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Candles are placed during a march in memory of murdered Slovak journalist Jan Kuciak and his fiancee Martina Kusnirova. Library

End Impunity for Crimes Against Journalists

End Impunity for Crimes Against Journalists

Access to reliable information that journalists provide civil society is the lifeblood of a resilient democracy, where a robust system of checks and balances thrives. Impunity for the killings of journalists diminishes the rule of law and press freedom. As today we mark the International Day to End Impunity for Crimes Against Journalists, we want to pay a special tribute to those reporters in Europe whose families still await justice for their murders. They were threatened, targeted and murdered for challenging the powerful and corrupt. We call on the states to redouble their political will to tackle impunity.

When Greek veteran crime reporter Giorgos Karaivaz was shot dead in Athens in 2021, the authorities committed to prioritising the case and bringing all perpetrators to justice. Yet, for two long years, there was no significant progress. While the arrest in April 2023 of two suspects marks an important step towards accountability, the case remains in a state of impunity as potential middlemen and masterminds have not been apprehended and no convictions have been delivered. Justice can only be served when all those directly and indirectly involved in planning and executing the assassination are held responsible for their actions, without exceptions. 

Greek crime reporter Giorgos Karaivaz, who was killed outside his home in Athens on Friday 9 April, 2021

Karaivaz was gunned down in front of his house in broad daylight sending a clear and chilling message to all reporters in Greece who hold power to account by exposing inconvenient truths. The abhorrent murder and the repeated failure to conduct a swift and thorough investigation is in part a consequence of inaction in the case of the 2010 murder of journalist Sokratis Giolias and came amidst numerous unresolved cases of threats and attacks against journalists. This worrying pattern ultimately underscores that despite declarations, the state continues to fall short of ensuring the safety of journalists with no concrete measures taken to improve the situation let alone secure justice. The recent MFRR mission to Greece, during which the delegation met with both journalists and public officials, further confirmed the stark erosion of media freedom in the country. We renewed our call for the authorities to dedicate additional resources and staff to the cases of violence against journalists and recognise their special nature to finally guarantee prompt, independent and efficient investigations. 

picture alliance/EPA-EFE | MATEJ KALINA

The murder of investigative reporter Ján Kuciak and his fiancee Martina Kušnírová in 2018 sparked the biggest nationwide protest since the Velvet Revolution in 1989. The public’s rage subsequently translated into a vibrant quest for change and eventually toppled Robert Fico’s government. Kuciak, who was ruthlessly shot in his own home, reported on corruption, tax fraud and shady connections between businesses and oligarchs close to Fico’s SMER party. Five years on, Fico is back as Prime Minister for the 4th time, while the families of Kuciak and Kušnírová still await full justice. 

From the start, the process has been marked by allegations of political meddling in the police investigation. While the culprits who executed and facilitated the murder have since been prosecuted and sentenced to 25 years in prison, the suspected mastermind has continued to evade accountability. Businessman Marian Kočner was acquitted in a retrial in May 2023, a decision that the MFRR strongly condemned at the time stressing the massive setback for the protracted fight against impunity for Kuciak and Kušnírová’s murder. The verdict arrived amidst a resurgence of verbal attacks on Slovakian journalists, with top politicians launching smear campaigns that continue to go unaddressed. Before the September election, the SMER party disseminated at least 174 posts targeting journalists on social media which raises further concerns about whether the newly appointed government will rise to the occasion to tackle the climate of impunity and hostility against journalists. The MFRR delegation visited Bratislava in February 2023 to commemorate Kuciak and Kušnírová on the fifth anniversary of their murder and to reaffirm our steadfast support for the victims’ families. We reiterated the call for the authorities to provide law enforcement with all necessary means to bring justice for the crimes against journalists and to strengthen punishment for attacks against journalists targeted for their work.

picture alliance/AP Photo | Rene Rossignaud

The glaring illustration of how a total absence of political will perpetuates ongoing impunity has been bluntly demonstrated in the case of Maltese journalist Daphne Caruana Galizia who was killed in a car bomb in October 2016. Incessant pressure from Daphne’s family and civil society groups resulted in the creation of an independent public inquiry to establish the circumstances that led to the journalist’s death. The final report published in 2021 found the state had to ‘shoulder responsibility’ for Caruana Galizia’s murder as it had created an ‘atmosphere of impunity’ and failed to take effective measures to protect her. The key findings included detailed recommendations on how to enhance the safety of journalists and restore the rule of law so that assassinations like that of Daphne could never happen again. Though in 2022, the hitmen were handed down harsh prison sentences, the masterminds still remain free. 

Though the report provided a historic opportunity for the Maltese government to create an enabling environment for independent journalists, and despite the repeated calls from the international community, the authorities remain reluctant to implement these vital safeguards. Civil society was not consulted in the production of draft media laws which resemble token gestures that do not offer robust and systemic reforms that are urgently needed. In addition, Malta consistently fails to address corruption and crime exposed by Caruana Galizia and other investigative journalists who operate in a high-risk environment. Daphne Caruana Galizia’s hard-hitting investigations into dirty money scandals, organized crime, and high-level government corruption earned her the nickname a ‘one-woman WikiLeaks’ – and in turn put a target on her back. Daphne was vilified, harassed and singled out as a public enemy. At the time of her death, she was facing 48 SLAPP cases. 

While the EU is still perceived as one of the safest places for journalists, year by year the various attacks are on the rise, with the most tragic examples being the assassinations of journalists. The vicious cycle of impunity tarnishes the press freedom and rule of law reputation of the authorities responsible. EU member states must genuinely engage in fulfilling their international obligations to safeguard media freedom including by redoubling their efforts and strengthening the political will to tackle impunity. In addition, they should fully implement the European Commission’s recommendation on journalists’ safety and report on their progress transparently. 

It is imperative to confront impunity for crimes committed against journalists to uphold the principles of free expression and support resilient civil society. Daphne Caruana Galizia, Giorgos Karaivaz and Jan Kuciak were brutally killed for their dedication to investigating and exposing crime, corruption, and other abuses of power that affect our communities. The assassination of a journalist seldom occurs in isolation. Instead, it is often preceded by consistent attempts to denigrate journalists and paint them as traitors to turn the public hostile towards them. We must collectively try harder to neuter and challenge vicious narratives aimed at decreasing trust in independent journalism. 

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • 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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Library

Croatia: “Anti-leaks” legislation and new media law proposal spell…

Croatia: “Anti-leaks” legislation and new media law proposal spell trouble for journalists

The Croatian government is looking to criminalize unauthorized leaks of material from criminal proceedings. While the authorities insist that the new law will protect the presumption of innocence, media professionals and numerous law experts decry the proposal, warning it will silence journalists and their potential sources. The outcry over the “anti-leak” legislation comes shortly after the Culture and Media Ministry released a proposed draft of the new media law, which media associations labeled as “unprecedented state interference in journalistic freedoms”.

