15.03.2022. Polish Commissioner for Human Rights Marcin Wiacek. PAP/Darek Delmanowicz Library

Poland: Ombudsman must appeal acquisition of newspaper by state-controlled…

Poland: Ombudsman must appeal acquisition of newspaper by state-controlled oil company

Partners of the Media Freedom Rapid Response (MFRR) have written to Marcin Wiącek, Polish Human Rights Ombudsman, expressing concern at his decision to refrain from appealing the acquisition of regional newspaper publisher Polska Press by PKN Orlen, a state-controlled media company.

Office of the Ombudsman

Aleja “Solidarności” 77, 

00-090 Warszawa, 

Poland

 

4 August 2022

 

Dear Polish Ombudsman, Marcin Wiącek

 

The undersigned organisations write to you regarding your decision to refrain from appealing the acquisition of regional newspaper publisher Polska Press by Poland’s state-controlled oil company PKN Orlen. Challenging this damaging decision is pivotal for upholding media freedom and competition in the media market in Poland. We therefore encourage you to reconsider an appeal before the deadline of 10 August. 

 

On 7 June 2022, the Warsaw regional court of competition dismissed the appeal of the Polish Human Rights Ombudsman brought by your predecessor Adam Bodnar against the takeover of the biggest and most influential regional publisher in Poland, Polska Press. Our organisations take note of your official statement issued on 3 August 2022. We support your call for a public debate about better and stronger guarantees of media pluralism. We hope that such calls will be listened to by, first among many, the European Commission in its upcoming proposal for a European Media Freedom Act. We remain at your disposal to engage in a dialogue on this issue. Nevertheless, we must again underscore that lodging an appeal to contest the regional court’s decision, and asking for the annulment of the Poland’s competition authority’s approval of the Polska Press acquisition by PKN Orlen, is currently of utmost importance. 

 

On 1 June 2021, ARTICLE 19 Europe submitted an amicus brief challenging the UOKiK’s decision which has been rejected by the court twice. It explained that the decision by Poland’s competition regulator, UOKiK was taken in violation of EU merger rules, as it completely failed to assess that the buyer, PKN Orlen, is de facto a state-controlled company (as confirmed, among others, by the same PKN Orlen in a recent merger case before the European Commission). In turn, this vitiated the entire assessment of the merger’s impact on competition in the Polish media market. Therefore, even without recurring to a media plurality test, ARTICLE 19 showed the court that the UOKiK’s decision should be annulled, and the competition assessment performed again, taking into due account the impact of the state control of Orlen. 

 

Furthermore, ARTICLE 19 Europe argued that as media pluralism is guaranteed both by the EU Charter of Fundamental Rights and the European Convention of Human Rights, the Polish State, as well as its independent authorities, have the duty to include it in their assessment.  The undersigned organisations support the legal arguments laid out by ARTICLE 19 Europe and underscore that the final ruling should comply with both EU law on mergers and with Poland’s obligations regarding European standards on media pluralism. 

 

In addition, our organisations have previously warned that such acquisition would hand the ruling Law and Justice (PiS) party greater indirect control over the regional media landscape ahead of the 2023 national elections as well as lead to a purge of critical editors and journalists in local newspapers. 

 

We are concerned that the acquisition of Polska Press by a state-controlled company headed by figures close to PiS leadership is a central element of PiS’s stated plans for “repolonization” of the media landscape. Though couched in language of pluralism and national sovereignty, these efforts have in reality been aimed at engineering the takeover of independent press by entities linked to the ruling party and strengthening the market influence of pro-government media. 

 

This approach emulates developments in Hungary where regional newspapers were acquired by business interests with strong ties to the government and eventually turned into mouthpieces for supporting Fidesz’s political agenda. These fears were not misplaced: PKN Orlen did not abide by the court’s decision to suspend the purchase for the time of hearing the appeal and either dismissed or pushed out more than a dozen editors-in-chief at newspapers owned by Polska Press since March 2021, with many more leaving in protest, leading to a visible shift in coverage, self-censorship, and a marked drop in editorial standards at some titles.

 

We respect the vital role the Polish Ombudsman plays in promoting and protecting the enjoyment and full realisation, by all people in Poland, of all human rights, which includes the right to information. In this regard, we strongly believe that your intervention and appealing the court’s verdict is indispensable to ensure that the pillars of media pluralism and media independence in Poland are safeguarded. We thus hope you will reconsider your decision. 

 

Our organisations will continue to closely monitor how the events unfold and would be glad to offer our expertise on media freedom and pluralism, as well as support in the appeal process. 

 

We ask you to take our concerns into consideration and look forward to your response. 

Signed by:

  • ARTICLE 19 Europe
  • 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, Candidate Countries and Ukraine.

