Urgent measures needed to safeguard journalists in Albania

In the wake of recent events, the SafeJournalists Network (SJN) and the Media Freedom Rapid Response (MFRR) join hands to bring attention to the alarming situation plaguing media freedom in Albania. The state of press freedom in the country has taken a disheartening turn, posing an imminent threat to the safety and well-being of journalists.

The partners in the SafeJournalists Network (SJN) and the Media Freedom Rapid Response (MFRR), as organisations dedicated to the protection of media freedom and the rights of journalists, are deeply concerned by recent events in Albania, which not only highlight a deteriorating environment for press freedom, but also pose a severe threat to the safety of journalists and their ability to inform the public. We call on the Albanian authorities and the international community to condemn these attacks against press freedom and to ensure the safety of journalists in Albania.

The verbal assault on BIRN Albania journalist Ola Xama by Tirana’s Mayor, Erion Veliaj, in response to her investigative report on corruption is not only unacceptable but also undermines the very fabric of free speech and press freedom. A democratic society is built on the principles of transparency and accountability, and the Mayor’s behaviour sets a dangerous precedent for public discourse. It is the duty of public officials to respond to investigative reports with professionalism and respect for the role of journalism in holding power accountable, not with attacks on journalists’ credibility.

The threats received by Marsi Korreshi and her SYRI TV crew in Rrogozhina during their coverage of a political event further underscore the precarious situation faced by journalists in Albania. Although police responded quickly to the incident, it’s alarming that members of the media are facing intimidation and threats simply for carrying out their professional duties.

Lastly, former Prime Minister Sali Berisha’s attempt to discredit BIRN Albania, a reputable and independent media organisation, presents a serious threat to media freedom in Albania. His allegations, made without evidence, not only attempts to undermine the credibility of an important news outlet but may also incite further attacks against media freedom and journalists’ safety. Moreover, his actions could foster an environment where disinformation thrives, which is detrimental to the public’s right to accurate and factual information.

Journalists should be able to work in an environment free from intimidation, threats and violence. We call on all public officials in Albania to act responsibly, respect the role of the media, and refrain from engaging in personal attacks and unfounded accusations against journalists.

The role of the media in a democratic society is paramount. The public depends on free and independent media for information, holding power accountable, and contributing to public discourse. Therefore, any attempts to undermine the media should be viewed as an attack on democracy itself. It is our collective responsibility to protect and uphold press freedom, and we stand in solidarity with journalists in Albania.

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
ARTICLE 19 Europe
European Centre for Press and Media Freedom (ECPMF)
OBC Transeuropa (OBCT)
European Federation of Journalists (EFJ)
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 and candidate countries.

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BiH: MFRR urges Republika Srpska deputies to not re-criminalise…

MFRR urges Republika Srpska deputies to not re-criminalise defamation

On 18 July, Republika Srpska’s National Assembly will vote to re-introduce criminal penalties for defamation. Media Freedom Rapid Response partners urge deputies to reject these amendments, as they would suppress journalism and public discourse across the country.

Members of the National Assembly in Republika Srpska, one of the two entities of Bosnia and Herzegovina, are called to vote on 18 July 2023 on the draft Law on Amendments to the Criminal Code, which would re-introduce criminal penalties for defamation. The Media Freedom Rapid Response (MFRR) partners call on deputies to vote against these amendments, which would stifle journalism, public debate, and civil discourse, not only in Republika Srpska but across the whole country.

Our organisations have warned of the dangers of criminalising defamation as draft amendments were introduced in March 2023. Since then, public discussions have taken place without addressing the concerns of the national and international journalistic communities, and in particular the risk of abuse of the new provisions to intimidate and silence journalists.

As a matter of principle, we remain opposed to any criminalisation of defamation. Nevertheless, compared with the initial draft, we welcome that in the latest version of the bill up for discussion in the Assembly tomorrow, proposed fines for the criminal offence of defamation have been lowered, from a proposed range of BAM 8,000-100,000 originally to BAM 1,000-6,000 in the latest version. Similarly, we welcome that newly introduced language now offers some protection of speech that is in the public interest

In a legal analysis of the suggested amendments published in April 2023, ARTICLE 19 Europe stated that the punitive nature of the applicable sanctions renders them to be a disproportionate interference with free speech. In addition to the problematic criminalisation of defamation, a particularly dangerous provision (Article 156a) provides for specific conduct (certain violations of privacy with a defamatory element) to be punished by imprisonment, which would lead to egregious violations of the right to freedom of expression and stifle civic discourse and the work of the media. Onerous financial penalties and the very process of criminal prosecution are a disproportionate response to the protection of one’s reputation. The defences against prosecution stipulated in the proposed legislation are insufficient to protect the possibilities to engage in a debate on issues of public interest, including through criticism of politicians and other public figures.

Our organisations have long opposed any law criminalising defamation, in line with international standards. We consider criminal defamation laws as unnecessary and disproportionate measures, violating the right to freedom of expression and contributing to a “chilling effect” on journalism and public debate. Where appropriate, alternative remedies such as a publication of a retraction, apology, or correction and the right of reply, constitute a better response to an unjustified attack on one’s reputation.

We reiterate our call on members of the Republika Srpska National Assembly to reject the amendments in their entirety.

Signed by:

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

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Poland: Media capture fears confirmed in new report examining…

Poland: Media capture fears confirmed in new report examining PKN Orlen takeover of Polska Press

Acquisition of country’s largest regional press publisher by state-controlled oil company has led to shrinking journalists freedoms, report finds.

The undersigned organisations of the Media Freedom Rapid Response (MFRR) consortium today warn that the findings of a new report assessing the impact of the takeover of regional news publisher Polska Press by Poland’s state-controlled oil company PKN Orlen illustrate a shocking example of media capture in the EU.