In February 2023, Croatia’s Prime Minister Andrej Plenković announced changes to the Criminal Code that would criminalize unauthorized disclosure of the content of investigative or evidentiary action. The declaration followed a highly mediatised leak of text messages from January 2023, which was used as evidence in an investigation launched by the European Public Prosecutor’s Office, and ended up being somewhat embarrassing for Plenković. In the leaked correspondence, former EU Funds and Regional Development Minister Gabriela Žalac, caught up in a corruption probe over an allegedly inflated cost of software, makes a mention of a certain “A.P.”

Fast forward to September 2023. The law, dubbed ‘Lex A.P.’ in the media, after the initials of the Prime Minister, was submitted to a public consultation, and instantly alarmed journalists and law practitioners. “This law of silence that the government wants to pass is an attack on the journalistic profession and public interest,” said Hrvoje Zovko, the president of the Croatian Journalists’ Association (HND) in a phone interview with IPI.

The Prime Minister stated explicitly that the proposed changes to the law, which envisage punishment of up to three years in prison, would not target the media. However, “the proposed bill doesn’t include any protective clauses for journalists, and will dissuade potential sources from talking to them,” said Zovko. He stressed that this could make it possible to seize and search journalists’ communication tools – phones or laptops – in order to reveal the source of the leak. The Supreme Court judges also criticized the law proposal, stating that if no clause specifically stipulates the protection of journalists, the proposal leaves a possibility for them to be considered instigators or ‘guilty by association’.

The current Criminal Code already contains punishments for the violation of the confidentiality of proceedings (including evidentiary actions), as well as for the unauthorized disclosure of professional secrets, official secrets, and other secret information. This means, concretely, that a police officer can’t reveal that a defendant in a proceeding for drug trafficking is being secretly tapped, either to the defendant or to the media.

“If he did, he would be criminally liable”, explained Igor Martinović, associate professor at the Faculty of Law in Rijeka, Croatia. “But the proposed law changes would prohibit the public disclosure of any relevant information regarding the proceedings before the indictment is filed,” he told IPI in an email. “This would ban defendants from publically presenting their version of the story. If a victim, for example, submitted a video of the violence they suffered to the media, and if that video is also evidence in the proceedings, the victim would be liable for a criminal offense,” he added.

If the criminal proceedings were to start on the basis of the whistleblower’s report, the whistleblower would become a witness. Both the whistleblower and the journalist to whom he would pass on any information about the case would be in trouble. “It is difficult to predict what exactly would happen in that case, because the Act on the Protection of Whistleblowers provides for the protection of whistleblowers (…) but the atmosphere of fear would surely increase among potential whistleblowers and journalists,” believes Martinović. And while the new proposal states that the disclosure of information will be possible after the indictment becomes legally binding, that is a small comfort in a country where the judicial system is notoriously slow, and where corruption is still rampant (Croatia ranks 57th out of 180 countries on to the Transparency International 2022 corruption index).

 

New media bill on hold

At the same time, the media representatives are still waiting for updates on the new draft of the media law that the Croatian Journalist Association (HND) deemed “unacceptable”. The controversial draft suggested creating a registry (photo)journalists, with a special committee deciding on who would be approved as a (photo)journalist, and granting the right to publishers not to publish a journalistic piece without any explanation.

“This is a legalization of censorship,” said Zovko. “The draft also mentions that the journalists would be required to reveal their sources not only to their editor-in-chief but also to the publisher.” The current media law stipulates that journalists might need to reveal information on the source to the editor if the source is anonymous. Also, the courts might compel a journalist to reveal a source, if no alternative is available, to protect national security, territorial integrity, and public health.

The draft, penned by the Ministry of Culture and Media, seems to have been put on hold. “The HND sent their comments on the proposal at the end of July. We were told that the working groups would meet soon after, but nothing has moved forward since,” said Zovko.

When it comes to the “anti-leak” legislation it is yet to be debated in the Parliament. For both legislative changes, the stakes are especially high at the moment, Croatia is entering a ‘super election’ year in 2024. The country of just under four million people will vote at the European elections in June, at the parliamentary elections in August or early September, and at the presidential elections in December.

This article was commissioned by 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 and candidate countries.

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Bosnia media freedom Library

Analysis: Backsliding in Bosnia and Herzegovina as media freedom…

Analysis: Backsliding in Bosnia and Herzegovina as media freedom faces myriad challenges

Media freedom in Bosnia and Herzegovina is undergoing a worrying period of backsliding amidst a string of restrictive new legislative efforts, hostile rhetoric and denigration of journalists by public officials, and ongoing systemic challenges facing the independence of public service media.

 

By Jamie Wiseman, Europe Advocacy Officer at the International Press Institute (IPI)

These were the initial findings of a coalition of international journalists and media freedom organizations, including the International Press Institute (IPI), which visited BiH as part of a three-day mission coordinated by the Media Freedom Rapid response (MFRR) consortium on October 22-25.

The country had long experienced a stagnation in its progress for freedom or media and freedom of expression, amidst the slow fraying of the country’s constitutional framework and increased efforts by the government of one of the state’s two autonomous entities, Republika Srpska, to undermine Bosnian institutions and central governance.

However, since the country was granted candidate status for accession to the European Union in 2022, along with Ukraine and Moldova, the climate for press freedom has seen an overall decline in the past year, denting EU accession aspirations.

As the first EU progress report on Bosnia and Herzegovina since it was granted candidate status looms, Brussels is facing a complicated assessment regarding media freedom and freedom of expression due to the mixed picture emanating from within the country and its two autonomous entities.

While the situation in the Federation of Bosnia and Herzegovina is far from rosy, it is developments in the Serb-dominated entity and its capital Banka Luka which have caused the most significant backsliding and set warning bells ringing in Brussels and beyond. It is here the most serious verbal attacks and insults against journalists by public figures are occurring and where the legal framework for free media is becoming more treacherous.

The result is a national media landscape characterized by a widening divergence in press freedom at the entity-level and in which progressive legislation on media ownership transparency and state advertising all have little chance of being passed. After decades of transformation in the post-conflict era, progress has slowed to a halt and in some aspects has even gone into reverse, with worrying implications for democracy more widely.

 

Retrograde Republika

The most retrograde development is a trio of restrictive laws that have been passed or are currently under development in Republika Srpska, where entity president Milorad Dodik is steadily tightening the screws on independent media. This package of interlinked legislation is aimed at further shrinking the space for critical reporting and is contributing to a wider atmosphere of isolation amongst the small but vocal independent journalistic community.

The first law in Republika Srpska which has been passed recriminalized defamation, a second in the draft stage models Russia’s so-called foreign agent law, and a third currently under development behind the scenes would bar media from registering as NGOs, hitting the entity’s independent and investigative media. If all three are implemented, they could see journalists opened to punitive criminal lawsuits, labelled and stigmatized foreign agents, and forced to adapt their business models or re-register outside the Republika Srpska. Taken together, they could pose an existential threat to what remains of the small pool of independent media trying to hold power to account. Some non-profit media and civil society organizations have already begun to relocate outside the entity boundaries. If more follow suit, citizens could be left more in the dark than ever. While constitutional court challenges are likely, implementation of the decisions are by no means guaranteed.