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Tackling Impunity: Lessons from the Public Inquiry into the…

Tackling Impunity: Lessons from the Public Inquiry into the Assassination of Daphne Caruana Galizia

The murder of investigative journalist Daphne Caruana Galizia sent shockwaves across Europe and was a grim reminder of the risk reporters face while uncovering abuses of power. It was the first assassination of a journalist worldwide to be investigated through an independent Public Inquiry. To mark one year since the damning findings were unveiled, ARTICLE 19 Europe and The Daphne Caruana Galizia Foundation today publish a report that explores the efficacy of the Maltese Public Inquiry model, assessing whether it stands up as good practice.

The Public Inquiry into the circumstances of Daphne Caruana Galizia’s assassination was the first Public Inquiry to have taken place in Malta in nearly 20 years. It followed a strong public demand for a strengthened capacity to tackle corruption and wider rule-of-law reforms. The research from ARTICLE 19 Europe and The Daphne Caruana Galizia Foundation, ‘Tackling Impunity: Lessons from the Public Inquiry into the Assassination of Daphne Caruana Galizia’, assesses the significance of the Maltese Public Inquiry in the fight for truth, accountability and justice for Daphne’s assassination and the vital role civil society and international organisations play in ensuring an independent investigation is carried out. In addition, the report identifies lessons that can be learned from the Public Inquiry process so far, summarises its key achievements, and makes recommendations to the Government of Malta, to European Union institutions, and to international civil society.

This report was coordinated as part of 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, Candidate Countries and Ukraine.

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Malta: Public Inquiry report recommendations must be implemented

Malta: Public Inquiry report recommendations must be implemented

A year on from the publication of the Public Inquiry report into the assassination of Malta’s leading investigative journalist, Daphne Caruana Galizia, the undersigned organisations urge the Maltese authorities to comply with their international human rights obligations and implement the report’s recommendations without further delay to ensure effective protection of journalists going forward. We are concerned at the lack of implementation of the recommendations of this milestone Public Inquiry.

Today, 29 July, marks the one-year anniversary of the publication of the landmark Public Inquiry report into the assassination of Daphne Caruana Galizia, which was found to be both predictable and preventable. The Inquiry found ‘[T]he State should bear the responsibility for the assassination by creating a climate of impunity, generated from the highest levels at the core of the administration … and spreading its tentacles to other entities such as regulatory institutions and the Police.’1 This, the Board found, led to the collapse of the rule of law; a failure to acknowledge the real and immediate risk to Daphne Caruana Galizia’s life; and a failure to take effective preventive measures to protect her.

 

In its report the Board of Inquiry made a number of key recommendations to restore the rule of law and avoid that an assassination like that of Daphne Caruana Galizia can ever happen again. The recommendations provided an historic opportunity for the Government of Malta to implement its international human rights obligations to create an enabling environment for journalism and to protect journalists. 

 

The Daphne Caruana Galizia Foundation and Article 19 Europe publish a report today on the Public Inquiry including an evaluation of the implementation of its recommendations. It finds that to date, with minor exceptions, the Government of Malta has failed to implement these recommendations and has rejected proposals to implement anti-corruption legislation. The changes introduced so far are token gestures, rather than urgently needed, radical and effective change. 

 

In particular, the Government has failed to implement the recommendation to introduce laws tackling financial crime and corruption. Notwithstanding the changes made to the appointment of the Attorney General and Police Commissioner as part of the recommendations of the Venice Commission, serious concerns prevail that the Malta Police and the Office of the Attorney General still fail to truly initiate investigations and carry out effective prosecutions on the trails of corruption leading to the murder of Daphne Caruana Galizia, as well as on related scandals that emerged post her death, alongside ongoing magisterial inquiries. 

 

The persistent lack of political will to prosecute corruption revealed by journalists, including Daphne Caruana Galizia, has been seriously criticised. The European Public Prosecutor (EPPO), the EU’s financial crime watchdog, Laura Kövesi, has questioned whether there is political will to tackle corruption commenting that, “Malta is paying lip service in its efforts to crack down on EU fraud and corruption.” Even where investigations have been initiated, the profound delays in prosecuting corruption, including in the Pilatus Bank scandal uncovered by Daphne Caruana Galizia in 2016, contribute to a context of impunity for corruption. The delay in implementing the Public Inquiry recommendations on anti-corruption are prejudicial to journalists who continue to report on the corruption which Daphne Caruana Galizia was killed for exposing and on other malfeasance and who remain at serious risk. 

 

While some initiatives have been taken within the Maltese police force to establish a main contact point with journalists, much work remains to be done both in terms of training of the police on international standards as they relate to freedom of expression and in securing the trust of journalists. Offers of assistance in this regard from international media freedom organisations have gone unanswered. 