The report by the Helsinki Foundation for Human Rights in Poland concludes that the takeover and subsequent editorial purge at Polska Press by Orlen in December 2020 has negatively affected journalists freedoms and led to a shift in editorial lines favourable to the ruling Law and Justice Party (PiS) ahead of upcoming elections.

These findings, based on multiple interviews with current and former journalists and editors at former Polska Press titles, align closely with our own assessments. They also underscore how repeated warnings made by our organisations after the acquisition about the detrimental impact Orlen’s ownership would have on independent journalism in Poland have regrettably come to fruition.

Since Orlen took over management of Poland’s largest publisher of regional newspapers in December 2020, 14 of the 15 regional editors-in-chief stepped down under pressure, with their replacements coming from the state broadcaster or right-wing media titles supportive of PiS. According to the report, numerous other deputy editors and journalists also quit in protest, allowing new management to appoint new reporters often based on political considerations.

As a result, while experiences differ between different online and print titles, the report notes that these personnel changes have led to overall shift in editorial positions across Polska Press’s network to one more favourable to the ruling party. In some media, while coverage may not be supportive of the government, it at least ceased any critical commentary or reporting which could damage the party or its leaders.

Meanwhile, journalistic reporting on matters sensitive for the government – such as LGBTQ rights and migration – has been broadly diminished, while the positions and perspective of the political opposition have largely been marginalised within news coverage. At some titles, both soft and overt censorship by new editors and interference by outside political forces connected to the ruling coalition have markedly increased, with damaging effects on these media’s independence and impartiality.

Our organisations believe this takeover of Polska Press by Orlen is one of the clearest examples anywhere in the European Union in recent years of media capture in action. Through this acquisition by the state-controlled oil company headed by a close ally of the PiS leadership, the ruling party has significantly increased its ability to influence and control news and opinion across the country. This influence extends to 20 regional dailies, 120 weekly magazines and 500 online portals, and echoes the systematic takeover of regional media in Hungary under the Fidesz government.

The takeover of the country’s largest regional news publisher also draws clear parallels with political capture of the county’s public broadcaster Telewizja Polska (TVP) after PiS first came to power in 2015. While the lack of independence demonstrable at Polska Press titles cannot yet be compared to the party propaganda disseminated by TVP, it nonetheless significantly weakens media pluralism in Poland and undermines the right of citizens to receive unbiased information.

PiS has always claimed its drive for so-called ‘repolonisation’ of the media landscape is about ensuring media reflect Polish national interests rather than those of foreign-based publishers. The case of Polska Press is the clearest indication yet that, in reality, the principal aim of this policy is about engineering greater control over domestic media and ensuring continued support for the government’s own political interests.

Increasing instrumentalization of these media titles is of particular concern ahead of parliamentary elections in the autumn 2023, in which the opinion of voters in Poland’s significant rural population will likely be crucial for electoral success. If approved, the election observation mission to Poland recently requested by the European Parliament should scrutinise the news output of Polska Press titles during the election period as part of its overall assessment of the media environment.

Our organisations also believe this case offers a stark example of the need for the EU to pass a strong and effective Media Freedom Act (EMFA). Specifically, this takeover justifies the proposed establishment of a European Board, made up of representatives from national media regulators, which could scrutinise such acquisitions in the future and challenge them if it believes media pluralism or freedom of expression are at risk.

Had such a body been in place when this deal was approved by the country’s competition regulator UOKiK in February 2021, heightened international scrutiny could potentially have had an impact on the ultimate decision of the regulator or resulted in concrete guarantees and stronger safeguards against political interference.

The damage already done to journalistic freedoms by PKN Orlen is clear. We therefore also call on all international investors and pension funds which claim to follow ethical investment guidelines to carefully consider their relationship with the company and take its corrosive effect on media pluralism and democratic values into account.

Moving forward, our organisations will continue to follow this case closely and continue to warn about the takeover’s damaging implications for media freedom. We welcome the Helsinki Foundation for Human Rights’ report and will continue to closely monitor and document all threats to independent journalism in the build up to Poland’s parliamentary election.

Signed by:

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

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Italy: Support for Roberto Saviano in SLAPP case initiated…

Italy: Support for Roberto Saviano in SLAPP case initiated by Giorgia Meloni

We, the undersigned international media freedom and journalists’ organisations, stand in solidarity with Roberto Saviano as he attended the fourth Court hearing in the SLAPP case initiated by the Prime Minister of Italy on 27 June 2023.

We call on judges to recognise that Saviano has committed no crime and urge Prime Minister Meloni to withdraw her criminal complaint. We further demand that politicians stop abusing the law by initiating strategic lawsuits against public participation (SLAPPs) against journalists, writers and anyone else exercising their right to free expression. We also call on the Italian Parliament to adopt, without further delay, a comprehensive reform of defamation laws in line with international freedom of expression standards.

The lawsuit against Saviano was filed by Giorgia Meloni in November 2021, when she was an MP and prior to becoming Italy’s Prime Minister. The charges of aggravated criminal defamation were brought against Saviano at the behest of Meloni for his critical remarks about Meloni’s long-standing anti-migrant rhetoric which he had expressed during a televised program, Piazza Pulita. Saviano’s remarks followed Piazza Pulita’s coverage of the death of a six-month-old baby from Guinea who was among migrants who drowned in the Mediterranean after Italian authorities delayed their rescue operations.

During the fourth hearing at the Criminal Court of Rome, Piazza Pulita anchorman Corrado Formigli and Amnesty International Italia’s spokesperson Riccardo Noury testified in court. Recalling Amnesty’s report which examined hate speech during the 2018 Italian electoral campaign, Noury testified to the role of Meloni in promoting an anti-migrant narrative articulated around hate and xenophobia. At the conclusion of the hearing, the judge rejected the request formulated by the defence to audit Meloni. Meloni has not appeared in any of the four Court hearings held to date, despite having initiated legal action against Saviano for aggravated criminal defamation claiming his remarks had damaged her honour and reputation. The judge scheduled the next hearing for October 12, 2023, when a first instance sentence is expected to be issued.

