Poland: PiS accelerates repolonization drive with passing of ‘Lex…

Poland: PiS accelerates repolonization drive with passing of ‘Lex TVN’

IPI urges Senate and president to reject amendment to media ownership law that targets critical broadcaster.

The IPI global network today expressed deep concern over the passing by the Polish parliament of an amendment to broadcast media law which threatens the independence of the country’s largest private television broadcaster, TVN. IPI urges stronger action by the U.S and European Commission to defend media freedom.

On August 11, lawmakers in the Sejm, the lower house of parliament, voted by a majority of 228 to 216 to approve the so-called “lex TVN” bill, with 10 abstentions. The amendment to broadcasting rules is aimed at forcing U.S.-owned Discovery to sell its controlling stake in TVN, whose influential all-news channel TVN24 and flagship evening news program have long held a critical editorial stance toward the ruling Law and Justice (PiS) party.

“The passing of this anti-TVN law by the Sejm is a significant step forward in the ruling party’s multi-year effort to muzzle one of its biggest media critics and the most disturbing attack yet on independent media in Poland”, said IPI Deputy Director Scott Griffen. “This law has always been about one goal: slicing through TVN’s ownership structure, opening the door to government-allied entities to acquire stakes, and ultimately engineering a shift in editorial position to one more favourable to PiS. These calculated efforts to push out foreign capital and ‘repolonize’ the media landscape ahead of legislative elections are right out of the Fidesz playbook in Hungary. This is media capture in action.

“Despite the setback last night, this fight is far from over. We urge the Senate to firmly reject this law in its current form. In this event, lawmakers in the Sejm must then put party politics and personal interests aside and vote for the good of Poland’s democracy. If the Sejm again votes to pass the amendment, the responsibility to veto will ultimately fall on Polish President Andrzej Duda. The stakes are high: if passed, this law would simultaneously shred Poland’s reputation as a welcome climate for foreign investment and deliver another serious blow to media pluralism and media independence.

“In the meantime, we urge the U.S. State Department to double diplomatic efforts to oppose this bill and defend TVN’s independence. Both U.S. interests and values are threatened. The European Commission also cannot stand idly by as a main source of independent news and information for millions of Poles is brought to heel by PiS. Formulaic statements by EU officials are not enough: words must be followed by concrete action to engage with Warsaw. If TVN and TVN24 are muzzled, it would be a devastating blow for media pluralism and a clear signal that no private media in Poland is safe from PiS’s interference.”

Dramatic day in Sejm

The passing of the law followed a dramatic day in the Sejm. After a heated initial debate, MPs voted to refer the draft amendment back to the Parliamentary Committee on Culture and Media to consider new proposed amendments, which would have protected U.S. investment in TVN. The Committee, which is controlled by lawmakers from PiS and its allies, swiftly rejected the amendments proposed by opposition parties.

With the bill returned to the lower house, debate resumed on the floor while PiS politicians ramped up negotiations behind the scenes to secure the required majority. As the atmosphere became more tense, a proposal to postpone the session until September was passed by a slim majority of MPs. Protesters gathered outside parliament began to celebrate and opposition lawmakers welcomed the adjournment as a victory. Jubilation soon turned to dismay, however, as inside the Sejm PiS lawmakers demanded that the vote be repeated.

Following a long break, the speaker, Elzbieta Witek, a PiS member, returned to the chamber and ordered that parliament be reconvened for a second vote on the motion, explaining that she had forgotten to specify the date of the next session. Despite outrage and accusations of foul play from opposition lawmakers, the adjournment vote was held again and the motion was rejected by 229 to 225, after MPs from the Kukiz’15 party switched sides. With scenes inside the chamber became increasingly chaotic, the original vote on lex TVN was held and PiS succeeded in securing the required majority.

The vote also capped a dramatic few days in Polish politics, during which the PiS-led majority government suffered a major setback after Prime Minister Mateusz Morawiecki dismissed the leader of a junior coalition partner, Agreement, from the government over his vocal criticism of the media law. In the wake of the vote, more than 800 journalists in Poland signed a statement in defence of TVN’s independence and protests against the law were held in more than 80 towns and cities across the country.