 

A “Committee of Experts on Media” was announced on 11 January 2022 and tasked to provide Prime Minister Robert Abela with feedback on draft law reform proposals pertaining to freedom of expression and media freedom which the Prime Minister submitted to the Committee. The Terms of Reference for the Committee fail to require that the committee is independent, made up of individuals of demonstrable integrity and expertise, and that it should have cross-societal support. The lack of transparency and consultation with which the committee has operated since receiving its ToR poses a major concern to its legitimacy. The committee has not met with civil society, media or journalists nor the Caruana Galizia family. It has also refused to participate in conferences relating to media freedom in Malta. While it is understood that the Prime Minister was presented with the Committee’s advice on his draft legislation and that the Committee is continuing its work, the process it has opted to follow lacks transparency.

 

The Government of Malta has put forward two draft legal proposals for the committee to examine: one to “to amend the Constitution and various other laws to strengthen the right to freedom of expression and the right to privacy and to implement various measures for the protection of the media and of journalists”; and another “to provide for the establishment of structures for the protection of democratic society including the protection of journalists, other persons with a role in the media and in non-governmental organisations and persons in public life.” The OSCE Representative on Freedom of the Media and ARTICLE 19 have analysed the proposals for their compliance with Malta’s obligations under international human rights standards and have made important recommendations to strengthen the proposals including to ensure better protection of journalists, the right to information and comprehensive protection for journalists against SLAPPs. 

 

One year on from the publication of the Public Inquiry report and almost five years since the assassination of Daphne Caruana Galizia, we urge the Government of Malta once again to live up to its international obligations and implement the recommendations of the Board’s report, along with those of the OSCE, Venice and GRECO Commissions, in a transparent manner without further delay and in full consultation with all stakeholders. 

Signed by:

  • ARTICLE 19 Europe
  • Association of European Journalists
  • Committee to Protect Journalists
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • IFEX
  • International Press Institute (IPI)
  • PEN International
  • Reporters Without Borders

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, Candidate Countries and Ukraine.

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Kostas Vaxevanis Library

Greece: MFRR partners welcome acquittal of journalists in Novartis…

Greece: MFRR partners welcome acquittal of journalists in Novartis criminal case

The partner organisations of the Media Freedom Rapid Response (MFRR) today welcome the resounding exoneration of four Greek journalists and publishers who faced criminal charges and potential lengthy prison sentences linked to their media outlets’ investigative reporting which unveiled the Novartis pharmaceutical scandal. The acquittals represent an important validation of watchdog journalism in Greece and a vital – yet costly – victory for the rule of law and press freedom.

On 30 June 2022, the Judicial Council of the Supreme Court ruled that all allegations made against the journalists were baseless and declined to send them to full trial at the Special Court. The four journalists were: Kostas Vaxevanis, a veteran investigative journalist and publisher of Documento newspaper, Ioanna Papadakou, a former investigative journalist for To Vima newspaper, Ioannis Filippakis, publisher of newspaper Dimokratia and Alexandros Tarkas, a reporter at Dimokratia.

 

If eventually convicted of the four criminal charges – which included alleged membership of a criminal organisation which conspired to fabricate news stories about the Novartis scandal and three separate counts of conspiracy – each could have faced prison sentences of up to 20 years. All four maintained their innocence throughout the proceedings in the face of intense pressure.

 

Over the last six months our organisations have been closely following the hearings, called for guarantees of independence in the process, registered our concern on the Council of Europe’s safety of journalists platform, carefully assessed the evidence presented by prosecutors, and have been in contact with the journalists to provide support.

 

In our view, the evidence presented against the journalists lacked substance or legitimacy from the outset. Each of the journalists has expressed concern that the charges against them were a politically motivated attempt to criminalise them and punish their media outlets for years of hard-hitting investigative reporting.

 

The criminal nature of the charges, their connection to reporting on corruption, and the potential imprisonment of journalists in an EU Member State, raised major concerns amongst our organisations and at the European level, all at a time when Greece was already in the spotlight over a decline in press freedom under the New Democracy government. These criminal charges were among the most serious levied against members of the press anywhere in the EU at that time.

 

While the news of their acquittal is welcome, we are deeply concerned by the pressure faced by the journalists during the proceedings. Comments made by certain politicians and in particular Prime Minister Kyriakos Mitsotakis – who referred to some of the journalists as a “gang” in parliament – were deeply regrettable. This pressure has taken a serious psychological toll on all of those involved. Meanwhile, an MEP who spoke out publicly against the criminal charges and raised concern about the freedom of the media was expelled from the party.

 

In our view, this case is emblematic of far wider issues facing media freedom and the exercise of independent journalism in Greece. As outlined in our recent MFRR mission report, legal threats against the press are just one of a multitude of pressures which have created a hostile environment for watchdog reporting and undermine media freedom. While the signing of a memorandum aimed at strengthening the protection and safety of journalists is – if implemented properly – a welcome first step forward, the Greek government has a long way to go. Moving forward, steps must be taken to foster a media landscape in which the kind of brave watchdog journalism exemplified in this case is allowed to flourish.

Signed by:

  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • 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, Candidate Countries and Ukraine.

