Blog

Library

Slovenia: Media freedom groups welcome court ruling on RTV…

Slovenia: Media freedom groups welcome court ruling on RTV SLO reform

The undersigned members of the Media Freedom Rapid Response (MFRR) today welcome the decision of the Slovenian Constitutional Court to approve the passing of amendments to the law on Radiotelevizija Slovenija (RTV SLO) and give our support to current efforts to depoliticise the public broadcaster.

Our organisations believe this ruling offers the necessary conditions for RTV SLO to finally unwind the capture of the broadcaster under the previous government, rebuild its editorial independence and carry out its public service mission free from political interference and institutional destabilisation.

 

On 29 May 2023, the Constitutional Court lifted a temporary suspension which had blocked implementation of amendments to the Act on RTV Slovenia, which had previously been passed by the new coalition government in July 2022 and then approved via a referendum in November.

 

The reform restructures the management of RTV SLO from the two current governing councils into a single, 17-member decision-making body. Appointments to this new Council of RTV will now be made by representatives of civil society and RTV SLO employees, rather than the National Assembly. This body will then appoint a four-member board to run the broadcaster.

 

As our organisations outlined in November 2022, these changes represent a principled revision of outdated legislation, which if properly implemented should enable the depoliticisation of the broadcaster and limit the ability of any government to use its parliamentary majority to interfere in RTV SLO’s management.

 

Such institutional safeguards could not come soon enough. The broadcaster has been driven into a period of crisis and is now beset by a staffing crisis, serious financial challenges, internal divisions and plummeting public trust. Historical issues were exacerbated during the previous government, which sought to exert greater control over news programming and appointed political allies to management, with damaging consequences for media freedom.

 

While rebuilding the trust and viewership lost in recent years and increasing professionalism will be no easy tasks, the enforcement of the new law offers a turning point in the modern history of RTV SLO and creates the legal framework in which to do so. The new management, when appointed, will take on a heavy responsibility to oversee positive change and rebuild credibility.

 

Priority must be given to finding a sustainable financial model for funding the broadcaster’s work, rehiring the next generation of journalists, and establishing the smooth functioning of the editorial teams and newsrooms. The demands of those RTV SLO union staff who continue their strike demanding editorial autonomy and better working conditions must be settled.

 

A period of stability is required to allow such a transition and rebuilding program to take place. We urge the acting Director General to work in a constructive manner with the new council as it begins the process to appoint new management. We further urge all parties to respect the court’s decision and create an enabling political climate for the stabilisation of RTV SLO.

 

Following protests outside the broadcaster’s headquarters in Ljubljana earlier this week during which RTV SLO staff were verbally abused and obstructed, we also call on the current management to review security protocols to guarantee the safety of all journalists and media workers.

 

Our organisations renew our support for free, independent and professional public service broadcasting in Slovenia and stand beside all those who continue to work towards this democratic value.

Signed by:

  • International Press Institute (IPI)
  • Free Press Unlimited (FPU)
  • European Federation of Journalists (EFJ)
  • ARTICLE 19 Europe
  • 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. 

MFRR 3 consortium logos
Library

Türkiye: İstihbarat bir gazetecinin yaşamını nasıl mahvedebilir?

Türkiye: İstihbarat bir gazetecinin yaşamını nasıl mahvedebilir?

Medyada çalışmanın zorlukları, mülteci statüsünün kırılganlığı: Türkiye’nin kendisi için çalışmasını istediği bir gazetecinin hikayesi.

Yazan: Dimitri Bettoni 

İlk olarak OBCT tarafından yayınlanmıştır, Italyanca da mevcuttur

Shadi Türk, Suriyeli bir gazeteci. Türkiye’ye 2009 yılında çalışma izniyle geldi. Suriye’deki çatışmaların patlak vermesiyle birlikte, savaşın vahşetini, mültecilerin koşullarını ve tarihin gelişimini anlatmak için yerel ve yabancı medyayla işbirliği yapmaya başladı. Memleketindeki bağlantıları ve çalışma sırasında tanıştığı kişiler sayesinde, Shadi kısa sürede kendini hem gazetecilik bağlamına hem de Türkiye’de yaşayan Suriyeli topluluğa entegre olmuş halde buldu. Gazetecilik koordinasyon ve destek gruplarına katılıyor ve muhabir olarak çalışmadığı zamanlarda, meslektaşlarının gerçekten de kolay olmayan bir bağlamda yollarını bulmalarına yardımcı oluyor: Gazetecileri destekleyen ve bağlantılar, lojistik ve tavsiyelerle ilgilenen bir iş bitirici olarak çalışıyor. Ailesi şu anda Türkiye’nin güneydoğusunda, Suriye sınırına yakın bir yerde yaşıyor.

 

Nisan 2021’de ilk telefon gelir: Shadi’ye, kendisiyle görüşmek isteyen Milli İstihbarat Teşkilatı (MİT) mensupları ulaşır. Bir Suriyeli için, istihbarat mensuplarıyla temas kurmak korkunç hisler ve anılar uyandırır. Onun durumunda bu derinlikli sıkıntı, Türkiye’de kolayca iptal edilebilecek bir oturma izninin kırılganlığına eklenir. Devamında İstanbul’da gerçekleşen görüşmelerde MİT konuya açıklık getirir: Shadi, Türkiye’de misafirdir, onlarla işbirliği yapmak bir minnet borcudur, kendisine “Türkiye’de gazeteci olarak çalıştığın sürece, çalışmalarımın ayrıntılarını hükümetle paylaşmakla yükümlüsün” sözleriyle hitap edildiğini bildirir. Talepler başlangıçta sadece kendi işiyle ilgiliyken, daha sonra giderek diğer meslektaşlarının ve Shadi’nin bir gazeteci olarak katılabileceği toplantılarda bulunan önde gelen siyasi şahsiyetlerin faaliyetlerini ve hareketlerini de içerir. Bu talepler arasında, Nisan 2022’de Yabancı Medya Derneği (FMA) ile AB Türkiye Delegasyonu Başkanı Nikolaus Meyer-Landrut arasında kapalı kapılar ardında yapılan bir toplantıya katılması da var.