The amendment would prevent non-European owners from having controlling stakes in Polish media companies. As U.S.-based Discovery owns TVN through a subsidiary registered in the Netherlands, it would fall foul of the new regulations and could be faced with selling 51 percent of its stake in TVN, which is valued at around $1 billion. If it did not, channels such as TVN24 could be stripped of their media licenses. The law comes as TVN24 awaits a decision on the renewal of its current 10-year media license, which expires in September.

Ahead of the vote, IPI, the partner organizations of the Media Freedom Rapid Response (MFRR) and other leading press freedom groups wrote to members of the Sejm urging them to oppose the draft law.

First published on IPI's website

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Poland: open letter to the Sejm in ‘lex TVN’…

Poland: open letter to the Sejm in ‘lex TVN’ matter

To: All Members of the Sejm of the Republic of Poland

Dear honourable members of the Sejm:

The undersigned international press freedom and journalism organisations, members of the Media Freedom Rapid Response (MFRR), are writing to ask you to urgently oppose the draft law that would restrict media ownership in Poland by investors based in countries outside the European Economic Area (EEA).

As you know, this bill has been termed the ‘lex TVN’ because it would directly affect TVN, Poland’s largest private television broadcaster, which is owned by the U.S. company Discovery through a subsidiary. We are extremely concerned that this bill is a targeted effort to force Discovery to sell TVN and thereby achieve a shift in TVN’s editorial line.

The stakes here are high. Our organizations have previously expressed serious concern over the deteriorating condition of media pluralism in Poland, which has already been deeply compromised at the regional level through the sale of Polska Press to PKN Orlen. Still, at the national level, Poland has thus far managed to retain a degree of media pluralism and independence, both of which are essential conditions for democracy and rule of law.

However, the approval of the ‘lex TVN’ would change that. The effort to bring TVN’s nationwide channels under control is a dramatic attack on media pluralism. If successful, it would accelerate media capture conditions similar to those in Hungary or Russia, where the vast majority of mainstream media is controlled by the state, directly or indirectly, and where cronyism is rife. It would also seriously damage foreign investors’ trust in fair market competition and the rule of law in Poland.

Indeed, this proposed law has already generated international alarm. In particular, top U.S. officials, including the heads of the Foreign Relations Committee of the U.S. Senate, have expressed grave concern over the effort to rein in TVN.

The decision to vote against this bill should not be about whether one agrees or disagrees with TVN’s coverage. It is about the core principles that are the foundation of Polish democracy. It is about the right of Polish citizens to receive information from different and diverse sources. It is about the fundamental right of the media to analyse and scrutinize the actions of those in power. And it is about ensuring fair market conditions in the media sector, in particular to protect Poland’s reputation as a trustworthy country for investment.

Laws restricting foreign ownership of the media are not necessarily problematic, and do exist in other EU member states. This measure, however, does not appear to be a principled effort to protect the Polish information landscape. Rather, it is clearly aimed at one particular media outlet, owned by a company based in the U.S., a long-time Polish ally, and is being rushed through the legislative process.

Your voice is critical in this urgent matter. If Poland is to remain a society where news and policies can be freely debated within the marketplace of ideas, it is essential that the ‘lex TVN’ be stopped. We therefore urge you to oppose this bill in its current form.

Signed by:

Article 19
European Centre for Press and Media Freedom (ECPMF)
Free Press Unlimited (FPU)
International Press Institute (IPI)
Osservatorio Balcani e Caucaso Transeuropa (OBCT)

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Spying scandal further increases worries of Hungarian journalists

IPI Contributor Blanka Zöldi

In mid-July, revelations about the abuse of the Israeli Pegasus spyware sparked scandals across the world. Viktor Orbán’s Hungary made international headlines as the only EU member state where, evidence suggests, the highly intrusive cyberweapon was used against journalists, lawyers, politicians, and businessmen critical of the government.

The manufacturer of the spyware, NSO Group, claims to sell Pegasus exclusively to foreign governments and state agencies to fight terrorism and organized crime. However, according to an international investigation led by Forbidden Stories, a leaked database of 50,000 phone numbers apparently selected for surveillance includes those belonging to almost 200 journalists worldwide, from Azerbaijan to India to Mexico.