Article 595 of the Italian criminal code provides for prison sentences of up to three years for criminal defamation. This law threatens freedom of expression, a fundamental right protected by the Italian Constitution and international law, and hinders journalists and writers from expressing their opinions on matters of public interest. In a democratic society, it is unacceptable for a criminal defamation lawsuit to be used as a weapon to silence critical voices.

Under international freedom of expression standards, the right to freedom of expression encompasses the freedom to express opinions and ideas that may be considered offensive, shocking, or disturbing. Moreover, the ECtHR and domestic courts have clarified that public figures, especially those in political roles, should expect a higher degree of criticism and scrutiny due to their prominent position in society. Criminal prosecution of critics in such cases is deemed to infringe the right to freedom of expression as outlined in Article 10 of the European Convention on Human Rights (ECHR).

The escalating occurrence of vexatious lawsuits targeting journalists in Italy is deeply concerning. Members of the current government are increasingly abusing the law against individuals who express dissenting views. This shows that press freedom and civic space in Italy is shrinking, with dangerous implications for Italy’s democracy.

We acknowledge that a number of bills directed at reforming defamation provisions are currently being discussed by the Italian parliament. We are particularly concerned as the proposed provisions violate international standards on freedom of expression and Article 10 of the ECHR as they substantially increase fines for criminal defamation and impose additional penalties of disqualification from practising the journalistic profession. As the European Court of Human Rights has repeatedly stated, criminal defamation sanctions have a serious chilling effect on freedom of expression.

Comprehensive reforms of defamation laws in Italy must be aligned with international freedom of expression standards and should focus on decriminalising defamation and establishing reasonable limits on damages within civil law to protect press freedom, free expression, and the public’s right to know. Italy should also support the strongest set of anti-SLAPP protections in the forthcoming negotiations over the EU anti-SLAPP Directive.

Our organisations will keep monitoring the current defamation proceedings against Roberto Saviano and will respond to any additional threats to media freedom in Italy.

Signed by:

OBC Transeuropa (OBCT)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Index on Censorship
International Press Institute (IPI)
ARTICLE 19 Europe
Justice for Journalists Foundation (JFJ)
The Daphne Caruana Galizia Foundation
Blueprint for Free Speech
Meglio Legale
The Good Lobby
PEN International

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EU must prioritise media freedom reforms and human rights…

EU must prioritise media freedom reforms and human rights in relations with Turkey

The undersigned organisations call on the incoming Spanish Presidency of the Council of the European Union to place media freedom and human rights front and centre of relations with the newly re-elected Government of Turkey.

Turkish translation available here.

The May elections, which saw a parliamentary majority for the AKP and its allies and the re-election of Recep Tayyip Erdoğan as President, took place against a backdrop of a media landscape dominated by pro-government outlets, the smothering of independent voices and the repression of critical journalism.

Over the past two decades, Turkey’s government has captured over 90% of the media landscape, including direct control over the country’s public media and indirect control over much of the mainstream media through party-aligned oligarchs. It has abused the power of state advertising to create compliant journalism and weaponized the broadcast regulator, RTÜK, to routinely target broadcasters with financial penalties for critical news reporting.

The capture of mainstream media has been backed by a mass crackdown on independent media, including the arrests and prosecutions of thousands of journalists in the years since the failed coup of 2016. As the country went to the polls on May 14, at least 47 journalists were imprisoned in Turkey, including 31 Kurdish journalists arrested since June 2022 alone.

Journalists face physical assaults, troll attacks by politicians and their supporters, and smear campaigns from government-aligned media. The police routinely arrest journalists at demonstrations and prevent them from reporting. According to the Mapping Media Freedom database, which documents media freedom violations across EU member states and candidate countries, since July 2022, 173 alerts, almost one in five of the total, have been located in Turkey.

More recently, the government has stepped up efforts to block and censor online content through the 2022 amendments to the disinformation law. The law, among other things, provides for up to three years imprisonment for ‘disinformation or fake news’ that threatens national security, public order and public morals. It also requires social media platforms to comply with content blocking requests or face the throttling of their bandwidth by up to 90% and six-month advertising bans.

Moreover, the vague definition of ‘disinformation’ empowers an already notoriously compromised judiciary to misuse the law to punish political opponents.

Meanwhile, studies have shown that algorithmic bias, already in place, channels over 80% of news searchers on Google to pro-government media forcing independent media to exist in a restricted news bubble.

Combined, these tactics create a hostile economic and judicial environment designed to silence independent journalism, denying the public access to a diverse range of news and information and seriously damaging Turkey’s democracy. As a consequence, Turkey’s recent elections were assessed as free, but not fair by the OSCE.

Since the elections, numerous journalists have been assaulted and independent broadcasters were issued fines by RTÜK. The broadcaster HaberTürk has stopped publishing political columns on its website, and parted ways with one of the most well-known TV journalists who had been critically covering the current news. And on June 27, Merdan Yanardağ, Editor in Chief of TELE 1 broadcaster was arrested. The election results do not bode well for media freedom and fundamental rights more broadly in Turkey.

As the European Union assesses the results of the elections, we urge European governments and policy makers to ensure that the improvement of media freedoms and fundamental rights are placed at the heart of future relations with Turkey. Failure to do so would be a betrayal both of the Turkish public and of the European Union’s values.

Signed by:

International Press Institute (IPI)
Articolo 21
Association of Journalists in Ankara (GC)
Coalition For Women In Journalism (CFWIJ)
Committee to Protect Journalists (CPJ)
Danish PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Freedom House
International Federation of Journalists (IFJ)
Media and Law Studies Association (MLSA)
OBC Transeuropa (OBCT)
PEN International
PEN America
PEN Canada
PEN Norway
Platform for Independent Journalism (P24)
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
Turkey Human Rights Litigation Support Project (TLSP)

This statement was coordinated by IPI as part of its #FreeTurkeyJournalists campaign and member 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.