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Peter R. De Vries Library

Netherlands: Press freedom organisations welcome policy debate on media…

Netherlands: Press freedom organisations welcome policy debate on media freedom and journalists’ safety

The partners in the Media Freedom Rapid Response (MFRR) and other undersigned press freedom organisations welcome the publication of the letter from the Dutch Government to the Parliament of 29 June 2022 regarding a proposed policy approach on media freedom and safety of journalists.

The partners in the Media Freedom Rapid Response (MFRR) and other undersigned press freedom organisations welcome the publication of the letter from the Dutch Government to the Parliament of 29 June 2022 regarding a proposed policy approach on media freedom and safety of journalists.

 

We commend that in preparation of its letter, the Government has taken into account reports by domestic and international journalists’ and civil society organisations, including the work of the Nederlandse Vereniging van Journalisten, the recent MFRR report ‘Towards a safer haven: Advancing safety of journalists amidst rising threats in the Netherlands’ and Reporters Without Borders’ World Press Freedom Index

 

The undersigned organisations, while recognising that the Netherlands remains – by global standards – a relatively safe place for journalists and media workers, found there is room for improvement in a number of areas. These include the need to ensure a better understanding of the role of the press among the general public and the fact that specific categories of journalists, including women and freelance reporters, suffer specific threats that require a more targeted policy approach. We also call for a tailored approach to police protection against serious threats from organised crime. Furthermore, we recommend an enhanced focus on preventive measures. 

 

The undersigned organisations welcome the Government’s constructive approach to these concerns, which we find reflected in its letter to Parliament, and look forward to seeing how this initial proposal will be further developed and strengthened through the upcoming parliamentary debate after recess, and beyond. In this regard, we also stress the importance of due implementation. We hope that throughout this process, politicians and policy makers will continue to seek and constructively engage with the views of domestic and international professional associations and civil society organisations, and we remain ready to participate in this process.

Signed by:

  • ARTICLE 19 Europe
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)

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, Candidate Countries and Ukraine.

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Ceska Televize Library

Czech Republic: MFRR pushes for reforms to strengthen independence…

Czech Republic: MFRR pushes for reforms to strengthen independence of public broadcaster

Representatives from the International Press Institute (IPI) and European Centre for Press and Media Freedom (ECPMF) travelled to Prague on Wednesday June 15 to meet with officials from the Ministry of Culture and push for the development of reforms which strengthen the independence of the country’s public broadcaster.

During the one-day visit, the delegation met with journalists and editors from independent media, representatives from the Endowment Fund for Independent Journalism (NFNZ), the director general of the Czech Television Petr Dvořák, and representatives from the Ministry of Culture under the new coalition government of Petr Fiala.

 

Discussions centred around the preparation of draft amendments aimed at creating additional safeguards to protect the institutional and editorial independence of Czech Television, which faced sustained pressure under the former government led by Andrej Babiš.

 

During the meeting with the Ministry, it was confirmed to the delegation that progress had been made in negotiations regarding the amendments and that the cabinet is due to discuss a re-worked package of reforms this week, June 20-24.

 

The new package contains only a handful of the amendments initially proposed by civil society groups including the NFNZ and IPI CZ and which were supported by the organisations of the Media Freedom Rapid Response (MFRR). According to information provided to the delegation, the revised amendments will include:

 

  • Changing the law so that both chambers of parliament, rather than just the Chamber of Deputies, will be involved in appointments to the Czech Television Council. This more staggered system is intended to make it more difficult for a government to use a parliamentary majority to overly politicise the composition of the council;

 

  • Tightening the rules for who can nominate candidates for the CT Council. Under the proposed amendment, only established institutions with 10 years of experience in the fields such as media, culture or human rights would be permitted to nominate candidates;

 

  • Removing the ability of parliament to reject the annual report of the public broadcaster, eliminating the ability of the parliament to twice reject the report and subsequently dismiss the entire CT Council;

 

  • Increasing the number of councillors on the CT Council from 15 to 18. Under the draft, the Senate would vote for six and the Chamber of Deputies will appoint the other 12. A qualified majority of 10 would be needed to appoint and dismiss the director general.

 

As part of the initial reform package developed by the Ministry of Culture, when the amendments entered into force the entire CT Council would have been dismissed and elections would have been held under the new appointment system. However, the Legislative Council of the Government raised concerns about the legality of the move and a compromise was required, causing significant delays while coalition parties negotiated an alternative.

 

Under the rewritten plans, the number of councillors will instead be increased by three. In another shift, the Chamber of Deputies would elect two thirds of the councillors rather than the original proposed 50:50 split between the Chamber and the Senate.

 

If approved by the cabinet in June, the draft amendment would then need approval from the Chamber of Deputies and the Senate before being signed into law.