The list also includes four journalists from Hungary: Szabolcs Panyi and András Szabó, reporters with investigative centre Direkt36; Brigitta Csikász, who was working with the investigative website Átlátszó at the time of her surveillance; and former hvg.hu journalist Dávid Dercsényi, according to reports by Direkt36, the Hungarian partner of the international investigation.

While being on the list does not necessarily mean that the target was actually attacked with Pegasus, in the case of Csikász, Panyi, and Szabó, forensic analysis of their phones identified clear traces of the Israeli spyware. The journalists cover a wide range of topics connected to abuses of power and suspected corruption by Hungarian politicians and authorities. During the surveillance, Csikász wrote about the misuse of EU funds, while Panyi and Szabó worked on an article about Russian-led International Investment Bank, among others.

Surveillance of journalists: a new level

The space for independent journalism has gradually been shrinking in Hungary since the current governing party, Fidesz, came to power in 2010, with the country falling from 23^rd to 92^nd in the World Press Freedom Index published by Reporters without Borders. In 2019, almost 78 percent of media were pro-government according to an analysis by media monitor Mérték, while accessing information has become increasingly difficult for independent journalists.

Still, the high-tech surveillance of journalists marks a “new level” in Hungary’s media environment, according to Péter Pető, chief editor of one of the most popular independent news websites, 24.hu. Although the website’s owner, Zoltán Varga – whose phone number also appeared on the Pegasus lists – had already suggested earlier that he might be under surveillance, Pető said that their journalists were both shocked and surprised when the news broke.

“Obviously, we have been under no illusion. But now, even our minimal sense of security has been shattered”, Pető said, adding that the scandal will make journalistic work even more difficult by increasing the potential costs of media owners, journalists, and sources alike. “It’s not only that media companies will have to spend more if they want to ensure their workers’ security. The potential surveillance might also discourage sources from sharing confidential information, and young students from becoming journalists.”

Under the assumption of being watched

At the same time, several journalists told IPI that the Pegasus scandal will not bring dramatic changes in their everyday operations, as they have already been working with the awareness that their communication might be intercepted and have taken security measures accordingly to protect their sources.

“Personally, I was not very surprised by the news”, Szabolcs Dull, one of the editors-in-chief of the news site Telex, founded after mass resignations over Dull’s dismissal from his previous workplace, Index. Dull recalled that in an attempt to discredit him, his list of phone calls was leaked to pro-government media last summer, and, as a political reporter, he has also seen high-level sources deeply worried about surveillance. “There was even a senior Fidesz politician who was wary of meeting me in person. He feared that our matching cell tower information would give us away”, Dull explained.

One of the surveilled journalists, Brigitta Csikász, told Direkt36 that she had received one of the first “friendly warnings” in 2010: “I was told that they are eavesdropping on my phone. From that time on, I was aware that it comes with my job that they are watching what I’m doing.”

Regarding security measures, Péter Erdélyi, senior editor of 444.hu, pointed out that in 2017, they made it compulsory for all of their journalists to use two-factor authentication (2FA) as an extra layer of security for e-mails. For certain projects, they moved their meetings outside of the offices to minimize the risk of surveillance. Similarly, at investigative website Átlátszó, encrypted messaging, storing data on encrypted drives, using VPN and 2FA have been common practices, editor-in-chief Tamás Bodoky said, adding that they are aware that these measures cannot provide perfect security either.

Tools like Signal and other encrypted messaging apps still provide reasonable security, as spywares like Pegasus are currently too expensive to be used on a mass scale, as Szabolcs Panyi, one of the journalists whose phone was compromised, pointed out in a radio show last week. “However, such tools are becoming cheaper and cheaper”, he warned.

Permissive legal framework without remedies

Almost three weeks into the scandal, the Orbán government has not provided a substantive reply to questions about the monitoring of journalists. First, it gave an answer to journalists’ detailed questions that was later described by Edward Snowden – the former CIA employee who blew the whistle about the United States’s spy program in 2013 – as “the most incriminating” he had ever seen. A Hungarian government spokesperson said that they were “not aware of any alleged data collection claimed by the request” followed by a counter-question asking journalists whether “there was any intelligence service to help them formulate the questions”.