Medya özgürlüğü ve gazeteci grupları Avrupa Birliği’ne, Mayıs ayındaki seçimlerin ardından Türkiye ile ilişkilerde medya özgürlüğü reformlarına ve insan haklarına öncelik vermesi çağrısında bulunuyor

Aşağıda imzası bulunan kuruluşlar, Avrupa Birliği Konseyi’nin İspanya Dönem Başkanlığını, yeniden seçilen Türkiye Hükümeti ile ilişkilerde medya özgürlüğü ve insan haklarını ön planda ve merkezde tutmaya çağırmaktadır.

Adalet ve Kalkınma Partisi (AKP) ve müttefiklerinin mecliste çoğunluğu elde ettiği ve Recep Tayyip Erdoğan’ın yeniden Cumhurbaşkanı seçildiği Mayıs seçimleri, hükümet yanlısı yayın organlarının hakim olduğu, bağımsız seslerin boğulduğu ve eleştirel haberciliğin baskı altına alındığı bir medya ortamında gerçekleşti.

Son yirmi yılda Türkiye hükümeti, ülkenin kamu medyası üzerindeki doğrudan kontrolü ve partiye bağlı yatırımcılar ve iş dünyası aracılığıyla ana akım medyanın çoğu üzerindeki dolaylı kontrolü de dahil olmak üzere medya ortamının %90’ından fazlasını ele geçirmiştir. İtaatkar bir habercilik alanı yaratmak için devlet reklamcılığının gücünü kötüye kullanmış ve eleştirel habercilik nedeniyle yayıncıları düzenli olarak para cezaları ile hedef alarak, yayın düzenleyicisi RTÜK’ü bir silah olarak kullanmıştır.

Ana akım medyanın ele geçirilmesi, 2016’daki başarısız darbeden bu yana binlerce gazetecinin tutuklanması ve yargılanması da dahil olmak üzere bağımsız medyaya yönelik kitlesel bir baskı ile desteklenmiştir. Ülke 14 Mayıs’ta sandık başına giderken, sadece Haziran 2022’den bu yana tutuklanan 31 Kürt gazeteci de dahil olmak üzere Türkiye’de en az 47 gazeteci hapisteydi.

Gazeteciler fiziksel saldırılara, siyasetçilerin ve destekçilerinin troll saldırılarına ve hükümet yanlısı medyanın karalama kampanyalarına maruz kalmaktadır. Polis gösterilerde gazetecileri rutin olarak tutuklamakta ve haber yapmalarını engellemektedir. AB üyesi ve aday ülkelerdeki medya özgürlüğü ihlallerini belgeleyen Mapping Media Freedom veri tabanına göre, Temmuz 2022’den bu yana 173 uyarı, yani toplamın neredeyse beşte biri Türkiye’de tespit edilmiştir.

Son dönemde hükümet, dezenformasyon yasasında 2022 yılında yapılan değişikliklerle çevrimiçi içeriği engelleme ve sansürleme çabalarını artırmıştır. Yasa, diğer hususların yanı sıra, ulusal güvenliği, kamu düzenini ve genel ahlakı tehdit eden ‘dezenformasyon veya yalan haber’ için üç yıla kadar hapis cezası öngörmektedir. Ayrıca sosyal medya mecralarının içerik engelleme taleplerine uymalarını aksi takdirde bant genişliklerinin yüzde 90’a kadar daraltılması ve yanı sıra altı aylık reklam yasaklarıyla karşı karşıya kalmalarını gerektirmektedir.

Dahası, ‘dezenformasyon’ kavramının muğlak tanımı, siyasi muhalifleri cezalandırmak için yasayı kötüye kullanması zaten kötü bir itibara sahip olan yargıyı güçlendirmektedir.

Ayrıca var olan araştırmalar, halihazırda mevcut olan algoritmik önyargının, Google’da haber arayanların yüzde 80’inden fazlasını hükümet yanlısı medyaya yönlendirdiğini ve bağımsız medyayı kısıtlı bir haber havuzu içinde var olmaya zorladığını göstermiştir.

Bu koşullar bir araya geldiğinde, bağımsız haberciliği susturmak için tasarlanmış düşmanca bir ekonomik ve adli ortam yaratmakta, halkın çeşitli haber ve bilgilere erişimini engellemekte ve Türkiye’nin demokrasisine ciddi zarar vermektedir. Sonuç olarak, Türkiye’deki son seçimler Avrupa Güvenlik ve İşbirliği Teşkilatı (AGİT) tarafından özgür ancak adil olmayan seçimler olarak değerlendirilmiştir.

Seçimlerden bu yana çok sayıda gazeteci saldırıya uğramış ve bağımsız yayıncılara RTÜK tarafından para cezaları verilmiştir. HaberTürk internet sitesinde siyasi köşe yazılarını yayınlamayı durdurmuş ve güncel haberleri eleştirel bir şekilde ele alan en tanınmış TV gazetecilerinden biriyle yollarını ayırmıştır. 27 Haziran’da TELE 1 Genel Yayın Yönetmeni Merdan Yanardağ tutuklanmıştır. Seçim sonuçları Türkiye’de medya özgürlüğü ve daha geniş anlamda temel haklar ve hürriyetler açısından iyiye işaret değildir.

Avrupa Birliği seçim sonuçlarını değerlendirirken, Avrupalı hükümetleri ve politika yapıcıları, medya özgürlüklerinin ve temel hakların geliştirilmesinin Türkiye ile gelecekteki ilişkilerin merkezinde yer almasını sağlamaya çağırıyoruz. Bunun yapılmaması hem Türkiye halkına hem de Avrupa Birliği’nin değerlerine ihanet olacaktır.