 

Shadi korkmuştur. Başlangıçta, ilgisiz bilgileri aktararak ve anlatacağı hikayelerin seçimi, kiminle çalışacağı ya da meslektaşları hakkında bilgi vermesi gibi bir gazeteci için kabul edilemez taleplerden kaçınarak durumu idare etmeye çalışır. Ancak kısa süre sonra, kendisini sıkıştırdıkları sarmaldan çıkış yolu olmadığını fark eder: “Bir yıl boyunca MİT ajanlarıyla yaptığım dokuz görüşmede hem elimdeki bilgileri paylaşmam hem de yeni bilgiler toplayıp bunları MİT’le paylaşmam için baskı gördüm. Bunu reddetmem üzerine açıkça hapisle, Suriye’ye sınırdışı edilmekle, ‘kaybedilmekle’ tehdit edildim.”

 

Büyük bir psikolojik sıkıntı yaşayan Shadi, gazetecilik mesleğini bırakır, Akdeniz kıyısında güneye taşınır ve istihbaratın kendisine olan ilgisini kaybetmesi umuduyla dalgıçlık eğitimine başlar. Beklediği gibi olmaz, öyle ki yeni görüşme talepleri alır: “Daha iyi olduğunu görüyoruz. Seni İstanbul’da görmek için sabırsızlanıyoruz”. Türkiye’de geçirdiği zamanın sona erdiğini anlar, misilleme yapılmasından korktuğu ailesi için de durumun aynı olduğunu görür.

 

Shadi, çeşitli uluslararası kuruluşlara ve onlar aracılığıyla da Avrupa’daki diplomatik temsilciliklere başvurarak tek bir talepte bulunur: kendisinin ve ailesinin güvenli bir şekilde ülkeden çıkarılması. Ancak bu çağrı dikkate alınmaz. Avrupa hükümetleriyle arabuluculuk yaparak Shadi’yi destekleyenler, durumun başta Shadi ve ailesi olmak üzere ülkede çalışan tüm meslektaşları için ne kadar büyük bir tehlike arz ettiğini anlatmaya çalışsalar da Avrupa bakanlıkları harekete geçmez, oyalamaya devam eder. Bu arada durum Shadi için giderek dayanılmaz bir hal alır. Köşeye sıkışan Shadi, Doğu Asya vizesi almayı başarır ve Aralık 2022’de Türkiye’den ayrılarak Filipinler’e gider. Kısa bir süre sonra Türk makamları onu ulusal güvenliğe tehdit olarak ilan eder ve ikamet belgelerini iptal eder.

 

Shadi işleri sarsmak, kamuoyunu dahil etmek ve böylece Avrupa’nın dikkatini ve yardımını çekmek için yeni ve umutsuz bir hamle dener. Alman Taz dergisine uzun bir röportaj verir ve tüm hikayesini anlatır. Birkaç gün sonra, Türkiye’deki iktidar destekçisi medya çok farklı bir tablo çizen bir dizi makale yayınlar: Onların anlattığına göre Shadi, Suriyeli mülteciler ile Türkiye arasındaki huzuru ortadan kaldırma misyonuyla Batı için çalışan bir casustur. Kendisini ve ailesini tehditlere ve intikama maruz bırakma riski taşıyan kişisel detaylar ve fotoğraflar yayınlanır.

 

Shadi bugün hala, yalnızca zulüm gören bir gazeteci olarak statüsünün tanınmasından gelebilecek yardımı bekliyor. O ve ailesi sadece bir gazetecinin hak ettiği korumayı değil, aynı zamanda yeni bir başlangıç ve güvenli bir varoluş imkanını da hak ediyor. Aksi takdirde, istihbarat bir gazetecinin hayatını nasıl mahvedebileceğini görüyoruz.

This article was published 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.

MFRR 3 consortium logos
Kosovo protests Library

Kosovo: Concern over attacks on journalists and media workers

Kosovo: Concern over attacks on journalists and media workers

The current political developments in Kosovo have once again stirred up an atmosphere that hinders the ability of journalists to carry out their responsibilities with credibility and without obstacles.

Together with our partners in the SafeJournalists Network, we express our deep concern over a series of attacks on journalists and media personnel in the northern municipalities of Kosovo from May 26th to May 31st, 2023.

 

During the period from May 26th to May 31st, 2023, Association of Journalists of Kosovo(AJK) AJK and SafeJournalists Network recorded a total of 20 incidents of assaults and attacks against journalists and media personnel in various municipalities of Kosovo. These incidents highlight the alarming rise in violence and intimidation targeting journalists, hindering their ability to carry out their vital work in a safe and unbiased manner. The list of all 20 recorded cases is available here.

 

Xhemajl Rexha, Chairperson of AJK, highlights the constant appeals to local and international security bodies, urging them to provide a secure perimeter where journalists can carry out their work without hindrance or fear of attack. Unfortunately, these appeals have not been heeded so far. 