 

“It is uplifting to finally see progress made on the preparation of a new draft. While this new package contains only a fraction of the initial proposals, if passed these amendments would still have a significant impact and create additional safeguards against future attempts to undermine the independence of Czech Television”, said IPI Deputy Director Scott Griffen, who participated in the visit. “We urge the cabinet to swiftly approve this first package of reforms and send the package to parliament for a vote. It is vital that early momentum of improving the landscape for media freedom is not lost.

 

“However, this should be seen as a first step in a wider process of reform – one which must urgently include the provision of sustainable financing for Czech Television. The Czech public broadcaster has been, and remains, a standard bearer for other public service media in the region. Shoring up its financial stability and passing amendments which help future-proof the institution against political attacks would provide a much-needed example of resilience in central and eastern Europe. Our organisations will continue to closely follow the legislative process and push for additional needed improvements for media freedom in the coming months.”

 

During the meeting at the Ministry, the delegation was also informed that a working group is due to be established to discuss a second package of reforms to the Act on Czech Television and Czech Radio. This would include the proposal to legislate for automatic increases in the licence fee in line with inflation, as well as greater judicial oversight over dismissals of councillors and the creation of professional criteria for those seeking election to the CT Council. IPI strongly urged that this working group include independent national and international experts.

 

Coming in the wake of an announcement about forced cuts to budgets and staff numbers, a solution to the unsustainable financial situation at Czech Television is viewed by the delegation as essential in the coming months. In total, the broadcaster will be forced to cut 910 million crowns (€36.8 million) by 2024 and intends to axe its newest channel, ČT3. The license fee has not increased since 2008.

 

During the visit of the delegation to Prague, the delayed election for the CT Council was also held. After the governing coalition passed a motion for the vote to be made public, the opposition party boycotted the vote. Five new councillors were appointed, all of whom have suitable professional qualifications and expertise.

This mission 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, Candidate Countries and Ukraine.

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Spain: Fine against photographer underscores urgent need for reform…

Spain: Fine against photographer underscores urgent need for reform of Gag Law

The undersigned organisations of the Media Freedom Rapid Response (MFRR) today express serious concern over the recent €1,000 fine issued to Pulitzer prize-winning photographer Javier Bauluz under Spain’s controversial “Gag Law”. Our organisations believe this fine represents another example of the need for the Spanish government to urgently reform the most problematic elements of the law in line with international human rights standards to protect freedom of expression and the freedom of the press.

In November 2020, the photographer had been documenting the arrival of thousands of refugees and migrants to Gran Canaria. As he attempted to take photographs one morning of the arrival of a rescue boat at the port in Arguineguín, he was approached by two police officers. Video footage appears to show one of the officers grab him by the arm and demand he leave the public area. After Bauluz protested, the police issued him with two fines for “disrespecting an agent” and “refusing to identify himself”.

 

More than a year and a half later, Bauluz finally received a 960 fine for the two charges under Article 36.6 and Article 37.4 of Spain’s Law on the Protection of Citizens’ Safety – dubbed the “Gag Law”. Bauluz rejected the fines and said that police had limited press access to the arrival centre, unjustifiably limiting the ability of the press to properly document the situation at the centre, which had been criticised for unacceptable conditions. There is no option to appeal the administrative sanctions.

 

Bauluz is one of the many journalists, photographers and activists in Spain who have been fined under the 2015 Gag Law for alleged behaviours that would endanger the work of law enforcement authorities. Among other rules, the legislation allows authorities to fine journalists and media organisations for distributing unauthorised images of police. Media freedom groups and human rights organisations have repeatedly criticised the law for violating freedom of expression and leading to arbitrary sanctions against journalists and media workers like Bauluz.

 

In December 2020, the Spanish Parliament started a long awaited discussion over the reform of the law. However, unfortunately this has not led to any tangible results so far, despite being one of the promises in the manifesto of the current government. The Council of Europe’s Human Rights Commissioner Dunja Mijatovic has expressed her concern over the text of the suggested bill, which she considers insufficient to fully comply with Spain’s human rights obligations. In January 2021, the Constitutional Court validated the law’s compliance with constitutional principles, except for the provision referring to prohibition of unauthorised recording of law enforcement operations.

 

In the wake of the fine issued against Bauluz, MFRR partners again urge the Spanish government to push forward and undertake a comprehensive reform of the Ley Mordaza in line with international human rights standards. Our organisations also call for the fine against Bauluz to be immediately withdrawn. It is vital that all barriers that hamper the ability of journalists and photojournalists to carry out public interest work and document potential rights abuses are removed. Until this legislation is reformed, press freedom in Spain will continue to suffer.

Signed by:

  • ARTICLE 19 Europe
  • International Press Institute (IPI)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • OBC Transeuropa (OBCT)
  • European Centre for Press and Media Freedom (ECPMF)
  • Plataforma por la Libertad de Información (PLI) [Platform for the Defence of Freedom of Information]
  • FAPE (Federación de Asociaciones de Periodistas de España)

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, Candidate Countries and Ukraine.