İmzalayanlar

Ankara Gazeteciler Cemiyeti (AGC)
Articolo 21
Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
Avrupa Gazeteciler Federasyonu (EFJ)
Bağımsız Gazetecilik Platformu (P24)
Danimarka PEN
Freedom House
Gazetecileri Koruma Komitesi (CPJ)
Gazetecilikte Kadın Koalisyonu (CFWIJ)
Güney Doğu Avrupa Medya Organizasyonu (SEEMO)
Medya ve Hukuk Çalışmaları Derneği (MLSA)
OBC Transeuropa (OBCT)
PEN Amerika
PEN Kanada
PEN Norveç
Sınır Tanımayan Gazeteciler (RSF)
Türkiye İnsan Hakları Davalarına Destek Projesi (TLSP)
Uluslararası Basın Enstitüsü (IPI)
Uluslararası Gazeteciler Federasyonu (IFJ)
Uluslararası PEN

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Turkey: International groups condemn attack against journalist Sinan Aygül

Authorities must take all measures to ensure safety of journalists and hold all responsible to account.

Turkish translation is available below.

The undersigned media freedom, freedom of expression and human rights organizations strongly condemn the appalling attack on journalist Sinan Aygül that took place in Tatvan, a city in eastern Turkey, on June 17. Two people were arrested the following day charged with ‘intentional injury with a weapon’.

While we welcome the swift arrests, we call upon the authorities to thoroughly investigate this crime and ensure that all those responsible, including others who may have been behind the attack, are held fully accountable.

On June 17, Aygül, who is also the chairperson of the Bitlis Association of Journalists, wrote on Twitter that security guards employed by the mayor of Tatvan, Mehmet Emin Geylani, physically attacked him in the middle of the street. He said the security personnel arrived in a municipality-owned vehicle and were carrying firearms. As the assailants assaulted Aygül, they issued a death threat, warning him against reporting information about the mayor. Aygül was hospitalized as a result of his injuries.

Two days before the assault, in a Twitter post, Aygül had raised allegations of irregularities in the public tender for property sales involving the Tatvan Municipality and its mayor, and called for its cancellation.

Aygül has been targeted many times for his critical reporting, subjected to death threats and legal harassment. To date, 137 criminal investigations have been launched against him in connection with his journalism. On January 19, 2023, Aygül was detained on accusations of insulting Vahit Kiler, a member of parliament from the ruling AKP, for reporting on corruption allegations involving Kiler. Aygül was released the next day after an initial interrogation.

In February 2023, he was the first journalist to be sentenced under Turkey’s new “disinformation law” passed by the Turkish parliament last October. The court sentenced him to 10 months in prison, a verdict which Aygül is now appealing to the Supreme Court after his initial appeal was turned down by a regional Court of Appeal.

“We stand in solidarity with Aygül and all other journalists who face threats and attacks for their reporting. The authorities must ensure that journalists are able to do their jobs freely and safely, and that the perpetrators, including others who may have been behind the attack, are brought to justice.”

IPI submitted an alert on the Council of Europe Safety of Journalists Platform on this incident.

Signed by:

Amnesty International Turkey
Ankara Journalists Society
ARTICLE 19
Articolo 21
Association of European Journalists (AEJ)
Coalition For Women In Journalism (CFWIJ)
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
IFEX
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Journalists Union of Turkey (TGS)
Media and Law Studies Association (MLSA)
OBC Transeuropa (OBCT)
PEN America
PEN International
PEN Norway
Platform for Independent Journalism (P24)
Reporters Without Borders (RSF)
SafeJournalists Network
South East Europe Media Organisation (SEEMO)
Swedish PEN
Turkey Human Rights Litigation Support Project (TLSP)
Turkish Press, Broadcasting and Printer Worker’s Union (DİSK-Basın İş)

Türkiye: Uluslararası kuruluşlar gazeteci Sinan Aygül’ü hedef alan saldırıyı kınıyor

Yetkililer gazetecilerin güvenliğini sağlamak için tüm önlemleri almalı ve tüm sorumlulardan hesap sormalıdır.

Aşağıda imzası bulunan basın özgürlüğü, ifade hürriyeti ve insan hakları kuruluşları, 17 Haziran 2023 tarihinde Bitlis’in Tatvan ilçesinde gazeteci Sinan Aygül’ü hedef alan korkunç saldırıyı şiddetle kınamaktadır. Saldırıdan sonraki gün iki kişi ‘silahla kasten yaralama’ suçlamasıyla tutuklanmıştır.

Saldırının ardından hızla gerçekleştirilen tutuklamaları memnuniyetle karşılıyor, bununla birlikte yetkilileri kapsamlı bir soruşturma yürütmeye ve saldırının arkasında olabilecekler de dahil olmak üzere tüm sorumluların hesap vermesini sağlamaya çağırıyoruz.

Bitlis Gazeteciler Cemiyeti Başkanı olan Aygül, 17 Haziran’da Twitter‘da Tatvan Belediye Başkanı Mehmet Emin Geylani’nin korumalarının sokak ortasında kendisine fiziksel saldırıda bulunduğunu duyurdu. Aygül ayrıca korumaların belediyeye ait bir araçla geldiğini ve ateşli silahlar taşıdığını paylaştı. Saldırganlar saldırı esnasında Aygül’e ölüm tehdidinde bulunarak belediye başkanı hakkında haber yapmaması konusunda uyardı. Gazeteci Aygül aldığı yaralar sonucunda hastaneye kaldırıldı.

Aygül, saldırıdan iki gün önce Twitter hesabından yaptığı paylaşımda, Tatvan Belediyesi ve belediye başkanının da dahil olduğu mülk satış ihalesinde usulsüzlük yapıldığı iddialarını gündeme getirmiş ve ihalenin iptal edilmesi çağrısında bulunmuştu.

Aygül, eleştirel haberciliği nedeniyle birçok kez hedef gösterildi, ölüm tehditlerine ve hukuk yoluyla tacize maruz bırakıldı. Bugüne kadar gazeteciliği ile bağlantılı olarak hakkında 137 ayrı ceza soruşturması başlatıldı. 19 Ocak 2023’te Aygül, AKP milletvekili Vahit Kiler’in adının karıştığı yolsuzluk iddialarını haberleştirdiği için Kiler’e hakaret suçlamasıyla gözaltına alınıp ilk sorgusunun ardından ertesi gün serbest bırakıldı.