 

The SafeJournalists Network and  Media Freedom Rapid Response (MFRR)  find  this situation extremely worrying, as journalists tend to be the primary targets during protests and riots in northern Kosovo. Testimonies from our colleagues, along with the documented attacks, provide further evidence of the dangerous working conditions in Zvecan, particularly the lack of adequate protective equipment.

 

The situation raises concerns and apprehension regarding the possibility of future, potentially more severe occurrences. The SafeJournalists Network, representing over 8,200 media professionals and the undersigned organisations, calls upon the international presence in Kosovo, responsible for ensuring stability, to prioritise the protection and welfare of journalists. We urge them to promote a secure environment that enables journalists to fulfil their professional duties without fear of violence or intimidation. Furthermore, we call upon all state and local officials to ensure equal treatment of all journalists in Kosovo.

 

The SafeJournalists Network will inform relevant national and international stakeholders about these cases of attacks on journalists from May 26th to May 31st, 2023. We emphasise that each attack on journalists is an attack on public interest, democracy, and the rights of all citizens.

Signed by:

  • ARTICLE 19 Europe
  • Association of Journalists of Kosovo
  • Association of Journalists of Macedonia
  • BH Journalists Association
  • Croatian Journalists’ Association
  • European Federation of Journalists (EFJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • Independent Journalists Association of Serbia
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Trade Union of Media of Montenegro

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. 

MFRR 3 consortium logos
Belgrade, Serbia protests Library

Protests in Belgrade and violence in reality shows

Protests in Belgrade and violence in reality shows

After the massacres of recent weeks, street demonstrations continue against the government and above all the media, which according to critics have created a climate of intolerance and violence over the years.

By Massimo Moratti

Originally published by OBCT, also available in ITA

Protests continue in Belgrade. The demonstrations of May 8, 12, and 19 were followed by others on May 26 and 27, organised by the government and the opposition respectively.

 

The demonstrations managed to bring tens of thousands of people to the streets and block the main arteries of the Serbian capital. If initially composure and pain for the victims of the massacres that have marked the country in recent weeks prevailed, the protests have gradually articulated specific requests to the government, which so far has refused to respond.

 

Some concern the situation of the media in Serbia and the passivity of the institutions in countering the violence present in the media space. Protesters ask for a ban on media and tabloids that promote violence and hatred, and for an end to programmes – such as some reality shows – that promote aggressive, violent, and immoral behaviour, and finally for the resignation of the entire media regulator institution (REM).

 

The connection between the massacres and the demands of the protests in Belgrade

While at the moment it seems difficult to find a direct causal link between the mass massacres and the demands of protesters, the accusations leveled against the government are those of having created a media system that not only tolerates, but actually promotes violence.

 

This connection emerges clearly in the case of the second massacre. The perpetrator of the Mladenovac massacre had as his idol a certain Aleksandar “Kristijan” Golubović, a well-known protagonist of some reality shows, including “Zadruga”, broadcast on Pink television.

 

Golubović’s “curriculum” speaks volumes: multiple offender for drugs and armed robberies, MMA fighter, he boasted, rightly or wrongly, of friendships with characters such as Arkan, a notorious paramilitary leader during the conflicts of the 90s, and Ulemek “Legija”, the person responsible for the killing of Prime Minister Zoran Đinđić.

 

In recent years, Golubović has become a star of reality shows that competed for him and the protagonist of numerous episodes of violence, insults, fights, including strangling his partner until she was knocked unconscious. Golubović’s is not an isolated case, similar episodes abound in reality shows and on Serbian television. In addition to common criminals on reality TV, war criminals are also regularly hosted in talk shows as experts on geopolitics or military matters in what is a real glorification of violence.

 

The role of private TVs

Private television stations RTV Pink and Happy TV are most likely to broadcast reality shows and violence. Nonetheless, last July these two television station were assigned a national frequency for the second consecutive time.

 

This was criticised by civil society and trade associations: the numerous complaints for incitement to hatred and violence had not been taken into account by the REM which reassigned the frequencies to RTV Pink and Happy TV as well as B92 and Prva TV, two other private TVs, still close to the government but whose contents have not attracted the same criticisms as RTV Happy and Pink.

 

This decision was also criticised in the progress report on Serbia’s EU accession and by the ODIHR report on the 2022 elections, which had underlined how the REM had tolerated violations of the electoral campaign rules by the four nationwide televisions.

 

In recent years, Happy and Pink have often been at the centre of controversy and scandals, but have never been subject to significant sanctions. The reason for this, most likely, is that these broadcasters have a very close link with politics and are essentially considered personal instruments of political power in Serbia and in particular of President Vučić, who is a regular guest: one of Vučić’s first TV appearances after the massacres was on Happy TV.

 

In this perspective, as highlighted by the lecturers of the Faculty of Political Sciences Jelena Đorđević and Rade Veljanovski in an interview for Radio Slobodna Evropa, the violence in media tones and contents is nothing but the reflection of the political discourse and, at the same time, these stations are the pillars on which the Vučić regime relies, in a similar way to what happened in the 1990s with state television.

 

The comments of the REM and of the TV stations

In front of the demands of the protests, the REM has taken defensive positions. In a statement released on May 11, President Olivera Zekić said that while their resignations should be discussed in Parliament, we should also discuss how a part of society and the media wants to blame the REM for these terrible tragedies in Serbia.