In the following days, government officials labelled the Pegasus scandal as an unjust attack on the Orbán administration and avoided answering questions about whether surveillance was carried out by Hungarian state actors – and if so, who authorized it, when, and on what grounds. Most recently, Foreign Minister Péter Szijjártó stated that even journalists, regardless of their profession, could be surveilled in secret if they “pose a threat to the security and interests of the Hungarian nation”.

The gathering of secret information, however, is so loosely regulated in Hungary that virtually anyone can be put under surveillance, with the order “taking place entirely within the realm of the executive and without an assessment of strict necessity” and “without effective remedial measures,” as observed by a judgement of the European Court of Human Rights already back in 2016. Five years later, however, the Hungarian government only claimed that the “examination of the requirements stemming from the judgment in terms of legislative amendments, which is currently underway, is expected to take some time”.

In the wake of the Pegasus scandal, opposition parties called for the resignation of the government and organized a protest one week after the story broke, with the participation of 1,000 Hungarians – some of whom expressed disappointment over the low public interest in the event. According to a recent poll, while almost two-thirds of Hungarians have heard about the Pegasus scandal and more than half of the respondents thinks it is a serious issue, 58 percent were sceptical about whether it will have any effects on next year’s parliamentary elections.

Disclaimer: IPI contributor Blanka Zöldi is a journalist with Direkt36, an investigative centre that participated in the Pegasus investigation and whose colleagues are among the journalists targeted with the spyware.

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Disturbing pattern of violence and harassment at COVID-related protests…

Disturbing pattern of violence and harassment at COVID-related protests across Europe

The partners in the Media Freedom Rapid Response (MFRR) are highly concerned by a barrage of attacks and harassment of journalists by protesters at demonstrations across Europe in recent weeks against new government measures taken in light of the Coronavirus-pandemic. They fit a disturbing pattern observed throughout the region of increasing violence, harassment and intimidation of journalists and media workers at COVID-related protests, rooted in growing anti-media sentiment that fuels anger and distrust:

In Germany, Jörg Reichel, the regional manager of the German journalists’ union dju in ver.di, was brutally attacked on the margins of an unauthorised “Querdenken” demonstration in Berlin on 1 August. He had documented physical assaults against media workers at the protest and journalists being insulted, threatened, and spat upon. Reichel’s regular monitoring of the increasing hostility at demonstrations had already made him the target of threats and defamation by “Querdenken” followers, and his name and photo had been circulated in their Telegram channels.

In France, on 31 July, two AFP journalists were insulted, booed and spat on by groups of demonstrators during one of the protests against the health pass in Paris. As a result, the agency decided to suspend its coverage of the demonstration. At a rally in Belfort, protesters attempted to break into the offices of regional newspaper L’Est Républicain and the premises of Radio France Bleu Belfort Montbéliard, where they also insulted and intimidated a journalist and technician and threw eggs at the building’s façade, referring to the media spreading “government lies”. The same day, the windows of regional newspaper Dauphiné Libéré in Annecy were tagged with words and slogans insulting the work of the editorial staff, including references to World War II-era collaboration. Journalists were also targeted at earlier protests against the COVID-pass. On 24 July, two journalists working for France Télévisions were insulted, pushed and chased by several individuals protesting in Marseille. On 22 July, two journalists working for commercial channel BFM TV were verbally abused while covering a demonstration in front of the Senate in Paris. Reporter Igor Sahiri described the incident as a “torrent of hatred” and said the altercation would have turned violent had they not been accompanied by two security guards. They were forced to leave the rally. And on 17 July, a photographer for Radio Bip/Média 25 was assaulted at a protest against the COVID pass in Besançon. When he recognised one of the protesters, the latter punched him in the face, adding that “we’ll get you in the end” and “it’ll be like this every week, we’ll kill you, leftist.”

In Italy, numerous journalists and reporters covering demonstrations against the COVID-19 “green pass” were attacked, insulted and threatened by protesters. On 24 July, Saverio Tommasi of Fanpage.it was attacked at a protest in Firenze. Tommasi was kicked in the leg, had water thrown at his back and was insulted and threatened by protestors, who also attempted to steal his equipment. He described the attacks as “repeated, continued and violent”, adding that “they wanted to stop me from working”. On the same day, the National Federation of the Italian Press (FNSI) reported verbal and physical attacks on journalists working for public broadcaster RAI and dailies Il Secolo XIX, La Repubblica and Genova 24 in at least six cities: Milan, Genova, Firenze, Rome, Bologna and Turin. While the exact number of incidents was not recorded, numerous journalists’ associations across the country condemned hostility, both on the streets and online, against reporters in their region, including in Emilia Romagna, Liguria and Lombardia.