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Feindbild-6 Library

Feindbild Journalist 6 – Hatred on the Doorstep

Feindbild Journalist 6 – Hatred on the Doorstep

(Leipzig, 14/06/2022) — The European Centre for Press and Media Freedom (ECPMF), as part of the Media Freedom Rapid Response, (MFRR) has published the English translation of the 2021 iteration of “Feindbild”, an annual study into politically-motivated violence against journalists in Germany. “Feindbild 6 – Hatred on the Doorstep” was first published in German in April 2022.

Key findings: A new negative record

As part of the study, ECPMF recorded a record number of 83 physical attacks on journalists and media workers, an increase of 14 from the previous year. These attacks affected 124 media workers or teams, although the researchers assume that the number of unreported cases is high. Co-author of the report, Martin Hoffmann said:

 

Since we started recording cases in 2015, we have never verified so many violent attacks against media professionals as in 2021. Serious threats and physical attacks are part of the everyday work of more and more journalists. This does not remain without consequences. A growing number of journalists are therefore withdrawing from covering demonstrations.

 

Demonstrations and protests were the context in which attacks against the press happened most frequently in Germany. 75% took place at demonstrations of pandemic-related protest networks such as Querdenken.

 

As in previous years, Saxony remains the largest offender when it comes to politically-motivated violence against journalists, with 23 recorded incidents in 2021. However, this year marked an increase in the number of attacks taking place in western Germany.

 

The political background of the attackers in 2021 was highly varied. 39% of attackers came from right-wing perpetrators, 1% from the left, and 39% could not be attributed to any particular political stance.

 

Attacks increased towards the end of 2021, with 19 recorded in December and 18 in January 2022 — the highest number recorded in any two months since the start of the research in 2015.

 

Support from BDZV

For the first time, the German Federal Association of Digital Publishers and Newspaper Publishers (BDZV) supported the production of the Feindbild study. Speaking of the report’s findings, Mr. Sigrun Albert, General Manager of BDZV said:

 

Unfortunately, the new Feindbild study confirms our assumption that local journalists are increasingly being targeted by violent attacks because of their work. Hateful attacks and massive digital threats are also at least as disturbing.

 

BDZV will partner with and support ECPMF to implement long-term monitoring of attacks facing journalists in Germany and to develop counter-measures in response. Dr. Lutz Kinkel, Managing Director of ECPMF, said:

 

What we need is more protection for media professionals, more consistent punishment of criminal offences, and more media literacy education. The partnership with BDZV enables us to explore and analyse the problems in the local space more intensively in the future. We are looking forward to the collaboration.

This report 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, Candidate Countries and Ukraine.

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A protester chaining hands during freedom of the press in Istanbul, Turkey, 4 March 2016 Library

International groups call on Turkey’s parliament to reject the…

International groups call on Turkey’s parliament to reject the “disinformation” bill as a tool of digital censorship

Twenty three international media freedom, freedom of expression and journalists’ organisations today called for the immediate dismissal of the bill on “disinformation and fake news” which was submitted to the parliament on May 27 by the governing alliance of Justice and Development Party (AKP) and Nationalist Movement Party (MHP).

 

[Açıklamanın Türkçe çevirisi aşağıdadır]

The bill threatens up to three years imprisonment for those found guilty of the deliberate publishing of “disinformation and fake news” intended to instigate fear or panic, endanger the country’s internal or external security, public order and general health of Turkey’s society.

Such a bill, where the definition of disinformation and ‘intent’ is left so vague, puts millions of Turkey’s internet users at risk of criminal action for posting information that the government disagrees with.

Placed in the hands of Turkey’s highly politicized judiciary, the law would become another tool for harassing journalists and activists and may cause blanket self-censorship across the internet.

The bill would also increase any sentence by 50% where information is published from anonymous user accounts. This severely undermines anonymity on the internet and further intimidates those wanting to publish evidence of corruption and wrongdoing but are afraid of the consequences of being publicly identified. 

The governing alliance claim the bill is in line with the European Union’s Digital Services Act and General Data Protection Regulation, however there are no such provisions under either of these laws. 

The law would also bring news sites under the Press Law (Basin Kanunu). This gives their journalists access to the official press accreditation and also to public advertising funds through the official Press Advertising Agency, Basin Ilan Kurumu (BIK). In practice however this will simply enable the government to fund pro-government news sites while banning critical media deemed to have breached the disinformation law.

In the drafting stage, the government reportedly organized a consultation with international digital platforms yet it failed to hold any meetings with media representatives, editors, journalism associations or unions, despite these groups, and their members, being the most affected by the legislation.

The draft bill is currently before the Parliament. However the role of parliament has been so heavily undermined by the Presidential system that the bill is being rushed through without proper scrutiny or debate and expected to be passed swiftly into law within days. 