Şubat 2023’te ise geçtiğimiz Ekim ayında TBMM tarafından kabul edilen Türkiye’nin yeni “dezenformasyon yasası” kapsamında ceza alan ilk gazeteci olmuştu. Mahkeme tarafından 10 ay hapis cezasına çarptırılan Aygül, ilk temyiz başvurusunun bölge istinaf mahkemesi tarafından reddedilmesinin ardından Yargıtay’a başvurdu.

Aygül ve gazetecilik faaliyetleri nedeniyle tehdit ve saldırılara maruz kalan diğer tüm gazetecilerle dayanışma içindeyiz. Yetkililer, gazetecilerin işlerini özgürce ve güvenli bir şekilde yapabilmelerini ve saldırının arkasında olabilecek kişiler de dahil olmak üzere tüm faillerin adalet önüne çıkarılmalarını sağlamalıdır.

IPI, Avrupa Konseyi Gazetecilerin Güvenliği Platformu’na bu olayla ilgili bir uyarı gönderdi.

İMZALAYANLAR:

Ankara Gazeteciler Cemiyeti
ARTICLE 19
Articolo 21
Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
Avrupa Gazeteciler Birliği (AEJ)
Avrupa Gazeteciler Federasyonu (EFJ)
Bağımsız Gazetecilik Platformu (P24)
Danimarka PEN
DİSK-Basın İş
Gazetecilikte Kadın Koalisyonu (CFWIJ)
Güney Doğu Avrupa Medya Organizasyonu (SEEMO)
Güvenli Gazeteciler Ağı (SJN)
IFEX
İngiliz PEN
İsveç PEN
Medya ve Hukuk Çalışmaları Derneği (MLSA)
OBC Transeuropa (OBCT)
PEN Amerika
PEN Norveç
Sınır Tanımayan Gazeteciler (RSF)
Türkiye Gazeteciler Sendikası (TGS)
Türkiye İnsan Hakları Davalarına Destek Projesi (TLSP)
Uluslararası Af Örgütü Türkiye Şubesi
Uluslararası Basın Enstitüsü (IPI)
Uluslararası Gazeteciler Federasyonu (IFJ)
Uluslararası PEN

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Italy: International Media freedom groups raise alarm about RAI’s…

Italy: International Media freedom groups raise alarm about RAI’s independence

Following the recent resignation of the CEO and other major politically-influenced internal management changes at Radiotelevisione Italiana (RAI), the Italian public service broadcaster, the undersigned media freedom and journalist organisations today express growing alarm about threats to the editorial independence of the broadcaster. We call on the parliament to initiate a debate aimed at reforming the governance and funding system of RAI and safeguarding its independence.

On May 8, 2023, Carlo Fuortes announced his resignation from the post of CEO of RAI, citing political pressure. The high-profile resignation came amidst reports of behind-the-scenes negotiations between Fuortes and the cabinet involving his appointment as the director of a Napolitan theatre. Within this context, the government issued a decree law which forces the former theatre director into premature retirement.

On May 15, Roberto Sergio was appointed as the new CEO of RAI, who swiftly announced the need for “new storytelling” by the broadcaster in a letter to its employees. This was followed by the change, with a minority vote, of five out of the eight RAI channels’ editors-in-chief. We believe these developments put RAI’s editorial independence at serious risk. Sergio’s reference sets the tone for broadcasting programming conformed with the ruling coalition’s agenda. As concerns other management changes, we believe that also the appointment of Giampaolo Rossi as RAI’s new Corporate General Manager is particularly worrying, given his controversial public stances, and risks exacerbating the polarisation of Italian public opinion.

Currently, the Italian broadcasting service’s governance is heavily affected by RAI’s Board appointment mechanism, which testifies to its lack of independence from the executive. Of a total seven Board members, one is elected by RAI employees, and two each by the government, the chamber of representatives and the senate. Following the codification of this appointment mechanism in 2004 (law 111/2004), amended in 2016 (law 220/2015), the composition of the board has reflected cyclical waves of politically-motivated interference in RAI’s governance following elections. As stated in the Council of Europe’s 2012 Recommendation: “without demonstrable independence of action and initiative, from government as well as from any other vested interest or institution, public service media organisations cannot sustain their credibility”. Public broadcasting in the hands of any political forces is not at the service of the public interest, but a tool in their hands which threatens media integrity, an essential condition for the functioning of our democratic societies.

A further source of concern is the bill proposal recently presented by Lega Senator Mara Bizzotto. Part of the government’s coalition, Lega’s proposed amendments threaten to shrink even further the financial autonomy of the Italian broadcasting service. Currently, RAI is funded by citizens through a licence fee plus advertisement. According to Lega’s reform, public broadcasting funding would be subjected to a yearly determination via the Budget Law. While such a legislative amendment might face opposition within the governing coalition, we are nonetheless concerned by Lega’s proposal, which, if passed, would seriously reduce the broadcaster’s financial independence.

Under European freedom of expression standards, RAI as a public service broadcaster should enjoy operational and administrative autonomy from any other person or entity, including the government and any of its agencies. This autonomy shall be respected at all times. The Italian Constitutional Court had made its position clear, arguing that public service broadcasting is to be intended as a “social service” which must “offer the public a range of services characterised by objectivity and completeness of information”, a condition which can be fulfilled by granting adequate powers of oversight to the Parliament (Constitutional Court rulings 94/1987 and 69/2009).

Joining the dissent expressed by both Italian and European journalists’ associations and unions, the undersigned organisations call on the Italian parliament to initiate a comprehensive reform of the legislation regulating Italian public broadcasters.We urge Italy to bring forward legislation directed to protect public service media from undue interference and guarantee its funding. Such a reform should allow RAI to operate in a sustainable governance framework, with reliable and adequate funding, securing both its editorial independence and public accountability, as recommended by the proposal for the European Media Freedom Act.