It is no accident that the trio of laws are being brought forward in close proximity. The legal developments are set against a backdrop of wider democratic backsliding in the entity led by president Dodik, who is seeking to shore up his power after the recent election win met with widespread allegations of fraud. They also represent an extension of the already common verbal attacks and hostile rhetoric by public figures including Dodik, an Orbán-backed president who has labelled critical journalists as traitors and enemies of the state working against ethnic Serb interests.

When questioned about this rhetoric, government officials play down the matter. However, this harsh rhetoric used by Dodik and his allies to malign those who continue to publish critical reporting on unearth revelations is contributing, along with pending legal changes, in the creation of a more hostile climate. Self-censorship, already widespread amongst the wider journalistic community, would likely increase due to the chilling effect of the laws.

Recent pressures on journalists include the interrogation of Nikola Morača, who works for the newspaper EuroBlic and the portal SrpskaInfo. Several editors and journalists were also pressured by the police to reveal their sources. Cars belonging to Morača and the editor of the Buka news portal, Aleksandar Trifunović, were also vandalized. Before investigations were launched, Dodik publicly accused the journalists of orchestrating the attacks on their cars themselves.

Though direct acts of censorship are rare in the wider media landscape, reporting is highly politicized and coverage is skewed heavily in favour of the government. Although determined and high-quality independent journalism is being conducted in Republika Srpska, these private media are increasingly marginalized and face challenges threats to their work and funding. The psychological toll on individual journalists is clear to see.

Public media are also under pressure. For years, Dodik governing party the Alliance of Independent Social Democrats have wielded undue influence over the regional broadcaster, RTRS, through the appointment of politicized individuals to its oversight bodies. Under this management, RTRS has violated national law by refusing to hand over millions of euros in money from the licence fee collected in the entity to the national broadcaster BHRT.

Though the passing of the recent decriminalization of defamation sparked increased public interest in the work of journalists in RS, there is a sense that the public and civil society – which also works in a precarious legal situation – are intimidated into speaking up to defend what remains of free media.

 

Federation flaws

While developments in Republika Srpska are causing the most alarm, the situation in the other federal entity, the Bosniak and Croat-dominated Federation of Bosnia Herzegovina, is far from rosy.

In Sarajevo canton, one of the ten cantons which make up the Federation, the government introduced a new draft law ‘on Public Order and Peace’ that would empower the police to sanction anyone spreading “fake news” including online. This law expands the definition of a public place to the internet and would allow for fines of up to 7,500 euros for media found to have disseminated false news or “disparaged state authorities”. Though the draft appears to be on ice amidst outcry from journalists groups and international organizations, the public consultation and working group remain intact.

The BiH Journalists Association has also documented several worrying cases of verbal and online threats against journalists working in the entity in the last year. Political pressures on the public broadcaster remain an issue and the economic picture for independent journalism remains highly challenging, with over reliance on status subsidies often undermining editorial and institutional independence of media outlets. While serious challenges remain, the reality is that journalists working in the entity and the capital Sarajevo are subjected to fewer pressures than those working in Republika Srpska.

 

National level

Amidst a political climate riven with ethno-nationalist agendas, national-level policy making which would improve media freedom is proving increasingly difficult, while some recent legislative changes have been problematic.

The BiH Journalists Association has long called, for example, for a new law to bolster media ownership transparency, including of beneficial ownership, to help address the proliferation of obscurely owned blogs and websites which publish disinformation and defamatory content. They have also proposed a new law to regulate the transparency of public advertising campaigns in media, which have often been distorted into a form of clientelism. Both laws have been proposed for years and recommended by the EU, though no progress has been made due to a lack of national political consensus.

The safety of journalists also remains a key national issue, particularly the low rate of prosecutions of those who threaten the media. According to the BiH Journalists Association, only 25% of the cases involving journalists in the whole BH have been fully investigated. While the establishment of contact points within all police and prosecutors offices is a welcome step forward, thanks largely due to the efforts of the EU and OSCE, integrated institutional follow-up and prosecutions remain an issue across the country. The establishment of a national registry of attacks on journalists is another positive step, as are recent trainings of police officers about the rights of journalists. Their impact remains to be seen. While the number of violent incidents or threats against media remains relatively low compared to regional neighbours, the lack of justice undermines the sense of security for journalists.

Due again to a lack of cooperation between two entities, a proposed national working group for the safety of journalists – which would bring together national and entity-level police, prosecutors, journalists associations and others to review and track cases – has yet to see the light of day. While authorities in the Federation remain largely open to the idea, the potential cooperation runs contrary to the current political agenda in Republika Srpska.

Meanwhile, the national public broadcaster BHRT remains locked in a period of perennial crisis due to the blocked access to legally mandated licence fee funding, undermining its institutional stability and independence. Though the broadcaster narrowly avoided collapse in April 2022 thanks to a rescue package, its future is still uncertain. The withholding of licence fee money by Republika Srpska’s regional public broadcaster, RTRS, has deprived it of millions of euros in much needed funding. Though this clearly violates the 2005 public broadcasting law, the economic suffocation continues. The national broadcaster remains straddled by high levels of debt and the psychological pressure on its overworked staff is immense.

Elsewhere, the independence of the national Communication Regulatory Agency (CRA) also continues to be undermined by the politicized appointments of its director and the non-appointment of its management council. The selective approach of regulatory actions by the Agency have raised concerns, though these problematic decisions remain rare. Both institutions – the BHRT and CRA – are held back by competing nationalist agendas.

The legal framework for Freedom of Access to Information (FOI) at the national level was also weakened due to recent legislative changes in July 2023. Journalist groups complained the changes would significantly limit access to information of public interest due to the long list of exceptions public authorities could use to deny the release of data, adding onerous new hurdles for journalists and undermining transparency. Comments and recommendations from media and civil society were largely ignored, and the Ministry also did not follow recommendations by the European Commission to create a new independent body to oversee supervision of the implementation of the law.

Public interest journalism is being conducted by dogged journalists, and there is a healthy sense of solidarity between independent journalists in the country in the face of hardship. However, this unity is also too often divided down ethnic lines. Continued professional reporting in the television market by stations including N1 and Al Jazeera Balkans offers citizens high quality information. The online media market also includes a number of independent media houses. Investigative journalism, though underfunded, is being conducted by media like the Centre for Investigative Journalism and others. Yet overall, the media market remains fragmented, polarized and financially imperiled. The challenging economic outlook for journalism and weak labour protections for journalists pile further pressure on media workers.

 

Complex picture

The many political, economic and safety challenges facing independent journalism and media freedom in Bosnia and Herzegovina are set against a political landscape in which the forces of ethnonationalism are increasingly fraying the constitutional foundations of the state and acting as a maelstrom in which democratic values are being degraded. The gap between the health of press freedom in its two regional entities continues to widen. Worryingly, this overall backsliding on media freedom is occurring at the same time as the country strives for progress in its first report from the EU since it was granted official candidate status.

