Polityka journalist Ewa Siedlecka, who was convicted of criminal defamation.

Amid the ongoing erosion of media freedom in Poland, we believe that this verdict sets a dangerous precedent which may further facilitate the attempts to muzzle critical media coverage on public officials in the country. The MFRR reiterates that the state should guarantee an enabling working environment for journalists in Poland in which they are able to report on vital, even controversial issues and raise difficult questions without a fear of legal harassment.

On 24 November 2021, the District Court for Warsaw-Śródmieście, convicted Siedlecka, a journalist of Polityka, a weekly news magazine, of criminal defamation in the case brought by two judges, Konrad Wytrykowski and Maciej Nawacki, acting in their private capacity. The court ordered the journalist to pay 5600 zł which consists of a fine, a compensation for both plaintiffs, a payment to the National Treasury and the cost of the trial. As the ruling was delivered by a court of first instance, the journalist may appeal the guilty verdict.

Siedlecka is one of the journalists who tackled in their reporting the issue of a so-called “hate campaign affair” that broke out in Poland in 2019. At that time, a journalistic investigation led by a digital media outlet Onet.pl revealed that the representatives of the Ministry of Justice, including deputy justice minister Lukasz Piebiak, orchestrated and coordinated a hate campaign aimed at several selected judges who openly opposed the controversial judiciary “reforms” pushed through by the ruling Law and Justice (PiS). The “reforms” – in particular, creation of the disciplinary chamber – form an essential part of plans to “overhaul the judiciary” and were found incompatible with EU law by the European Court of Justice. In response to the ruling, Poland indicated its intention to dismantle the disciplinary chamber in the foreseeable future.

Siedlecka referred to the details of the investigations carried out by journalists of Onet.pl in her Twitter and blog posts as well as in three articles published by Polityka. In one of the pieces, Ms. Siedlecka called Wytrykowski and Nawacki, two judges allegedly involved in the hate campaign – “haters”. As a result, Wyrzykowski, a member of the disciplinary chamber of the Supreme Court and Nawacki, of the National Council of the Judiciary, who were both promoted to their current positions due to personnel changes stemming from the controversial judiciary “reforms”, filed a defamation lawsuit against her with the initial demand for 20 thousand złoty compensation, 24 hours of community work, and imprisonment for four months. During the trial, the court dismissed the defence’s motions to find out whether the plaintiffs were members of the aforementioned “hate group” operating in the Ministry. The judge explained that “the trials under Art. 212 of the Penal Code regarding the journalists focus on assessing the credibility of a reporter, not investigating the truth”.

Siedlecka wasn’t present in the court while the judgement was delivered. She did, however, comment on the case and the decision online. “The verdict may be perceived as a restriction of freedom of speech”, she wrote in a short opinion piece published on her blog, noting that she “does not know the details of the justification” of the court’s decision. She calls herself “the first person convicted in the hate campaign affair”.

“I did not insult the plaintiffs, I did not mock them. I simply expressed my opinions. The plaintiffs are high officials, they must thus be prepared – which was repeatedly stated by, inter alia, The Court of Human Rights – to be a subject of criticism”, Ms. Siedlecka stressed in the comment.

The MFRR remains highly alarmed by the continuing deterioration of media freedom in Poland and multi-pronged attacks backed by the authorities aimed at stamping out critical voices. There is a justified fear that this verdict against Ewa Siedlecka might pave the way for a wider criminalisation of expressing an opinion based on information present in the public space. In addition, legal proceedings against a particular journalist may exert a major chilling effect on the journalistic community as a whole.

We have been observing the increasing use of defamation lawsuits targeting journalists that aim to dissuade them from reporting on a controversial story and drain them both psychologically and financially. We find the recent defamation conviction of Ewa Siedlecka deeply distressing, in particular given the fact that she mostly quoted the existing reporting and not formed accusations on her own. The MFRR stands in solidarity with the journalist and her inalienable right to express opinions, especially in regard to the activity of public officials.

Signed by:

ARTICLE 19
European Centre for Press and Media Freedom (ECPMF)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

Serbia: Wave of lawsuits against investigative portal KRIK chills media freedom

Germany: MFRR expresses concern over rising attacks against journalists covering protests

Article 19 published Report on Spain: SLAPPs – legal harassment against journalists

Key findings from the report reveal:

Over broad legal provisions in the Spanish Penal Code are open to abuse which limits free expression for all

People with power target journalists simply for doing their jobs

Criminal prosecutions and abusive civil lawsuits have implications for the financial sustainability of the media

EFJ Statement on Croatia after fact-checking portal Faktograf.hr got threatened with death and lawsuits

EFJ Statement on Denmark: Intelligence services warn media against publishing classified information

EFJ statement on Italian journalists locked up by Romanian anti-vax senator

Malta: MFRR expresses concern at anonymisation of court judgements

Serbia: MFRR welcomes renewed convictions for murder of Slavko Ćuruvija

Serbia: Penal Code amendments require open and comprehensive debate

Poland: Journalist’s criminal defamation conviction may impair freedom of expression

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