Signed by:

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

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Poland: International support for TOK FM amidst regulatory pressure

The renewal of Polish radio station TOK FM’s broadcasting licence is still pending after a six-month delay, casting doubt on a possible non-renewal. We, the undersigned media freedom and journalist organisations, join TOK FM, the largest independent news and talk radio station in Poland, in their plea for the licence renewal to be made by the National Broadcasting Council (KRRiT), in a timely and independent manner and based on strict professional criteria.

TOK FM, which is the fourth-most popular radio in Poland, is nearing the end of its broadcasting licence. The licence expires on 3 November 2023. According to Polish law, a decision on its renewal must be taken within two months, but the Polish broadcasting regulator KRRiT is already six months overdue in its reply and is therefore in breach of the administrative law. For this reason, TOK FM is worried its licence might not be renewed.

In the last few months, TOK FM has been subjected to several “monitoring procedures” unrelated to the licence renewal process: KRRiT has requested the station to submit several days worth of recorded programs, raising concerns that the council is looking for extracts that could appear as “hate speech” that could be used against the station.

These fears have been exacerbated by a fine of PLN 80,000 (€17,680) that KRRiT has recently imposed on TOK FM for strong criticism about a controversial history textbook for schools containing anti-LGBT and other far-right views, expressed by one of the radio’s journalists and his guest during a morning show. According to the chair of the broadcast media regulator, Maciej Świrski, TOK FM incited “hate speech” by using language violating Article 18(1) of the Polish Broadcasting Act, allegedly “promoting illegal activities, views and attitudes contrary to morality and social good, and containing content inciting hatred and discriminatory content.”

The maximum fine that can be imposed by KRRiT is half of the media’s annual licensing fee. In TOK FM’s case, PLN 80,000 amounts to 90% of the maximum imposable fine. Kamila Ceran, the station’s editor-in-chief, confirmed that the appeal was lodged with the Audiovisual Council, which is obliged to forward the appeal to the court within 30 days.

While Poland’s media landscape remains vibrant and pluralistic overall, in recent years independent media critical of PiS have faced a multi-pronged campaign of regulatory, financial and legislative pressure aimed at undermining their influence. Recent regulatory decisions by KRRiT, which is controlled by figures appointed by PiS, have drawn increased international attention and criticism of its chairperson.

Our organisations call on the National Broadcasting Council to take an impartial decision as soon as possible regarding the renewal of the broadcasting licence of TOK FM, and reiterate previous calls on the Polish government to stop its pressure against free and independent media.

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)

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Serbia: Fresh attacks and smears on media raise threat…

Serbia: Fresh attacks and smears on media raise threat level

Break in at broadcaster N1 and latest high-level political smears underscore deep concerns over journalists’ safety.

The International Press Institute (IPI) today renews their serious concerns about the safety of journalists in Serbia, where independent media houses and their reporters face an intensifying and toxic climate of smear campaigns and political pressure directed by the government and public officials.

On 30 May, the private premises of the broadcaster N1 in the capital Belgrade was breached by around 30 protesters, who obstructed its work and demanded its editorial staff leave the building to face the “wrath of the people”. N1 and its journalists were accused of manipulating coverage of recent anti-government protests and the pandemic, and of working on behalf of foreign intelligence services.

While police were called and plainclothes officers were sent to take up positions outside the N1 building, they were not given orders to react and failed to remove the trespassers from the broadcaster’s private property. None of the protesters had their identification checked, according to media reports, and no arrests were made.

IPI and our global network are shocked by the lack of an adequate response by the police to this incident. While peaceful protest must be respected, trespassing of the premises of a media house clearly warranted appropriate action from law enforcement authorities. This raises serious questions about the ability of the police to protect journalists and must be immediately addressed by the Standing Working Group on the Safety of Journalists.

The security incident came days after the Serbian Prime Minister Ana Brnabić and Serbian Progressive Party MP Nebojša Bakarec spoke in the parliament and separately accused N1 and Nova S of spreading hatred and violence and creating a “sick atmosphere in society” which leads to the tragedies such as two recent mass shootings. The Prime Minister accused so-called “tycoon media” of poisoning the nation and “sowing hatred minute by minute, hour by hour.”

These comments were the latest in an escalating smear campaign against broadcasters and news outlets owned by United Media, a media house staunchly critical of the Serbian government and President Aleksandar Vučić. It is often viewed as the last major bastion of journalism operating independently from the ruling Serbian Progressive Party (SNS) and its network of business allies.

In recent weeks, United Media titles including N1, Nova S and Danas have been accused by multiple public officials of acting against the interest of the state, spreading disinformation, organizing anti-government rallies and being “fascist media”. These verbal attacks have been amplified by tabloid media and broadcasters supportive of the government.

IPI is alarmed by the dangerous escalation in rhetoric against critical media and journalists, which poses real life threats to the safety of journalists. Moving forward, IPI urges all government and public officials in Serbia to refrain from using hostile rhetoric and to lead by example in reducing tensions.

IPI notes that this situation again underscores the findings of both a coalition of international press freedom groups and the European Parliament, that no tangible progress has been made by Serbian authorities as part of their EU accession obligations to improve the landscape for media freedom. Independent journalism in Serbia continues to face a moment of crisis.

IPI renews support for the work of all professional and independent media in Serbia and calls for increased international attention to the plight of media freedom and pluralism in the country.

This statement was coordinated 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 State and candidate countries.

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Sara Manisera: The challenges of investigative journalism

Sara Manisera: the challenges of investigative journalism

Investigative journalists, in addition to the risks of the trade, often incur libel lawsuits, SLAPPs, etc. Especially if, like Sara Manisera, they deal with sensitive issues such as organised crime.