Continued international support for media freedom in BiH will be vital moving forward. Both the EU and the OSCE are actively engaged in media freedom in the country and appear to be working as best they can within their mandates to support independent journalism. Continued legislative consultation and financial support are crucial. However, given the growing severity of the issue in Republika Srpska, a stronger and more vocal opposition to these media laws is needed, particularly from the EU. Potential accession to the bloc is widely seen as the biggest tool for leveraging progress on media freedom and freedom of expression. The EU must use this leverage to more forcefully require changes, with more detailed recommendations. Real progress on media freedom and human rights in BiH cannot be sacrificed in the name of wider geopolitical considerations.

Achieving democratic improvement on media freedom in Bosnia and Herzegovina will be no easy task. The experience of previous years has already proven as much. In reality, progress moving forward will require concerted political will from leaders at both the entity and national level, as well as a willingness to put nationalist agendas aside to engage in cooperation on EU-guided reforms. While there are positive signs that this coordination on media freedom can be achieved in some formats, it so far remains far too limited in scope. As the EU progress report looms, the spotlight will likely put these many challenges into even sharper focus. All eyes will then be on how the government responds.

This analysis by IPI is 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 and candidate countries. 

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Library

Threats to Journalists must be addressed by institutions in…

Threats to Journalists must be addressed by institutions in Serbia

The host of the “Good, Bad, Evil” podcast, Nenad Kulacin is again the target of threats. The last threat to the presenter was sent via social networks from an anonymous account. The SafeJournalists Network (SJN) and the Media Freedom Rapid Response (MFRR), as organisations dedicated to protecting media freedom and the rights of journalists, are concerned about the rising threats targeting the presenter, and note that the competent institutions in Serbia have not yet determined the identity of any perpetrator in the cases that have been reported since the beginning of the year.

We emphasize that threats to journalists and media workers in Serbia are an almost daily occurrence that endangers their safety. Accordingly, we call on the authorities in Serbia and the international community to condemn these threats, and the institutions in Serbia to protect journalists and sanction the perpetrators of such threats.

Nenad Kulacin reported eight threats to the prosecutor’s office this year, and to this day only one decision has been made to dismiss the criminal complaint, while the other cases are still before the prosecutor’s office. Some of the threats also referred to his colleague Marko Vidojkovic or his family members. For example, the last threat that Nenad Kulacin received via social networks from an anonymous account also referred to his brother. The account “Sacha Pariss” threatened Kulacin with insults, while mentioning his hometown and his brother.

In October 2021, the mother of Kulacin was also attacked in Bor, when a person verbally attacked her and said: “Your son should be hanged.”

Also, earlier pro-government tabloids ran a campaign against Kulacin, where he was characterized as a “leading ideologue of the opposition”, “Dragan Solak’s favorite editor” and “Dragan Djilas’s poodle”, and unknown persons put up posters with his address in Belgrade on it.

Nenad Kulacin and Marko Vidojkovic, the hosts of the satirical podcast “Good, Bad, Evil”, have been receiving threats for years because of their work. In addition to anonymous threats, the outgoing mayor of Belgrade, Aleksandar Sapic, also threatened the presenters a few years ago. He said that he would “rip out the heart” of Kulacin and Vidojkovic when he met them on the street, but the institutions did not recognize these words as a threat and decided to dismiss the criminal charges.

 

Kulacin and Vidojkovic have been suffering serious threats for a long time. As a result, Vidojkovic was relocated from his home, through a scheme provided by international organizations, while Kulacin refused to move.

Inaction by state institutions, tabloid smear campaigns and public threats by government officials create a hostile atmosphere in which attacks on those critical of the government are normalised and even encouraged, which has a serious chilling effect on free speech and independent reporting.

Due to all of the above, SafeJournalists Network and Media Freedom Rapid Response call on the authorities in Serbia and the international community to condemn these threats, and institutions in Serbia to process all reports raised by journalists and to act urgently in such cases in accordance with the mandatory instructions of the Supreme Public prosecutor’s offices and in this way send a message that they stand up for the protection of journalists and media workers, but above all, respect democratic values and international commitments, such as the protection of freedom of speech.

Signed by:

SafeJournalists Network

  • Association of Journalists of Kosovo
  • Association of Journalists of Macedonia
  • BH Journalists Association
  • Croatian Journalists’ Association
  • Independent Journalists Association of Serbia
  • Trade Union of Media of Montenegro

Media Freedom Rapid Response 

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

This statement was coordinated by the SafeJournalist Network and 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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Emilia Șercan Library

Media freedom groups demand renewed investigation into crimes against…

Media freedom groups demand renewed investigation into crimes against Romanian journalist Emilia Șercan

In an open letter to the Romanian General Prosecutor the MFRR partners have condemned the negligent and error-strewn investigation into the crimes committed against journalist Emilia Șercan.

Prosecutor General of Romania, Mr. Alex Florin Florența

First Deputy Prosecutor General of Romania, Mr. Aurel Sebastian Vălean

 

Dear Prosecutor General, Alex Florin Florența, and first Deputy Prosecutor, Aurel Sebastian Vălean,

We are writing to express our deep alarm about the failure to effectively investigate and prosecute the criminal acts against journalist Emilia Șercan and the news that the ‘resolution’ of the case is imminent.

According to our information the investigation has been riddled with negligence, delays, obfuscation and evident breaches in procedure and in the rights of the injured party, resulting in a failure to establish the suspected perpetrators. As a consequence, any ‘resolution’ of the case is likely to mean its closure.

Should the case be closed without a prosecution, the conclusions to be drawn must be that the failure was a result either of incompetence and neglect, or a deliberate effort to cover up a crime that evidence suggests may have involved a senior police figure.

Regardless, Emilia Șercan, a respected and dedicated journalist, will have been denied justice by your offices.

Such negligence is even more unacceptable given that the crimes were most likely committed as part of a politically orchestrated smear campaign after Șercan had revealed over several years that leading members of the government, judiciary, security services and the military had plagiarized their academic theses.

The crimes against Șercan started straight after she published revelations, on January 18, 2022, that Nicolae Ciucă, President of the Romanian Senate who was at the time Prime Minister, had plagiarized his doctoral dissertation.  The following day Șercan received a message threatening revenge for the exposure that she reported to the police.

One month later, Șercan discovered through a Facebook message that five private photos of her had been published on 31 adult websites.

The following day, February 17, 2022, Șercan filed a complaint for theft (of photos) and violation of privacy (publication of photos) and provided a screenshot of the Facebook message as evidence to the Romanian police.

Forty minutes after she left the police station a Moldovan website published a smear article on Șercan accompanied by the five stolen photos and the screenshot of the FB message provided to the police.

According to Șercan, only the police had received the screen shot, and therefore the Moldovan website can only have obtained it via a police leak.

The smear article was subsequently posted on 78 more Romanian websites. At least one of the five images remains accessible through 68 different websites today.