Disinformation is an important issue and needs to be combatted but not at the price of restricting journalists’ rights and the public’s rights of freedom of expression. Any such initiatives should be developed in close consultation with media and other stakeholders and include sufficient safeguards for free speech and independent journalism that can prevent their abuse by the government to impose  arbitrary censorship.  

We, therefore, call on all Turkey’s parliamentarians who believe in the parliamentary process and the free flow of ideas and information as central to a democratic society, to vote down this bill.

Uluslararası kurumlar, Türkiye meclisini dijital sansürün bir aracı olarak görülen “dezenformasyon” yasa tasarısına karşı çıkmaya çağırıyor.

Yirmi üç uluslararası basın özgürlüğü, ifade hürriyeti ve gazetecilik örgütü, Adalet ve Kalkınma Partisi’nin (AKP) ve iktidar müttefiki Milliyetçi Hareket Partisi (MHP) tarafından 27 Mayıs’ta meclise sunduğu “dezenformasyon ve yalan haber” konulu yasa tasarısının bugün yayınladıkları bir ortak açıklamayla derhal geri çekilmesi çağrısında bulundu.

Tasarıda, korku ve panik yaratmaya, ülkenin iç ve dış güvenliğini, kamu düzenini ve Türkiye toplumunun genel sağlığını tehlikeye atmayı amaçlayan “dezenformasyon ve yalan haber” kasıtlı olarak yayımlamaktan suçlu bulunanlar üç yıla kadar hapisle tehdit ediliyor.
Dezenformasyon ve ‘niyet’ tanımının bu kadar muğlak bırakıldığı böyle bir yasa tasarısı, Türkiye’de milyonlarca internet kullanıcısını iktidarın onaylamadığı bilgileri paylaştığı için cezai işlem riskiyle karşı karşıya bırakıyor.

Türkiye’nin son derece politize olmuş yargısının ellerine bırakılan yasa, gazetecileri ve aktivistleri taciz etmenin başka bir aracı haline gelebilir ve internette kapsamlı bir otosansüre neden olabilir.

Tasarı ayrıca, bilgilerin anonim kullanıcı hesaplarından yayınlandığı durumlarda herhangi bir hapis cezasını yüzde 50 oranında artıracaktır. Bu, internetteki anonimliği ciddi şekilde baltalar ve yolsuzluk ve görevi kötüye kullanmanın kanıtlarını yayınlamak isteyebilecek ancak kamuoyuna açıklanmanın sonuçlarına dair çekinceleri olan kişileri daha da korkutur.

İktidarda bulunan AKP ve MHP ittifakı, tasarının Avrupa Birliği’nin Dijital Hizmetler Yasası ve Genel Veri Koruma Yönetmeliği ile uyumlu olduğunu iddia ediyor, ancak bu yasaların kapsamında böyle bir hüküm bulunmuyor.

Kanun tasarısı, haber sitelerini de Basın Kanunu kapsamına almayı öngörüyor. Bu, internet ortamında faaliyet gösteren mecralara bağlı gazetecilere resmi basın kartı tahsisi sağlayacak ve ayrıca kurumlara da Basın İlan Kurumu (BİK) aracılığıyla kamu reklam fonlarına erişimi mümkün kılacak. Ancak uygulamada bu, iktidarın hükümet yanlısı haber sitelerini finanse etmesine ve dezenformasyon yasasını ihlal ettiği düşünülen eleştirel medyayı kısıtlamasına olanak tanıyacaktır.

Taslak aşamasında hükümetin uluslararası dijital platformlarla bir istişare düzenlediği, ancak mevzuattan en çok etkilenmesi beklenen bu gruplara ve temsilcilerine, medya temsilcileri, editörler, gazetecilik dernekleri veya sendikalar ile herhangi bir görüşme yapmadığı bildirildi.
Tasarı şu anda Meclis aşamasında. Ancak, Türkiye Büyük Millet Meclisi’nin rolü, Başkanlık sistemi tarafından o kadar ağır bir şekilde sarsıldı ki, yasa tasarısı uygun bir inceleme veya tartışma yapılmadan aceleye getirilmekte ve birkaç gün içinde hızla yasalaşması bekleniyor.

Dezenformasyon önemli bir konu ve mücadele edilmesi gerekiyor, ancak gazetecilerin haklarını ve kamuoyunun ifade hürriyetini kısıtlamak pahasına böylesi bir adım atılamaz. Bu tür girişimler, medya ve diğer paydaşlarla yakın istişare içinde geliştirilmeli ve hükûmet tarafından keyfi bir biçimde sansür uygulamak için bunların kötüye kullanılmasını önleyebilecek ifade hürriyeti ve bağımsız habercilik için yeterli güvenceleri içermelidir.

Bu nedenle, meclis aşamasında, demokratik bir toplumun temeli olarak ifade hürriyeti ve bilginin serbestçe dolaşabilmesine inanan Türkiye’deki tüm milletvekillerini bu tasarıyı reddetmeye çağırıyoruz.