By Sielke Kelner

Originally published by OBCT, also available in ITA

Sara Manisera is a freelance journalist who is part of the Fada collective of journalists, photographers, and authors. She writes about gender issues, minorities, agriculture, the environment, and civil society. Her contributions have been published by various international newspapers including Al Jazeera, Liberation, and The Nation. She has written “Tales of slavery and struggle in the countryside”, a book that originated from her degree thesis in the sociology of organised crime in Rosarno, in the province of Reggio Calabria. Since 2023 she has been affiliated with Bertha Challenge Investigative Journalist Fellow, a grant that is allowing her to devote herself to a year-long project on the wheat supply chain. On September 1, 2022, the Municipality of Abbiategrasso adopted a resolution to initiate an aggravated criminal defamation lawsuit against her. A sentence pronounced in Cutro in June 2022, during the acceptance speech of the Diego Tajani award, about the pervasiveness of mafia infiltration even in municipalities such as that of Abbiategrasso, did not go down well with the council of the municipality in Lombardia.

Is this the first defamation lawsuit you have faced?

Yes, it was notified to me in January 2023. I was not reported for a published article, but for a sentence I uttered in a speech in which I quoted the Municipality of Abbiategrasso during an awards ceremony in front of students. That day I had in front of me some classes from Cutro who have probably only heard of ‘Ndrangheta and Calabria in their life, of the south in a certain way. I wanted to show them that the mafias are not only in the south, but also in the north. And they have been infiltrating the northern economy for decades. The municipal administration of Abbiategrasso has not asked for any rectification of the sentence I have pronounced; it did not invite a public discussion on the subject. This would have been the most appropriate response from a local politician attentive to the infiltration of mafia-type organisations and which could have been offended by the sentences pronounced in Cutro.

Why do you think the council of Abbiategrasso felt resentful of your comment?

I do not know. I tell you the facts. We are talking about a territory that is in the south-west of Milan, next to Gaggiano, Corsico, Trezzano, Buccinasco. Territories that, for over 30 years, have seen not infiltration, but colonisation by the ‘Ndrangheta and, in the Abbiategrasso area, by bosses linked to Cosa Nostra. Various members of gangs linked to Cosa Nostra have been sent to this area on compulsory stays. In this area, there are parts of the economy that also feed on the laundering of capital from illicit activities by mafia-type organisations. This is not my own theory, the sentences say it, the operations directed by the District Anti-Mafia Directorates such as Crimine-Infinito, which acknowledged the presence of the mafias in the North. Now, if you refuse to see or to tell about it, quoting Professor Nando dalla Chiesa, “Either you are an idiot, and therefore you are an accomplice in some way, or you are actually an accomplice”. Anyway, I think that there is very little talk about public ethics and the role that politicians should have, that is, politicians with a straight back who should not go and have coffee with what is considered a member of a gang or a clan. As for the Municipality of Abbiategrasso, I do not know why they felt their image was damaged in 2023. There are other ways to protect the reputation and image of one’s territory, starting with serious environmental policies aimed at effectively protecting the territory and the landscape.

Let’s talk about gag complaints. How has this lawsuit affected your work and personal life?

Thanks to the solidarity of civil society and the mobilisation that took place for my case, several people from FNSI, Articolo21, Ossigeno, Libera, and Un Ponte Per took action. There have been many public and non-public voices that have come to my defense. Ossigeno per l’Informazione granted me pro bono defence. Many other colleagues do not receive this type of media coverage or, as it is very often referred to, media escort. When you are alone and do not have a media escort, these lawsuits have a huge impact, both on your work – because they intimidate, stop, and discourage you – but also on mental health because they are a constant concern. All the papers, the documents you have to collect to defend yourself; trials that go on for months, years. This has a greater impact on freelancers, because it is one thing to have a publisher behind you with an editor, a lawyer, a team that supports you; another thing to be alone.

What would we need to counter this phenomenon?

Definitely free legal coverage for all journalists who suffer this type of lawsuit. An ad hoc fund for compensation for damages.

What is the relationship between the press and politics, including local?

I think the state of the relationship between the local and national press and local and national institutions is not the best. I see, at the local level, an absence of journalism-journalism, quoting Giancarlo Siani, journalism that should question power. Local journalism, with rare exceptions, is a megaphone of power. This happens because there is no money; because local newspapers very often have publishers who work hand in hand with local business and therefore with local politics; because there is a lack of real independence of the journalist, also due to business models.

It goes without saying that political power that is not used to being questioned by the press resorts to lawsuits when subjected to criticism, because it is the easiest weapon. The lawsuit is the weapon used to silence and intimidate. It’s not just a warning to that particular journalist who writes, talks, and says certain things. It is also a warning to other journalists.

These gag complaints filed by people in power reveal a lot about the state of journalism in Italy and about the relationship between the press and institutions. But also on the freedom of speech and the right to inform, or Article 21 of our Constitution. The mafias are not just a judicial phenomenon, they are a social, cultural, economic, and political phenomenon and therefore we need to talk about them and I believe that journalists today have the role of informing and explaining to citizens also the forms and the metamorphosis of criminal organisations. As Paolo Borsellino said, talk about it. Talk about it on television, talk about it on the radio. But talk about it. If journalists do not tell the public that mafias today launder their money in costructions, that the mafias have also entered the municipalities of the north, who is going to do it?

What does it mean for you to be a journalist and in particular an independent investigative journalist?

I believe that what I carry on together with the Fada collective is committed journalism. It is militant journalism with a political gaze. It is non-neutral journalism, because it takes the time to look at the ecological and social fractures of certain societies and certain issues. I always give this example, quoting French colleague Salomé Saqué, who explains that deciding to give the floor to the CEO of Total, who is responsible for environmental crimes in Uganda that will force millions of people to leave the country, or to the environmentalists who are fighting against that project means making a precise choice. So, choosing to tell the story of the struggles of environmentalists in Uganda or Iraq means bringing their voices to the centre of public debate.

This interview 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.