The subsequent investigations included the following failures:

  • It took 14 months for the investigators to interview the six senior police chiefs alleged to have received copies of the original evidence (including the FB screenshot) and who may therefore have been the source of the leak. The identification of the six police chiefs was done, not by the prosecutor, but by Șercan using Freedom of Information requests.
  • The investigators failed, at first, to interview owners of the websites that posted Șercan’s photos as key witnesses. Following protests from Șercan, the prosecutors finally conducted interviews with three site owners, but they failed to notify and invite Șercan’s lawyer to attend the witness interview. Denying access to the injured party’s lawyer is a clear breach of Romania’s criminal law.
  • Upon appeal the Chief Prosecutor of the Bucharest Court of Appeal refused to repeat the interviews in the presence of Șercan’s lawyers, another breach of the criminal law.
  • Șercan’s Lawyer was denied access to some of the case file documents that were classified as ‘strictly secret’ by the intelligence services, despite being certified to access such documents.
  • The investigators presented evidence that another website, patrianoastra.com, had posted the screenshot of the FB post five hours before Șercan filed her complaint with the police. Such evidence, if true, would help clear the police of leaking the screen shot and photos. However, the investigators then refused a request to involve independent technical experts to examine this new evidence to determine the exact timing of the publication. Refusing the request for an independent examination is another procedural breach and renders this evidence highly unreliable. Moreover, reports by Qurium Foundation and Bitdefender conclude that the site falsified the dates of publication to a day earlier than actually published.
  • Meanwhile the crime against Emilia Șercan remains ongoing. Șercan made four separate requests to prosecutors to remove the photos, all of which went unanswered. It was only after a public appeal by 19 Romanian NGOs in July 2023 that the owner of the website with all five photos removed them, and not as a result of official action. Finally, on October 10, 2023, a full 20 months after the start of the crime and following a fifth request for action, the First Deputy Attorney General informed Șercan that they would start measures to “suppress the dissemination of the disputed photos in cyberspace”.

On October 10, Șercan was also informed by the First Deputy Attorney General that the file would be ‘resolved’ by the end of October. With nobody identified as a potential suspect, Șercan believes this can only mean the prosecutor intends to close the file with no further action.

Such a decision would be personally devastating for Emilia Șercan. It would also send a clear message to all journalists in Romania who attempt to expose crime, corruption or hypocrisy at the heart of government that the Romanian judicial system cannot be relied upon to protect them from criminal acts.

We therefore call upon you to do the following:

  • Take the immediate legal measures with due process, necessary to end the ongoing crime against Șercan by ensuring the stolen photos are no longer accessible online.
  • Fulfill the request made by Emilia Șercan to transfer the case to the General Prosecutor where a new team with the resources, the expertise and competence necessary can conduct the investigation to its conclusion.
  • Launch a separate investigation into the failures of the current investigations, the breaches of procedure and the possibility of a deliberate cover up.

We look forward to reading your response soon,

Signed by:

  • European Centre for Press and Media Freedom (ECPMF) 
  • European Federation of Journalists (EFJ) 
  • International Press Institute (IPI) 
  • Free Press Unlimited (FPU) 
  • OBC Transeuropa (OBCT) 
  • Reporters Without Borders (RSF) 
  • ActiveWatch 
  • Center for Independent Journalism

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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Library

Bosnia and Herzegovina: Media freedom in survival mode

Bosnia and Herzegovina: Media freedom in survival mode

Following a press freedom mission to Bosnia and Herzegovina from 22-25 October 2023, the partner organisations of the Media Freedom Rapid Response (MFRR) warn that media freedom in the country is in decline against a backdrop of new restrictive laws, hostile rhetoric and denigration of journalists by public officials, and ongoing systemic challenges to the independence of public service media.

While the country had long experienced a stagnation in its progress for freedom of the media and freedom of expression, the situation has seen an overall decline, even as the country was granted candidate status for accession to the European Union in December 2022. The MFRR organisations express their greatest solidarity with the journalists and media outlets who are working in a suffocating environment and poor working conditions.

During the three-day mission, the delegation met with a number of political and media stakeholders both in Banja Luka, Republika Srpska (RS), and in Sarajevo. We regret that RS President Milorad Dodik did not respond to our requests for a meeting.

 

Package of restrictive laws

The delegation closely examined the package of restrictive laws that have been passed or are currently in development or discussions in RS, where entity president Dodik is steadily tightening the screws on independent media and civil society organisations.

Firstly, the recent recriminalisation of defamation, passed by the Republika Srpska National Assembly in July 2023, made defamation a criminal offence with penalties including fines equivalent to 3,000 euros. While this legislation is modelled on similar problematic laws from around Europe, its impact in RS is exacerbated by broader lack of independence of the judiciary and prosecutors. Although the final text of the law was an improvement on the initial draft, the end result remains in violation of international human rights standards. The delegation welcomes the commitment given by the President of the RS National Assembly to conduct a review of the law one year after its passing to assess its impact on journalists. Our organisations are ready to contribute to such an assessment in partnership with local journalist associations.

A second so-called “foreign agent” law has passed the first vote within the National Assembly. If ultimately adopted, the legislation would require nonprofit organisations funded from abroad and active in the Bosnian Serb entity to register and report on their work. Media NGOs, which enjoy greater independence under this status, are targeted by this legislation, which is designed to stigmatise and further burden them with financial and administrative reporting.

The delegation was informed of a third legal initiative to develop a new media law in RS, that is being conducted in a non-transparent process with no proper structure or appointment procedure for the working group, posing questions over its legitimacy. Information passed to the delegation suggests this law would in particular restrict media outlets from registering as NGOs.

This package of interlinked legislation is aimed at further stifling the space for critical reporting and is contributing to a wider atmosphere of pressure and isolation amongst the journalistic community in Republika Srpska. When viewed together, the laws pose an existential threat to the future of independent journalism in RS.

At the Sarajevo canton level meanwhile, a new draft law ‘on Public Order and Peace’ would empower the police to sanction anyone spreading “fake news” including online. This law expands the definition of a public place to the internet. We urge the authorities to withdraw this dangerous piece of legislation, which includes vague definitions which would leave the door wide open to abuses and seriously undermine freedom of expression.

 

Safety of journalists

Regarding the safety of journalists, the mission met with several  journalists who have been attacked because of their work, in both Banja Luka and Sarajevo. Many of the investigations into these attacks have still not been completed, mirroring a wider trend. According to the BH Journalists Association, only 25% of the cases involving journalists in the whole BH have been investigated and the rate of prosecutions remains problematic.

While physical attacks are relatively rare, verbal attacks and insults directed towards journalists by prominent politicians remain a concern. This hostility and harsh rhetoric against journalists sends a signal to the public that journalists are legitimate targets of violence and scapegoats.