In Spain, a reporter for Antena 3 TV was threatened and insulted while she was covering a demonstration in Madrid against mask-wearing and vaccinating minors on 24 July. Journalists and media workers of Telemadrid and LaSexta were booed and called “murderers”.

In Slovakia, protesters against vaccine rules attacked, jostled and insulted a reporter and camera operator working for privately-owned TV Markiza, obstructing and damaging their camera.
In Cyprus, on 18 July, a large crowd of demonstrators against new COVID-19 measures, including introducing a SafePass and mandatory vaccination, attacked TV station Sigma TV, attacking dozens of staff, vandalising the headquarters and setting cars outside on fire.

The COVID-19 pandemic and the measures taken in response to it have underscored the need for a free, pluralistic media that can convey critical information to the public and independently report on far-reaching government intervention in many aspects of public and private life. It is worrying to see that journalists and media workers are more and more perceived as enemies of the people during protests, when journalism’s mission is precisely to give them a voice.

In light of the many serious incidents outlined above, we call on governments across the European Union to improve the protection of journalists at protests, including full-throated condemnation by politicians and public figures of violence and harassment of journalists and media workers and capacity-building of law enforcement personnel in coordination with representatives of the journalistic profession. Furthermore, there is an evident need to improve media literacy to generate a better understanding of the press’ essential role in a democratic society. In addition to action by member states, we call for a strong recommendation on the safety of journalists by the European Commission that includes concrete measures to improve the implementation of existing law and standards in this regard, in particular Council of Europe Recommendation 2016(4).

Signed by:

Article 19
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
Osservatorio Balcani e Caucaso Transeuropa (OBCT)

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Poland: Stronger U.S. and EU action required over ‘lex…

Poland: Stronger U.S. and EU action required over ‘lex TVN’

The Media Freedom Rapid Response (MFRR) today calls for swift and robust action by the European Union and U.S. to defend media freedom in Poland and counter the serious attack on the independence of the country’s largest private television channel, TVN, by the ruling Law and Justice (PiS) party.

Our organisations believe that the so-called “lex TVN” and the ongoing deadlock over the renewal of the license for its 24-hour news channel TVN24 are part of an increasingly systematic effort by PiS to erode critical journalism by engineering ownership changes of critical independent media ahead of upcoming parliamentary elections.

On 7 July, PiS MPs submitted a draft bill to parliament which would bar companies which are majority-owned by entities from outside the European Economic Area (EEA) from owning more than a 49% stake in Polish broadcasters. It is clear this bill is aimed directly at the ownership structure of U.S.-owned TVN and TVN24, which broadcast the country’s most-watched news program, Fakty, and have long held a critical editorial stance towards PiS.

As U.S.-based Discovery owns 100% of TVN through a subsidiary registered in the Netherlands, it would be forced to sell 51% of its $1 billion stake to comply with the new regulations. This would open the door for state-linked investors to purchase the shares, muzzling the country’s most influential critical broadcaster and increasing the government’s level of control over the media market. A similar pattern has already been seen in the purchase of regional publisher Polska Press by Poland’s state-controlled oil company.

We are increasingly concerned that, despite warnings by officials at the U.S. State Department and top EU officials, PiS’s leadership appears determined to push ahead with its plans. On 27 July, the draft bill was adopted by the parliamentary committee for culture and media, paving the way for a vote in the Sejm in mid-August. Given the speed with which PiS are driving the bill through parliament, diplomatic efforts must be immediately intensified to send a clear signal to the ruling party that the EU and U.S. are serious about defending independent journalism in Poland with all available tools.

Top officials in Washington must stress unequivocally that the passing of this bill is an attack on independent media, as well as on American investments in Poland, and would significantly damage U.S.-Polish relations and cooperation in a range of fields.