Signed by:

  • International Press Institute (IPI)
  • ARTICLE 19
  • Articolo 21 
  • Association of European Journalists
  • Committee to Protect Journalists
  • Danish PEN
  • English PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Foreign Media Association (FMA)
  • IFEX
  • International Federation of Journalists (IFJ)
  • Media and Law Studies Association (MLSA)
  • Media Research Association (MEDAR)
  • OBC Transeuropa (OBCT)
  • PEN America
  • PEN International
  • PEN Norway
  • Platform for Independent Journalism (P24)
  • Reporters Without Borders (RSF)
  • South East Europe Media Organisation (SEEMO)
  • Swedish Pen
  • The Coalition For Women In Journalism (CFWIJ)
  • Turkey Human Rights Litigation Support Project
  • World Association of News Publishers (WAN-IFRA)

This statement was coordinated by ECPMF and IPI as part of 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, Candidate Countries and Ukraine.

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Rai 3 Library

Italy: Concern after authorities search Rai 3 editorial office…

Italy: Concern after authorities search Rai 3 editorial office and home of journalist

The partner organisations of the Media Freedom Rapid Response (MFRR) today express serious concern over the searches carried out by police at the offices of Rai 3’s investigative programme ‘Report’ and the home of investigative journalist Paolo Mondani. We urge the Italian Anti-Mafia Investigative Directorate (DIA) to provide assurances that the confidentiality of journalists’ sources will not be jeopardised and to reaffirm its respect for the principles of press freedom.

The MFRR joins the Federazione Nazionale Stampa Italiana, the Unione Sindacale Giornalisti Rai and the Ordine Dei Giornalisti in raising alarm about the heavy-handed actions of the DIA and the Guardia di Finanza on May 24, which led to searches of Report’s journalist’s computers and mobile phones. These searches at Rai’s offices and the home of a journalist raise serious questions about the protection of journalistic freedoms.

 

While the decision by the Caltanissetta District Anti-Mafia Directorate to revoke the search order is welcomed, we are concerned this incident is another example of the lack of respect for journalistic source confidentiality by state authorities in Italy, a right which is protected under both domestic law and reiterated by the case law of the European Court of Human Rights.

 

The raids came one day after Report broadcasted a show prepared by Mondani entitled “The Black Beast”, which was shown to mark the thirtieth anniversary of the 1992 Capaci bombing which killed renowned anti-mafia judge and prosecuting magistrate Giovanni Falcone, together with his wife and three policemen of his security detail. It examined the murder and revealed “forgotten documents” about possible links between the extreme right and the mafia in carrying out the assassination.

 

The new information related to the presence of a neo-fascist leader along with mafia bosses near the scene of the attack a few months before the crime was committed. The report suggested several mafia members had revealed to investigators the relationship between the leader of the Avanguardia Nazionale, an Italian neo-Nazi group, and the mafia, but their testimonies were never properly investigated.

 

The early morning searches by DIA agents were conducted as part of a wider investigation into the source of a leak of information to the media about prosecutors’ investigations into the Capaci massacre. Explaining its decision, the Caltanissetta Prosecutor’s Office rejected claims that testimonies were not properly investigated and said the searches were related to a “leak of judicial information” and verifying “the authenticity of the sources”.

 

While our organisations recognise the work of the DIA and all state authorities in bringing those responsible for historic mafia-related killings to justice, in this case the rush to identify the source of a leak of information was disproportionate and clearly infringed on the right to confidentiality of Mondani’s sources. The team at ‘Report have since confirmed they would have cooperated willingly with authorities.

 

The implications of these searches are serious. The protection of journalists’ sources and of whistleblowers is one of the basic conditions for press freedom and must be treated with the utmost caution. The potential violation of these principles in this case will have a detrimental effect on the willingness of sources to come forward and assist the press in fulfilling its watchdog role.

 

In this case, the actions taken against a well-known and professional investigative journalism programme such as Report also creates a chilling effect on the wider Italian journalistic community, especially among those investigating crime and corruption linked to the mafia. It is clear the initial permission to conduct the search by the Caltanissetta Prosecutor’s Office in Sicily was granted without consideration for these principles.

 

Moving forward, our organisations urge the DIA and the Guardia di Finanza to provide guarantees about the respect for journalistic source confidentiality and issue a formal apology to Rai 3, Report and Paolo Mondani. Recognition of the detrimental impact this type of searches can have on sources’ protection and public interest journalism is crucial for ensuring the trust of journalists in law enforcement authorities.

 

At the wider level, a robust and comprehensive framework for sources’ protection should be a priority of the Italian government and parliament in their mandate to improve the landscape for press freedom. We will continue to monitor the situation and look forward to seeing the response of the competent authorities.

Signed by:

ARTICLE 19 Europe

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

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, Candidate Countries and Ukraine.

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