 

Zekić then reiterated that the repeated attacks against the REM are not only shameful, but could even lead to further violence. The president’s statements were followed by similar statements by REM vice-president Milorad Vukašinović a few days later: “I fear that the instigators of the attacks against the integrity of the REM […] are in the headquarters of some media”. Pressed later on the role of Kristijan Golubović on television, Vukašinović replied that media regulators cannot limit the rights of citizens who have already served sentences, unless this is provided for by these sentences.

 

However, another member of the REM, Judita Popović, admitted that for years the media have favoured incitement to hatred, violence, and discrimination and that no one has reacted, but in fact certain media have been rewarded with national frequencies. Resignations are not enough, said Popović, REM members should be held responsible for certain situations.

 

The words of the members of the REM were echoed by the Minister of Information, Mihailo Jovanović, who rejected as unacceptable the demands to close both RTV Pink and Happy TV, as such requests would be contrary to freedom of expression, a fundamental pillar of any democratic society.

 

A hint of self-criticism comes from Željko Mitrović, the owner of Pink, who entered the house where the “Zadruga” reality show is held and announced that this is the last season of the reality show, which will change from next year. Subsequently, Mitrović himself announced that “Zadruga” will cease to be broadcast within ten days at the latest and that this was a request made by Vučić himself. We will see if the words will be followed by deeds.

 

Conclusions

The protests are creating a lot of nervousness within the Serbian government and seem to focus on the passivity of the REM and the sensationalist approach of private national televisions, which are often the favorite stage of the SNS, the president’s party.

 

The REM and the Minister of Information have hidden behind a formal approach of defense of the institutions and freedom of the right of expression, without however emphasising how the same right of expression must be regulated within Serbian society. In this sense, an article by the Centre for Investigative Journalism in Serbia (CINS) is illuminating, which explains that the problems do not arise from the fact that the regulations are not adequate but from the fact that they are not applied.

 

For example, in January of this year alone, within the famous reality show “Zadruga”, there were more than ten controversial episodes as documented in a complaint filed by the Institute for Media and Diversity (MDI). This complaint has not been acted upon: in the last 5 years the REM has not ordered any measures against RTV Pink for its problematic contents and this happens because the law is not applied adequately and broadcasts with high audience ratings such as reality shows they are considered untouchable. As demonstrated by the CINS, the REM has remained silent in these cases. And it is precisely against this silence that citizens are now protesting.

This article was published 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.

MFRR 3 consortium logos
Library

Turkey: How the secret services can destroy a journalist’s…

Turkey: how the secret services can destroy a journalist’s life

The difficulties of working in the media, the fragility of refugee status: the story of a journalist that the Turkish state wanted for itself.

By Dimitri Bettoni

 

Originally published by OBCT, also available in ITA

 

Turkish translation available here.

Shadi Türk is a Syrian journalist. He arrived in Turkey in 2009 with a study permit. Then, with the outbreak of the Syrian conflict, he began to collaborate with local and foreign media to tell the atrocities of the war, the conditions of the refugees, the evolution of history. Thanks to the contacts at home and those gained during the work, Shadi soon found himself well integrated into the journalistic context as well as in the Syrian community living in Turkey. He participates in journalistic coordination and support groups and, when he is not working as a reporter, he often helps colleagues to navigate in a context that is indeed not simple: he works as a fixer, who supports journalists and deals with contacts, logistics, advice. His family now lives in the southeast of Turkey, near the border with Syria.

 

In April 2021 the first call arrives: Shadi is approached by members of MIT, the Turkish secret services, who want to meet him. For a Syrian, contacts with men of the secret services evokes brutal feelings and memories. In his case, this extreme distress adds up to the fragility of a residence permit in Turkey that can be easily revoked. In subsequent meetings, which took place in Istanbul, the MIT clarified the terms of the matter. Shadi is a guest in Turkey, collaborating with them is an act of due gratitude: “As long as I work as a journalist in Turkey, I am obliged to share the details of my work with the government” are the words that Shadi reports he is addressed with. The requests initially concern solely his work, but then they increasingly include the activities and movements of other colleagues, and of prominent political personalities present at meetings that Shadi, as a journalist, can attend. Among these requests, to join in April 2022 a closed-door meeting between the Association for Foreign Media (FMA) and the head of the EU delegation to Turkey, Nikolaus Meyer-Landrut.

 

Shadi is frightened. Initially, he tries to handle the situation by passing irrelevant information and by evading requests on the choice of stories to tell, who to work with, or to reveal information about colleagues, inadmissible requests for a journalist. Soon, however, he realizes that there is no way out from the spiral in which they have tightened him: “During nine meetings with MIT agents over a one-year period, I have been pressured to both share information in my possession as well as gather new information and share it with MIT. Upon my refusal, I was explicitly threatened with imprisonment, deportation to Syria, disappearance.”

 

Shadi, under enormous psychological distress, abandons his journalistic work, moves to the south along the Mediterranean coast, where he begins his training as a diver in the hope that the services lose interest in him. It does not happen, so much so that he receives new requests for meetings: “We see that you are better. We look forward to seeing you in Istanbul”. He understands that his time in Turkey is over, and so is that of his family, for whom he fears retaliation.