The Free Media Help Line of the BH Journalists Association has had a positive impact, and the establishment of contact points within all police and prosecutors offices is a welcome step forward that was finalised by the efforts of the EU Delegation and the OSCE Mission to Bosnia and Herzegovina. However, ultimately there is a continued lack of systematic and integrated institutional follow-up for all cases. The establishment of a standing working group for the safety of journalists is the next step for creating an integrated institutional response, and we welcome the commitment of the Main Prosecutor in Canton Sarajevo to participate in such a body.

 

Regulatory framework and public service media

The public broadcaster, Radio and Television of Bosnia and Herzegovina (BHRT), remains locked in a period of perennial crisis due to the blocked access to legally mandated lice fee funding and the lack of a sustainable funding model, undermining its institutional stability and independence.

The independence of the national Communication Regulatory Agency continues to be undermined by the politicised appointments of its director and the non-appointment of its management council. The selective approach of regulatory actions by the Agency have raised concerns, though these problematic decisions remain rare.

The legal framework for freedom of access to information has been weakened due to recent legislative changes, providing public authorities more opportunities to deny the release of data, adding onerous new hurdles for journalists, and undermining transparency. Overall the media market remains highly fragmented and real media pluralism is weak.

 

The crucial role of international community

Journalists and civil society organisations representatives that we met during the past two days expect more from the international community. The mission heard repeated concerns that in the process of ticking boxes for the progress of the country towards accession to the EU, media freedom risks being overlooked for considerations such as stability and security.

Given the fears that the situation in Republika Srpska will spill over the Federation of Bosnia and Herzegovina, we urge international organisations to unify positions, use their diplomatic leverage to defend media freedom in the whole country and always stand in solidarity with journalists and media outlets. We call on the EU delegation to make media freedom and freedom of expression a high priority in the accession negotiations.

The delegation was composed of ARTICLE 19 Europe, the European Federation of Journalists (EFJ), Free Press Unlimited (FPU), the International Press Institute (IPI), the Osservatorio Balcani Caucaso Transeuropa (OBCT), as well as South East Europe Media Organisation (SEEMO) and was supported by the journalists’ association BH Novinari.

A full report including detailed findings and recommendations will be published in the coming weeks.

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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MFRR Monitoring Report - Jan June 2023 Library

Monitoring Report – 575 media freedom violations in the…

MFRR Monitoring Report – 575 media freedom violations in the first half of 2023

Today the Media Freedom Rapid Response (MFRR) publishes the latest edition of the consortium’s monitoring report, compiling and analysing all media freedom violations recorded on Mapping Media Freedom between January and June 2023 in all EU Member States and candidate countries.

In the six month period, the MFRR partners recorded 575 media freedom violations in European Union Member States and candidate countries, involving 844 individuals or media outlets. 307 of those took place in EU Member States, while 268 occurred in candidate countries.

 

In the EU the most common type of attacks were verbal attacks (35.8%) such as insults and discrediting of journalists, to which this report dedicates one of its thematic chapters. Legal attacks were the second most prominent category (24.8%), followed by physical attacks (21.2%), attacks on property (16.9%), and censorship (14.3%).

 

The current monitoring report offers an overview of the media freedom situation across the EU and candidate countries in the first half of 2023 and it starts with a thematic chapter on the crackdown on independent media in Turkey amidst devastating earthquakes and national elections that took place at the beginning of the year, followed by a chapter on the war in Ukraine and its repercussions on media freedom.

 

The report also covers the rise in attacks on journalists and media workers by police officers and security forces and, as mentioned earlier, the rise in the discrediting of journalists and reputational attacks against them to hinder their work.

 

The report is divided into the following chapters: an overview offering data and graphics about the press freedom situation in the EU and in candidate countries in 2023, four thematic sections with quantitative and qualitative analysis regarding the aforementioned topics, and country reports offering a summary of the most relevant threats in the following EU countries: Italy, Poland, Hungary, Bulgaria, Greece, Germany, and France; and in the following candidate countries: Bosnia and Herzegovina and Serbia.

 

You can download the report in full using the button below.

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 and candidate countries.  

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Library

Poland’s unfair election reinforces demands for Europe-wide Media Freedom…

Poland’s unfair election reinforces demands for Europe-wide Media Freedom Act

As the European Parliament, Council and Commission enter the final negotiations on the EMFA, media freedom and human rights groups today call for the adoption of the Parliament’s  text, which, while also in need of further strengthening, is currently the version best equipped to  roll back the creeping spread of media capture.

The recent elections in Poland underscore the need for a strong EMFA. The opposition won a majority, despite the fact the governing PiS party “enjoyed clear advantage through its undue influence over the use of state resources and the public media”, according to an interim report by the Organization for Security and Cooperation in Europe (OSCE).

 

The recent report Media freedom at a crossroads by the Media Freedom Rapid Response (MFRR) following a pre-election mission in early September highlighted the extent of political capture of the media in Poland including:

  • Converting public media into the propaganda arm of the government.
  • Weaponizing media regulators to issue arbitrary and punishing fines while threatening license removal of independent and critical broadcast media.
  • Taking over the largest regional media network through the state-controlled energy company, leading to a swift clear out of editors, who were replaced by pro-government figures.
  • Abusing of state finances to:
    • withdraw crucial advertising funds from critical media and redirect it to pro-government outlet
    • fund an unprecedented wave of vexatious lawsuits, or SLAPPs, against critical journalists.

In the case of Poland, state-led media capture was not yet extensive enough to fully control the news and information space, with private independent media demonstrating high levels of resilience. This is in part due to the financial strength of Polish media operating in a significantly larger market than in many other EU countries. However, there are not sufficient safeguards in place to prevent further capture.

 

The electoral defeat of PiS does not diminish the threat of media capture, particularly in countries where smaller markets can leave media much more vulnerable to state pressure, and must not distract European policy makers from building the necessary safeguards regardless of whichever governments are in power.

 

If the EU is serious about protecting media freedom in Europe, and thereby ensuring free and fair elections, it must adopt the European Parliament’s position on the EMFA with all its safeguards related to surveillance, public service media, ownership transparency, editorial independence, independent national and Europe wide media regulators, media pluralism and the misuse and abuse of state funds.

 

With European elections due next year, the EU must act now to establish the rules, principles and standards necessary to protect against the further and future erosion of media freedoms in Europe.

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)
  • Association of European Journalists (AEJ Belgium)
  • Global Forum for Media Development (GFMD)
  • Society of Journalists, Warsaw

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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Event

Webinar – Assessing the quiet press freedom gains in…

Assessing the quiet press freedom gains in Bulgaria

31 October, 11:00 CEST.

In the last two years, Bulgaria has undergone a subtle yet steady period of improvement in press freedom. Long ranked among the worst countries in the EU for media freedom, the Eastern European country is finally now experiencing an upward trajectory after years of stagnation. After the formation of a coalition government following a protracted political crisis, there is cautious hope amongst the journalistic community that this positive momentum can now be consolidated. However, engrained challenges regarding media ownership, lawsuits and the safety of journalists continue, and recent gains are fragile.