At the same time, Poland’s broadcast media regulator, the National Broadcasting Council (KRRiT), remains in deadlock over the renewal of TVN24’s 10-year media license, which expires on September 26. Despite applying for the permit 18 months ago, KRRiT’s five-member panel remains divided on the case, increasing uncertainty for TVN and leading to accusations the decision is being deliberately delayed. Recently, the head of the broadcast regulator, a former PiS member, alleged that TVN24 was in violation of foreign ownership rules, ramping up the pressure further.

Given PiS’s long hostility towards TVN and the fact that the broadcaster has had no issues in renewing licenses of several of its other Polish channels, any decision by the government-dominated KRRiT to reject TVN24’s license renewal at the current time should be considered deeply discriminatory and politically motivated. In this event, the European Commission should immediately consider launching infringement proceedings against Poland over the violation of EU law on the fair and non-discriminatory allocation of broadcast licenses.

Moving forward, our organisations urge Polish MPs – especially those in PiS’s coalition parties in the United Right – to vote to reject this bill during the next hearing. Moreover, while the open letter by Polish journalists in defence of TVN is an important initiative, it is crucial that journalists from across Poland’s media spectrum sign and speak in a unified voice. A political attack on one media outlet should be opposed as an attack on all. Ultimately, if TVN can fall to PiS meddling then no media outlet is safe. Time is running out.

Signed by:

ARTICLE 19
Committee to Protect Journalists
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)

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North Macedonia: Justice Minister introduces amendments to increase protection…

North Macedonia: Justice Minister introduces amendments to increase protection of journalists

Penalties for attacks on journalists will be toughened in North Macedonia, Justice Ministry Bojan Maricic announced on 27 July 2021. The amendments to the Criminal Code are expected to be passed in the early autumn. The European Federation of Journalists (EFJ) joined its affiliates in North Macedonia, the Independent Trade Union of Journalists and Media Workers (SSNM) and the Association of Journalists of Macedonia (AJM), in welcoming an important step forward for press freedom in the country.

The amendments have come at the request of the journalists’ association and union and will help reduce cases of attacks and threats against media workers, said the Minister of Justice during a press conference.

Changes include new penalties for assaulting a journalist or a media worker, from three months to three years in jail. Authorities will treat cases involving journalists in the same way as they treat assaults on police officers. Therefore, the public prosecutor will deal with these cases ex officio.

In addition, fines for defamation will be significantly reduced from 2,000 euros to a maximum of 400 euros for journalists, from 10,000 euros to 2,000 euros for editors and from 15,000 euros to 5,000 euros for media outlets.

The amendments also provide for the introduction of the term “stalking” as a criminal offence that will cover online harassment. People stalking, persecuting or trying to pursue unwanted contact with a person through the use of media will face fines and a maximum sentence of three years in jail.

“We have been advocating for this law for 4 years and this is indeed good news. We hope that the law will be passed in September as announced, and that it will reduced impunity for attacks on media representatives. The higher penalties envisaged for attacks on journalists and media workers are welcomed, but what is also important for us is that attacks will be treated ex-officio by the competent institutions, as until now many cases did not go beyond reporting to the police. We must end impunity so that journalists and media workers can be safe to do their work properly”, said Pavle Belovski, president of Independent Trade Union of Journalists and Media Workers.

EFJ General Secretary Ricardo Gutiérrez said: “This announcement is very good news for journalists and media workers in North Macedonia. We welcome the strong commitment of the government of North Macedonia and call on the members of parliament to adopt this law. We also encourage neighbouring countries to follow this example and show good will to improve the working conditions of journalists and media freedom.”

First published on EFJ's website

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EU Rule of Law report: Little bark, no bite

On 20 July, the European Commission published the 2021 Rule of Law Report. The document, which is the outcome of months of painstaking work, can be a valuable tool that empowers civil society, the EU institutions and Member State governments who care about the rule of law in the Union. The Report, comprised of a Communication that covers EU-wide developments and country chapters for each Member State, is designed “as a yearly cycle to promote the rule of law and to prevent problems from emerging or deepening and to address them … It seeks to strengthen the rule of law in full respect for national traditions and specificities, stimulating a constructive debate and encouraging all Member States to examine how challenges can be addressed and to learn from each other’s experiences.”