 

Shadi turns to several international organizations and through them to European diplomatic corps, with nothing but a single request: to get him and his family out of the country safely. An appeal that, however, remains unheeded. The European chancelleries do not take action, they stall, despite that those who support him in the mediation with European governments try to explain how the situation represents a great danger first for Shadi and his family, and also for all the colleagues who work in the country. Meanwhile, the situation becomes increasingly unbearable for Shadi. Cornered, he manages to get a visa for East Asia, leaving Turkey in December 2022, destination Philippines. Shortly thereafter, the Turkish authorities declared him a threat to national security and revoked his residence documents.

 

Shadi tries a new, desperate move to shake things up, involve the public opinion and thus attract European attention and help. He gives a long interview to the German magazine Taz, and he tells his whole story. A few days later, Turkish state media published a series of articles that portrayed a very different picture: according to their version, Shadi is a spy for the West with the mission of subverting the peace between Syrian refugees and the Turkish state. Personal details and photographs that further risk to expose him and his family to threats and revenge are published.

 

Today, Shadi is still waiting for help that can only come from the recognition of his status as a persecuted journalist. He and his family deserve not only the protection due to a journalist, but also the possibility of a new beginning and safe existence. Otherwise, we now see how the secret services can destroy a journalist’s life.

This article was published 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.

MFRR 3 consortium logos
The team of journalists at KRIK. Credit: Oliver Bunic (NIN) Library

Serbia: Legal harassment of investigative media outlet KRIK must…

Serbia: Legal harassment of investigative media outlet KRIK must stop

The legal harassment against Serbian investigative media outlet KRIK continues as the portal was convicted for reporting on a Strategic Lawsuit Against Public Participation (SLAPP) case it was facing, at the same time as a new abusive lawsuit has been filed against it.

We, international press freedom and journalists’ organisations, stand in solidarity with KRIK’s newsroom, which is currently fighting 12 legal proceedings, and raise the alarm about the use of SLAPPs in Serbia, considered as a growing threat to independent journalism.

 

In recent months, KRIK has been facing multiple lawsuits as a result of public interest investigations exposing crime, corruption and other abuses of power committed by powerful people in Serbia, often affiliated with the ruling party.

 

The latest alarming development came from the Belgrade High Court on 3 May. In a first instance decision, the court condemned KRIK for naming in an article the individuals who sued them – police commander Goran Zivkovic and two of his colleagues from the Witness Protection Unit. In the article published in December 2021, the media outlet detailed the avalanche of lawsuits it is currently fighting: namely who brought the cases, on what grounds and their impact on the whole editorial team. As a result, KRIK must pay 374,200 dinars (almost 3,200 €) in compensation for “emotional pain” and for trial expenses. The court also ruled that part of KRIK’s web article must be deleted. KRIK has appealed.

 

In a reaction to the verdict, KRIK’s editor Stevan Dojčinović said SLAPPs are the outlet’s biggest challenge: “this latest ruling makes it clear that SLAPPs have become the regime’s main tool for shutting down the few remaining independent media outlets. Things have gone so far that we are no longer even allowed to complain in public about the fact that our newsroom is flooded with lawsuits – we are found guilty even for that.”

 

On 11 May 2023, KRIK reported that the media outlet is facing a new lawsuit in response to an article published on 11 April 2023. The lawsuit was filed by Nikola Petrović against KRIK’s editor and investigative reporters Bojana Jovanović and Dragana Pećo. He demanded the removal of the article and is seeking 200,000 dinars (1,700€) in compensation for “mental suffering”. Nikola Petrović has filed two other lawsuits against KRIK: one ended in favour of KRIK and the other is still pending.

 

This case is the last in a series of 12 lawsuits initiated in most cases by people from the government or businessmen close to them. The amount of damages claimed is completely disproportionate and exceeds by three times the organisation’s annual budget. While the financial burden is huge, the negative impact on the day-to-day operations is equally significant. The time spent on preparing the defence, presenting the evidence, analysing hundreds of pages of legal documents is effectively taking journalists away from their core work: investigating and informing citizens. 

 

SLAPPs threaten the future of independent journalism – aiming to intimidate, drain resources and isolate reporters so they abandon their hard-hitting investigations. We, the undersigned organisations, renew our support to the KRIK journalists and call on the Serbian judicial authorities to finally acknowledge SLAPPs as a means to silence voices and suppress information of public interest. Serbia continues to provide one of the most fertile grounds in Europe for suing journalists in retaliation for their work. By failing to recognise the threats posed by SLAPPs, the latest court decision sends a worrying signal to all Serbian journalists who investigate sensitive political and economic issues. We hope that the appeal process will consider the serious impact of SLAPPs against journalists, and will finally uphold the public interest and international standards on freedom of expression.

Signed by:

  • Blueprint for Free Speech
  • Civic Initiatives
  • Civil Rights Defenders
  • Coalition For Women In Journalism (CFWIJ)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • Index on Censorship
  • Institute for Mass Media Cyprus
  • International Press Institute (IPI)
  • Justice for Journalists Foundation
  • OBC Transeuropa (OBCT)
  • Organized Crime and Corruption Reporting Project (OCCRP)
  • PEN International 
  • Reporters Sans Frontières / Reporters Without Borders (RSF)
  • SafeJournalists Network
  • South East Europe Media Organisation (SEEMO)
  • Solomon

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.

MFRR 3 consortium logos
Library

Slovakia: Profound disappointment as suspected mastermind in Ján Kuciak…

Slovakia: Profound disappointment as suspected mastermind in Ján Kuciak murder acquitted again

Following today’s acquittal of the suspected mastermind in the killing of Slovak journalist Ján Kuciak, we, the undersigned international media freedom and journalist organisations, express our profound disappointment, renew our calls for justice and convey our steadfast solidarity with the families of Ján Kuciak and his fiancée Martina Kušnírová.