 

In this webinar organised by the Media Freedom Rapid Response (MFRR), we’ll hear from a leading newspaper editor, a media expert and press freedom advocate, and one of the country’s top media lawyers about the major developments in the last year, to ask about the conditions behind the subtle improvements in the press freedom environment and examine the many outstanding challenges that remain. The MFRR webinar will also look at the impact that the EU Commission’s planned European Media Freedom Act (EMFA) could have in Bulgaria and review the push to legislate against SLAPPs.

Moderator

Jamie Wiseman

Advocacy Officer at International Press Institute (IPI)

Speakers

Antoinette Nikolov

Director of Balkan Free Media Initiative, former journalist at bTV

Alexander Kashumov

Leading media lawyer

Velislava Popova

Editor-in-chief of Dnevnik

Omer Benjakob Library

Reporting surveillance: The experience of Omer Benjakob

Reporting surveillance: The experience of Omer Benjakob

Investigative tech reporter Omer Benjakob, member of the desk behind the publication of the cybersecurity focused newsletter NatSec+ for the newspaper Haaretz, speaks to OBCT/MFRR about the challenges of covering the surveillance tech industry in Israel, one of the countries that has developed this industry the most.

 

Interview by Dimitri Bettoni, originally published by OBCT

Why did you decide that cyber security and surveillance deserved special coverage through your newsletter?

Media generally have been recovering technology the wrong way for a long time, as geek culture or through financial lenses. In Israel even more, because it’s a startup pornography nation. The idea of our desk is to consolidate a focus on technology and to make sure it’s coming from a political perspective. We’ve always been exposed to the Israeli high-tech scene, learning a lot about the offensive cyber industry over the past few years. But cyber is an empty word, it just means digital. The point is that we don’t yet have a language to talk about it. While we were familiarising with these cyber firms, we understood little of what they were and what they were doing. Of course, we reported that Israel was selling technologies to other countries, but digital weapons are not the same as selling an antivirus to Saudi Arabia, right?

When we joined the Project Pegasus, we learned more about digital arms, traded with government oversight for political reasons. It’s also when we understood that we have to work together, and that our ability as journalists to collaborate is really important because these surveillance firms are multinational trying to hide their fragmented operations: they produce the technology in Israel, the seller might be a Belgian businessman, the client might be Indonesian. You can’t cover the whole story alone, so working together really helps, because everyone has different skill sets. There’s a trend in journalism, what the New York Times calls visual investigations  , which I think is a pretty good term, or what Bellingcat calls open-source investigations. Which is not exactly what we do: our desk is an open-source investigation desk focused on technology from a non-technological perspective. This is our mandate and what we try to do in our NatSec+ newsletter.

 

Take us a bit more into your newsroom. How many people are there? What are the different tasks and skills that you put in place? How do you cooperate each other, so I’ll get the picture of

Our desk is de facto a 3-man investigation team, with different sets of skills. Oded Yaron is the person leading this to operation, he covers arms technology and he’s our open-source expert in terms of documents, corporate structures, all these stuffs, very classic, hardcore Osint work. The editor of the Newsletter is a man called Avi Sharf and he’s been Haaretz’s expert plane watcher for many years. We used to treat plane watching only as leads, to feed other reporters, now it’s a stand-alone. And I do cyber and human, I deal with sources, and I try to corroborate the leads we get from the open-source activities, and that’s a really important thing. There are a lot of desks that are doing open source-work only, Bellingcat doesn’t talk to people. We’re trying to bring this digital know-how back to the core of journalistic practice. Plus the moment you open up to thinking of the digital space as a political space, it’s really like you have more stories than time.

A small example, one of the beats that I’m really involved in covering, is Wikipedia. It is not just an online encyclopaedia, but also an open-source arena, right? So I’m looking at the actual editors, who they are, and map the people trying to influence the public discourse in Israel. Wikipedia feeds Google, feeds ChatGPT, if you can manipulate that, it has massive effects. Wikipedia is seen as a geek culture product, no one would ever think it’s connected to surveillance, but it is another example of a technological arena with high political stakes. The challenge for a newsroom is that it takes time to understand and adapt the meta-narratives, then put forward coherent stories that will educate not only the public, but also the newspaper itself to think about these stories in a different way.

 

Can you elaborate more on this different way? How would you advise another young journalist covering these topics?

It touches on the key point of education. I think the biggest problem with technology is that it is wrapped up in this discourse of innovation, which prevents the public from understanding it, but also prevents journalists from properly covering and working with it. You ask any person in the public what they think about the proliferation of nuclear weapons and they have an opinion, even though they have no clue how nuclear fusion works. When it comes to digital technology, people will tell you that they don’t understand how it works, so I don’t have answers. I think it doesn’t matter how it works. We’re trying to move away from a discourse that comes attached with technology and says this is new, innovative, cutting edge, and we can’t regulate it because we don’t understand it. This stuff is new at some level, but it doesn’t pose a new regulatory problem. We’ve been regulating arms for close to a hundred years, you can’t buy a nuclear bomb on Amazon and that’s great. Let’s reach a point where you can’t buy digital spyware technologies in this manner. We’re not even having this discussion!

But I think the big lie with covering technology is that it is nowhere. Think of how we conceive cloud technology. No, cloud actually means servers in Iceland. If you’re covering cloud hacking, somewhere there’s an office, there are people. Many times, technology reporting is much easier than other fields because people in the business don’t perceive themselves as part of the defence apparatus. If I were to reach out to the head of the IDF’s military technology unit, he would hang up the phone. But if I’m calling a company whose clients are in the military, they think of themselves as a company, and they have a very specific vision of a journalist: as a troublemaker, or someone coming to do PR for them. The work is to break that dichotomy, people respond well if you know what the company does and you’re able to create a dialogue. Plus, they think they’re saving the world, right? That they’re inside this ethical tech club, they’re making the world a better place and they’re proud of what they do. You have an entry point here, because you can reach out to them, and they usually respond.

Of course, as an Israeli I was lucky, I come from a small country in which I am part of the élite: I’m white, I’m Jewish, and I’m from Tel Aviv. While some of my friends decided to go into media, many others did not, so there’s this elitist network all over this small country that you can tap into, which also includes family. But I still get tons of pushback, it’s okay that the people I write about disagree with me and explain that not all surveillance is bad and the like. It’s very important not to hide behind the keyboard, for example by making requests for comments face to face.

 

There is an urgence to define the ethics of surveillance technologies. How would you discuss that within your group?

The main challenge of our times is that we must not let the tech firms dictate the ethics of journalism. Such a debate would be completely linked to their desire to stay untaxed and unregulated. I know reporters who will tell me they would never use an avatar or fake accounts because it’s unethical due to the platform’s terms of use. Who cares, they’re not part of our ethical debate, they’re for profit companies. As journalists, ethical dilemmas are to be discussed with your editor, and each newspaper has their own ethical autonomy.