In its current form, the Report represents a significant descriptive documentation effort. However, for it to live up to the high expectations and truly become a critical tool that can contribute to the promotion and safeguarding of EU values, we believe several fundamental changes are needed in future iterations of the report.

Firstly, we believe that more transparency from the Commission on the methodology and selection process of stakeholders invited to consultation meetings, as well as closer consultation and collaboration with civil society to design a more straightforward and more easily accessible process, would greatly benefit its credibility. We appreciate that the Commission has “further deepened our assessment, which benefited from even more outreach than last year,” as Commissioner Reynders said at the press conference presenting the Report. However, given the current lack of openness concerning the methodology, it is difficult to assess how inclusive the process really is and to what extent shortcomings in this regard are systematically addressed.

Secondly, looking at the Communication and country reports as a whole, it appears that the process of “looking at all Member States equally” has resulted in depoliticised analyses in anodyne language that present the situation in all Member States as roughly equal, allowing for measured praise and criticism of each. Subsequently, we believe that the Report as a whole does not reflect the reality of the depth of the rule of law crisis in Poland and Hungary or how starkly the intentional violation of core EU values in these Member States contrasts with the situation in the rest of the Union. It also undermines the Report’s ability to prevent problems from emerging, as is currently the case in certain other Member States including Slovenia, or to stimulate debate and mutual learning.

Lastly, to strengthen the process’ capacity to bring about substantial change, we continue to call for country-specific recommendations. These should be framed in the context of Member States’ obligations under EU law and international human rights law and standards, which would allow for tracking and evaluating progress and regression against an agreed, binding framework.

Signed by:

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

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Turkey: Concern over proposals to introduce new regulation of…

Turkey: Concern over proposals to introduce new regulation of “fake” and “foreign-funded” news

The Media Freedom Rapid Response (MFRR) and undersigned partner organisations are concerned about and condemn recent statements by Turkish President Erdoğan and other government officials pertaining to the introduction of new regulation of so-called fake news and “foreign-funded” news in the country. Officials’ targeting several critical and independent media outlets for securing funds abroad is a clear move to stifle further the free media in Turkey by controlling content. We call on the Turkish legislators to ensure that any new measures are fully in line with Turkey’s obligations under domestic and international law that protect free speech and media pluralism.

On 21 July, President Erdoğan in an interview was asked whether there is a law that envisages serious criminal sanctions for disseminating fake news through traditional and social media. In response, he announced that a study will be carried out in Parliament in October, after the summer recess, that will address the issue, building on the social media law that was passed last year. Erdoğan characterised fake news as a threat to Turkish democracy on par with terrorism, in which opposition parties are implicated. The same day, the Presidential Communications Directorate announced that Parliament will take new legal steps against foreign funding of local media outlets “to ensure the people’s access to accurate news”.

These statements were followed by a social media campaign targeting specific independent outlets such as Medyascope for receiving funds from the US-based Chrest Foundation. Medyascope received the 2016 IPI Free Media Pioneer Award for its progressive and critical news coverage in Turkey.

Taken together, these statements create the impression that the Turkish government is preparing to introduce new legal measures that will further undermine media freedom and pluralism in the country.

In relation to so-called fake news, we are concerned that enacting any kind of legal duty of “truth” will in practice amount to the creation of a new tool for government censorship: empowering public officials to decide what is true and what is not entails accepting that the authorities have a right to silence voices with whom they disagree. This prospect is especially worrisome in light of Turkey’s poor track record in respecting freedom of speech and legitimate criticism of the authorities. Accordingly, as we recognise that the spread of disinformation and propaganda is indeed of concern, we urge that any measures to counter it must be based on international freedom of expression law and standards, such as those set out in the 2017 Joint Declaration on Freedom of Expression and “Fake News”, Disinformation and Propaganda.

Furthermore, we note that funding media via (foreign) project funding has become an important source of income for many independent outlets in Turkey, as government pressure has intensified, including through the lack of local funds for media outlets critical of the government and uneven distribution of public advertising, as well as the imposition of fines and advertisement bans by media regulator Radio & TV Higher Council (RTÜK) and public advertising agency BIK. We are concerned that measures to restrict foreign funding, or to paint its recipients as foreign propagandists, are a clear move to demonise the free media and will further increase the pressure on the few remaining independent outlets. Currently, more than 90% of domestic media are directly or indirectly controlled by the government or the ruling AKP.