This acquittal of businessman Marian Kočner, which was announced earlier today following a retrial at the Specialized Criminal Court, represents another devastating blow to the fight for full justice for Ján and Martina’s killing. The judges voted 2:1 to find Kočner not guilty of ordering the 2018 assassination.

The judges did convict Alena Zsuzsová, a close associate of Kočner, of ordering the hit and sentenced her to 25 years in prison. She was also convicted of ordering the murder of two Slovak prosecutors. Both her and Kočner’s verdicts, which come after the Supreme Court revoked the initial acquittals in June 2021, can be appealed.

Kuciak and Kušnírová were shot dead in their home outside Bratislava on 21 February 2018. Judges again ruled that prosecutors had not presented the concrete evidence necessary to rule beyond reasonable doubt that Kočner – a businessman with links to Slovakia’s political, judicial and security elite – had ordered the journalist’s death. Both he and Zsuzsová are currently serving lengthy sentences for other crimes.

Our first thoughts go to Ján and Martina’s families, who have endured years of painful court hearings and who have yet again been denied full justice and accountability. We share their intense frustration regarding Kočner’s verdict and stand in full solidarity with the couple’s family, loved ones and colleagues at this difficult time.

This repeated failure to secure the conviction of the suspected mastermind is another damaging setback in the fight against impunity for the murder of journalists in Slovakia, and in Europe. This case follows an all-too-common pattern in which the hitmen and facilitators involved in such crimes are put behind bars while the suspected masterminds who ordered the murder evade justice.

Another acquittal for the most serious crime against journalism in Slovakia’s modern history also has worrying implications for the fragile media freedom progress made within the country in recent years. As we process this disappointing setback, we remain as committed as ever to securing full justice for Ján and Martina and will support the families during the appeal to the Supreme Court.

Those who order the killing of a journalist cannot be allowed to act with impunity. The fight for justice will continue.

Signed by:

ARTICLE 19 Europe

Committee to Protect Journalists (CPJ)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

International Press Institute (IPI)

OBC Transeuropa (OBCT)

Reporters Without Borders (RSF)

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

MFRR 3 consortium logos
Library

Poland: TOK FM fine sparks renewed concerns about regulatory…

Poland: TOK FM fine sparks renewed concerns about regulatory capture

The International Press Institute (IPI) raises alarm over the controversial fine imposed on the independent radio TOK FM by the chair of Poland’s broadcast media regulator and warns of increasing regulatory pressure on the station ahead of a looming licencing decision.

On 28 April 2023, it was announced that the chairperson of Poland’s National Broadcasting Council (KRRiT), Maciej Świrski, had levied a fine of PLN 80,000 (€17,680) on TOK FM for allegedly violating broadcast law and “inciting hatred” during a morning radio interview.

The financial penalty stemmed from an interview broadcasted in June 2022 in which the host Piotr Maślak spoke with a guest about a history textbook introduced into Polish schools. The book had been commissioned by the Ministry of Education and written by a professor who used to be a politician for the governing Law and Justice (PiS) party.

Speaking critically about the textbook, Maślak stated that in his opinion some elements and language could be compared to Nazi propaganda within the Hitler Youth. His statement was followed by the presentation of specific quotes from the book which he described as problematic.

The fine by KRRiT came more than 10 months after the show was broadcasted. In his justification, the chairman claimed the language used on TOK FM had violated Article 18(1) of the Polish Broadcasting Act by “promoting illegal activities, views and attitudes contrary to morality and social good, and containing content inciting hatred and discriminatory content.”

The fine comes as TOK FM, which is owned by Polish media house Agora and is the fourth-most-popular radio station in Poland, awaits a decision on the renewal of its broadcast licence from KRRiT. The current ten-year licence is due to expire in November 2023. The radio station and Agora stood by the journalist and described the fine as “absurd”.

 

Deepening concern

“This fine against TOK FM is another example in the growing list of problematic regulatory decisions taken by the head of Poland’s National Broadcasting Council in response to legitimate journalistic content on issues sensitive for the government,” IPI Deputy Director Scott Griffen said. “The opinion expressed by the journalist during the show clearly does not meet the threshold for the serious violations alleged. On the contrary, IPI is concerned that this decision by the KRRiT chairman represents a disproportionate and discriminatory application of the Broadcast Act which penalizes a media outlet for exerting its right to free opinion on a matter of public interest.

“IPI and our global network call for this fine to be rescinded immediately. A decision regarding TOK FM’s pending licence renewal should be made by KRRiT in a timely and independent manner and based on strict professional criteria. We further call on the KRRiT chairman to immediately cease imposing fines and ordering investigations against media carrying out legitimate journalistic work.”

“Worryingly, this is a pattern IPI has documented before: one in which the current KRRiT chairman, an ally of PiS, imposes meritless fines on media critical of the government. Many of these investigations appear to have been launched in response to calls for probes by PiS politicians or in retaliation for reporting on sensitive issues.”

Griffen added: “Crucially, this regulatory decision also has implications beyond the financial cost to the media outlet. It comes as TOK FM awaits a decision on the renewal of its ten-year broadcast licence. With its future on the airwaves in the balance, we are concerned that this fine represents a black mark against its name which some members of the KRRiT could now potentially use to argue for the non-renewal of the licence.”