The other interesting ethical debate is that not all surveillance is evil. If you were to look at the field there, everyone thinks NSO is terrible. In that sense I have a quite conservative position. I don’t think we should ban spyware and I’ve become convinced that it’s a legitimate form of technology that we want governments to have. We want to be able to track people who smuggle, who turn women into sex slavery, and track revenge porn. We want that technology and we need the law and the international understanding to govern it. What is not legitimate is that military-level technology is being privatised and sold on the market. That is a massive problem.

 

Governments were responsible for serious abuses. Can journalists or others be targets of legitimate surveillance by law enforcement agencies?

In our ethical debate, we thought spyware is terrible and, post Pegasus project, we realised that all governments use it. Now we’re at the very phase of legal versus not legal, which I find childish. Let’s take the Spanish example: the government lawfully used spyware against the Catalan movement  . Whatever your political opinions are, they’re not blowing up buses, you might hate it, but it’s a political movement, not an armed military uprising, right? Then you have the Moroccan spying  on the Spanish government, unlawfully we say. So the issue is not about lawfulness, in a context where national security is the skeleton key concept that is being used to justify almost everything. After many investigations, we realised that a lot of surveillance practices are not illegal at all. Instead, it should be shameful for a person to sit in a meeting with the politician and say they also have 500,000 avatars to twist the public debate. The normative approach lacks the ability to create stigmatisation of bad surveillance abuses. We need public debate for that.

 

In Israel, how the context affects people’s mentality and approach to the idea of technology as a saviour or a threat?

If Edward Snowden  ’s case would have happened in Israel and he finds me, saying “I have a great story and I have documents: Israel is listening to everyone”, I’d respond “Great, but what’s the story?”. Israeli society is extremely jaded. People believe they’re under surveillance and they have zero problem with it, because they know the person surveying is their brother or cousin, and they accept that they must give up personal freedoms or that their rights might be exploited. This challenging mentality shapes the background of a lot of our journalistic work.

The second problematic aspect is that it creates an ethical framework in which a lot of Israelis think that whatever is good for Israel, maintains Israel’s security, or improves Israel diplomatic standing is okay. NSO sold surveillance tech to Saudi Arabia, and Saudi Arabia did terrible things with it. It’s fine, because maybe soon Israel will make peace with the Saudi. Pegasus was in the backyard of the Abraham Accords  . We call it cyber diplomacy, the focus is not who you sell to or what they do with it, the problem is if it’s good or bad for Israel. This is the only question that matters.

Third interesting point is that all of my sources in all of these cyber firms belong to the Israeli left wing liberal standards: pro Lgbtq+, concerned by the environment, none of them is pro Netanyahu, and in theory they support peace and a government that was advancing a two-state solution of the Israeli-Palestinian conflict. But they think that if these tech trade agreements allow Israel to make peace with the Arab world, it’s a good thing. It’s an extension of a logic that is directly connected to the occupation [of the Palestinian Territories, ndA]. Within the army culture, there’s a say, which is called the good soldier at the checkpoint. Somebody needs to be at the checkpoint, and the question is if it’s going to be a nice white liberal, or an angry racist right winger. And the answer is that it’s always better that it be someone like me. I did go to the army, even though we didn’t support the occupation, because it’s better for us to be there. And this logic continues into the tech space.

 

And into journalism as well?

The Israeli media is very much connected to the army and the military radio is where a lot of young journalists start. This also makes us very knowledgeable about the military. Organically we’re all experts, we all have inside sources, and so on.
The army’s ability to control the narrative in Israel is reduced because I can always call my cousin, who’s on the front line right now, and he’ll tell me what’s happening. In that sense we’re perceived as a threat because we’re now exposing Israel’s military-industrial complex, and we’re doing it in a way that undermines Israel’s ability to use these technologies for its benefits.
For instance, all of these surveillance technologies are used nonstop  in the West Bank, and that’s the elephant in the room: the fact that even for the most liberal Israelis, this is a given. Israelis don’t usually think their army may do something bad. Maybe the government is doing something bad with the army, but they trust the army and all its weaponry. This is extremely problematic, because the Palestinians living in the West Bank are not our civilians, they don’t have rights.

 

What kind of legal threats did you experience, what measures you implemented for your protection, and what kind of advice can you provide to other newsrooms who are willing to engage in this kind of reporting?

We always have a rigid legal process, even much more than most newspapers in terms of requests for comments. I really recommend telling companies at least a week or two before you’re publishing that you’re writing about them, and to give them the opportunity to meet you off-the-record to set the record straight. What concerns private companies may be different from what you are really interested in. Once you are within that dialogue, you can fact check and set the record straight on things that if you got wrong, you would get sued. We’re two years into this reporting on cybersec and we got zero lawsuits, which I think is a really good sign.

Also, this is really relevant for us, we live in a country with a military censor that has the right to tell me that I can’t publish certain things because they harm national security. It’s not a binding decision and the newspaper can challenge the decision. Ironically, really sensitive material will get flagged at that point: the fact that something will or will not be allowed for publication is actually a really big indicator of whether it’s true or not. So in that sense I can then rebuild my story in a way that it’s fine.

 

Is there a certain level of self-censorship in this sense when reporting on the tech surveillance industry?

I don’t think it’s self-censorship, not more than any other reporter who works with inside sources. Even if you write about the police right? You have to balance between maintaining your sources within the police but also be critical. But I think it’s the same challenges. Maybe that’s the real challenge: we have to cover the digital world like we cover everything else.

 

How do you manage your personal and digital safety? What kind of guidelines or protocols do you follow?

That’s the hardest stuff. I have two companies providing high-end, extremely expensive digital defence for me at a pro-bono level. I use a system of codes to maintain my notes, so if you were to open my phone notebook you wouldn’t be able to understand who I’m talking to. We do use 2-step verification. We once did an entire project completely on paper, the worst thing we’d ever done, it was terrible, it drove us crazy. The more you learn, the more you realise how much you’re exposed. You’re constantly updating and changing, but the sad answer is that you can’t stay safe. We have this joke that we like to tell ourselves: remember, in the end it’s going to be in a newspaper! There’s a phase for secrecy, then we have to let it go. And we have kind of reached the point of making peace with the fact that some information may leak.

 

My final question is more about the psychological burden of doing this work. How do you cope with that, at personal level and at newsroom level?

A lot of journalists go through this kind of ups and downs. As a very internal newsroom dynamic, editors can be very demanding, and you need someone who actually understands you. As an investigative reporter, you step into very scary, crazy worlds. It’s scary to be inside them, but also it’s also very hard to carry the burden of knowledge, and the consequences of being unable to publish and people won’t know anything. If your editor doesn’t understand your urgency and the weight you’re carrying, and is just thinking about headlines and deadlines, then you’re going to reach a bad place. It’s also very important to share, you need other reporters that you can talk with, and I also say that I’m a very big fan of going into therapy. I do go to therapy, and while it’s not stigmatised in Israel, it’s also not that common in the newsrooms. The debate on mental health is now opening, there is a shift to that. And my newspaper has once sent me on vacation, telling me listen, I think you should take a few days off. That is the nice kind of thing that can happen, isn’t it?

This article was coordinated by OBCT as part of tthe 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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