This is not the first time such regulatory pressure has been applied to critical media organizations. The unjustified withholding of the licence renewal of TVN24 until the last moment by government-friendly figures within KRRiT in 2021 was a key example. While that licence was ultimately granted after a months-long standoff, this kind of pressure creates an unstable climate for media to operate in or make sound financial planning.

 

Regulatory capture

Griffen noted that the non-renewal of broadcast licences for independent media by captured regulatory bodies has been one of the key mechanisms used by illiberal governments to stifle press freedom and erode media pluralism in Europe in recent years. Hungary’s Media Council, which is controlled by appointees of the Fidesz party, is the prime example here, he said.

“IPI is concerned that  KRRiT, which has long been dominated by figures appointed by PiS and its allies, has increasingly become an instrument for applying politically-motivated pressure to media critical of the ruling party”, Griffen added. “While KRRiT retains some level of pluralism compared to Hungary’s captured Media Council, we believe the politicization of the body poses a threat to media freedom in Poland.

“Increased scrutiny must be given by EU institutions to KRRiT and the implications of its decisions on free media. Threats to KRRiT’s independence should be clearly highlighted in future EU Rule of Law reports. At the same time, safeguards must be implemented to increase the regulatory authority’s institutional independence moving forward.

“KRRiT, as well as the separate National Media Council, are therefore key examples of the need for a strong European Media Freedom Act (EMFA). The fine imposed by KRRiT on TOK FM is also an example of a case in which scrutiny by the EMFA’s proposed European Board for Media Services would, in our view, be justified.”

In March, IPI warned about signs of increasing pressure on critical and independent media ahead of the general election in Poland in autumn 2023, with regulatory pressure by KRRiT highlighted as a key concern.

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.

This statement 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. The project is co-funded by the European Commission.

MFRR 3 consortium logos
Media capture Slovakia Library

Slovakia: A story of fragile pluralism, media resilience and…

Slovakia: A story of fragile pluralism, media resilience and the struggle against corruption

As part of the MFRR, the International Press Institute (IPI) today published the new report ‘Media Capture in Slovakia: A story of fragile pluralism, media resilience and the struggle against corruption’.

The report, authored by Peter Hanák, explores the extent of media capture in Slovakia.

Overall, the report finds that media pluralism remains relatively strong compared with Slovakia’s neighbours in the Visegrád region.  While the power of media oligarchs in the country remains problematic, there is a resilient independent media sector.

Nevertheless, a number of challenges exist that require both vigilance and reforms. Examples of the instrumentalization of media abound in particular as politicians and oligarchs have used media over which they have influence to discredit critical journalism and undermine efforts to prosecute the high levels of corruption exposed following the murder of investigative journalist Ján Kuciak and his fiancée, Martina Kusnirova, in 2018.

Though the public broadcaster, RTV Slovakia, currently enjoys relatively low levels of political pressure, it has a history of vulnerability to political interference and securing its stability and independence should be a priority. The failure of the government to depoliticize the appointments process and to finalise reforms over its financing leaves it highly vulnerable to political capture in the future.

Media regulators, while enjoying a level of relative pluralism in part due to Slovakia’s fragmented political landscape, still suffer from a political  appointments process that affects the perceived levels of impartiality and professionalism of these bodies. Reforming the appointments process to prioritize criteria of professional expertise and political independence would greatly enhance the capacity and legitimacy of these bodies.

The distribution of state advertising remains highly vulnerable to abuse by politicians seeking to reward political allies in the media. This risk can be addressed by bolstering transparency and introducing rules that ensure all distribution decisions are based on objective, proportionate and non-discriminatory criteria.

Recent reforms to bolster independent journalism and press freedom have helped produce progress on safety and source protection, and by many measures the media is in good shape. However, vigilance and further reforms are required to shore up the country’s defenses against media capture to strengthen the independent press, and the report makes a number of recommendations to this end. With elections due in September there is fear that the progress made in recent years may be rapidly unwound. Moreover, while not directly related to media capture, the continued impunity for the masterminds of the murder of Kuciak and Kusnirova continues to cast a shadow over journalism in the country.

The report was commissioned as part of IPI’s series of reports into media capture in Central and Eastern Europe, which involves the capture of once-independent media houses by vested political or business interests, which collude to control the narrative and serve their own political and financial ends.In return for state advertising funds and lucrative contracts in other industries, governments and oligarchs find mutual benefits in media offering positive, compliant coverage. This stealth-like takeover of news media by oligarchic owners working with state authorities in many central and eastern European countries has severely distorted the free flow of information and eroded media pluralism, with deeply damaging effects on democracy.

For more information on IPI’s work on media capture in Europe please follow this link.

The report was published with the support of the Friedrich Naumann Foundation and as part of IPI’s programme of work in the Media Freedom Rapid Response (MFRR), a project which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.  MFRR is supported by funding from the European Commission.

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. 

MFRR 3 consortium logos
Serbia’s Regulatory Body for Electronic Media (REM). Photo via Cenzolovka/Jana Nikolić (Media Pluralism Serbia) Library

Media pluralism in a legal limbo in Serbia

Media pluralism in a legal limbo in Serbia

The allocation of national broadcasting frequencies in Serbia highlights the lack of transparency and pluralism in the sector. Frequencies are only awarded to government-friendly media. Concerns have been expressed by both the European Commission and the European Parliament.

By Massimo Moratti

Originally published by OBCT, also available in ITA

The issue of the public allocation of national broadcasting frequencies in Serbia seems to have come to a public halt, after a few important developments in the past months that have shown how contentious this issue is and exposed the weaknesses of the institutional framework of Serbia.

 

The usual suspects receive (again) the national TV frequencies

The whole dispute started on 29 July 2022 when Serbia’s Electronic Media Regulatory Body (REM) awarded the four national broadcasting frequencies for a period of eight years to the same four televisions (Happy, Pink, B92 and Prva) that had previously received them. The allocation occurred in spite of the numerous shortcomings in the performance of these televisions, including at least 12,000 violations of the advertising act in the previous years and of the fact that several reports for hate speech and violence were filed against them.  The award decision started a public outcry and attracted severe criticism by local and international stakeholders since these televisions are all known to be supportive of the SNS, the Serbian Progressive Party, currently in power in Serbia. National and international press freedom organisations considered the process of allocation of the frequencies to be in violation of the principle of pluralism of the public broadcasting organisations and of the principles on the allocation of licences.  Few days later, the REM announced that a fifth national frequency would be allocated and that the whole process would be over by the end of the autumn.

 

The EU progress report

The whole issue was extensively covered by the EU in its 2022 progress report which highlighted how the REM had awarded the four national frequencies to the same broadcasters as in the previous eight years in spite of the fact that all of them had received warnings by the REM due to violations of their legal obligations. The EU reiterated the need to respect the principle of media pluralism and transparency in the process of allocating the frequencies. Moreover, in the progress report the EU quoted the ODIHR final report on the April 2022 elections in Serbia. In its final report the ODIHR noticed that the REM remained passive in overseeing the conduct of Serbian media during the recent electoral campaign.  ODIHR also remarked  that national public broadcasters provided “extensive uncritical news coverage  to public officials who were also candidates” while “private TV channels with a national coverage […] allocated some 90% of coverage in news programmes to the president and government officials portraying them generally positively”.  In other words, the REM had failed in its role of ensuring the correct application of the rules regulating the electoral campaign on the public broadcasters.

 

The saga of the fifth frequency begins

The public tender for the fifth national frequency was launched in August 2022 with a deadline set for the 11 October for the submission of bids. Four televisions eventually applied, amongst them TV Nova S which produces a number of successful programmes and is known for its critical stance towards the government.

According to Nova S,  the deadline for the REM to decide on the applications was 30 days  and it expired on the 26 November, however on 29 November the chairperson of the REM herself denied that there was any deadline for the awarding of frequencies and that the decision would be brought during one of the next sessions, without making any firm commitments.

 

Darkness in Serbia

The applicants and those following the process were worried that the whole procedure was just an excuse to buy time and eventually avoid awarding the frequencies. This led to a significant protest of the televisions belonging to the operator United Group, N1 and TV Nova S. On 6 December, the two TVs stopped their broadcasting and for the whole day they broadcasted a black screen displaying the text “Darkness in Serbia without free media”. The protest had a large impact and its timing coincided with the summit EU – Western Balkans. President Vucic himself was forced to comment on it during the summit itself criticising the TVs and stating that they were protesting more in their own interest than in that of the public. The protest of the TVs was later followed by another organised within the National Parliament by the members of the opposition who showed their support for the two televisions and displayed the same message as the two TVs did.

 

REM goes on strike

While the protest of the TVs did not explicitly refer to the issue of the fifth frequency in Serbia, the message was nevertheless clear and the reaction of the REM was immediate. The REM suspended their work on 9 December via an urgent phone session. Later on that month the chairwoman of the REM informed the Parliamentary Committee on Culture and Information that the REM had gone on strike because of the “violent coordinated pressure” that they were receiving from opposition groups and in particular because of the pressure from the United group. Debates followed whether such a strike was legal or not, but the result was that time was passing and once more the decision on the allocation of the fifth frequency was delayed. The strike eventually ended on 21 December 2022 after the REM received the support of the parliamentary committee as well as that of the Minister of Information and Telecommunications.

 

The saga continues…

The end of the strike was not the end of the saga. Two days after the end of the strike the president of the REM itself announced publicly that the REM will not allocate the fifth national frequency while there is a pending court dispute with one of the applicants. The reference was to TV Nova S, which on 20 December had started a court case for administrative silence against the REM because the deadline to award the frequency had passed and no decision was brought. While the court case had been initiated to urge the REM to complete the procedure, the REM referred to it as a reason to continue postponing the decision on the allocation of the fifth frequency, even if the case can last years. The chairperson of the REM, Ms. Olivera Zekic, in fact stated that the court procedure “will last as long as it lasts. We can’t interfere in the work of judicial bodies. Was anybody forcing them (Nova S) to take us to court? No, I only regret that because of them, also other interested TVs will have to wait”. The paradox is that the lawsuit against the administrative silence is now being used by the REM to continue their silence and has become the main excuse to delay solving the issue. A similar complaint raised with the Ombudsman’s Office did not produce any results.

To date, there is no end in sight to this issue, even if eight months have passed since the call for the fifth frequency was launched and the deadline expired more than 5 months ago. The fact that the issue was raised both by the European Commission in October and most recently, in April 2023, by the  Foreign Affairs Committee of the European Parliament did not unblock the situation. Indeed when commenting on such a report, the chairperson of the REM while rejecting the criticism of the European Parliament clearly stated that the REM has no legal obligation to issue the fifth frequency and that four national frequencies are even too much for the Serbian market. The latest statement seems to confirm what many suspected at the beginning: that the fifth national frequency will never be allocated or that it will be allocated when it is too late and it becomes meaningless.

This article was published 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.

MFRR 3 consortium logos