Signed by:

ARTICLE 19
Articolo21
Association of European Journalists (AEJ)
Association of Journalists, Ankara
Broadcast and Printing Press Workers Union of Turkey / DİSK Basın-İş
Committee to Protect Journalists (CPJ)
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
Free Press Unlimited (FPU)
IFEX
IFoX Initiative for Freedom of Expression – Turkey
IPS Communication Foundation
International Press Institute (IPI)
Journalists’ Union of Turkey (TGS)
Media and Law Studies Association (MLSA)
Media Research Association (MEDAR)
OBC Transeuropa (OBCT)
PEN International
PEN Netherlands
PEN Vlaanderen
South East Europe Media Organisation (SEEMO)
Swedish PEN

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Hungary: MFRR highly alarmed by Pegasus surveillance revelations

The Media Freedom Rapid Response (MFRR) is highly alarmed by the revelations by a consortium led by French NGO Forbidden Stories about the surveillance of journalists, human rights defenders, lawyers and others through the Pegasus spyware program developed by Israeli company NSO Group. The leak, which revealed the involvement of the Hungarian government among others, raises significant implications for journalists’ security and the protection of their sources as well as raising concerns through the chilling effect such applications have on journalists beyond those immediately affected and ultimately, on everyone’s right to information.

We call on the Hungarian government and other implicated governments to immediately stop using the spyware and to provide transparency about its application so far. We also call on the NSO Group to take its corporate social responsibility more seriously and stop selling Pegasus to regimes with poor human rights and media freedom records, provide more transparency that will enable proper oversight and establish more stringent due diligence processes.

Forbidden Stories obtained leaked records of phone data, suggesting that various governments worldwide selected media workers, lawyers and activists as possible targets for invasive surveillance with the Pegasus spyware. The spyware has the potential to transform the targets’ phones into surveillance devices, allowing access to all data on the phone and enabling control over audio and video to make recordings surreptitiously. Inclusion of a phone number on the leaked list does not necessarily entail that the linked device was successfully hacked, but forensic analysis on dozens of phones so far effectively shows evidence of Pegasus activity in more than half of the cases. NSO Group has repeatedly said that its spyware, which they sold to some of the world’s most repressive regimes, is meant for use only against terrorists and serious criminals. Unsurprisingly, despite claims by NSO Group that they will cut off clients if they misuse the spyware, it appears that Pegasus has been used well beyond this stated intended target group by those clients, to potentially include anyone perceived as an opponent or threat to the regime.

In the European Union, forensic analysis of several devices has shown that the Hungarian government has deployed the spyware program against investigative journalists and the circle of one of the country’s last remaining independent media owners. At least five journalists figure in the leaked records and at least ten lawyers and an opposition politician. They include Szabolcs Panyi, a well-known reporter at investigative outlet Direkt36, who has been publicly attacked in the past by Prime Minister Viktor Orbán’s spokesperson Zoltán Kovács, who has accused him of “Orbánophobia”. Also analysis of his colleague András Szabó’s phone showed positive results for the use of Pegasus. Other Hungarian media workers selected for potential targeting include Dávid Dercényi, who edits a newspaper put out by the authority of an opposition-run district in Budapest; a photographer who worked as a fixer for visiting foreign journalists; and, a well-known investigative journalist. Furthermore, it appears also the circle of investor Zoltán Varga, who owns several independent media outlets and has been pressured in the past, was surveilled using the Pegasus software.

In a response quoted in The Guardian, the Hungarian government said that “state bodies authorised to use covert instruments are regularly monitored by governmental and non-governmental institutions.” The country has a very permissive legal framework for surveillance. In 2020, the justice minister approved 1,285 surveillance requests (not necessarily using Pegasus spyware).

The most recent revelations about Pegasus serve to highlight two things. On the one hand, they underscore the urgent need for meaningful reforms that will ensure powerful commercial technology is not abused by governments at the expense of civil liberties. They also show the essential role watchdog journalism plays in safeguarding the human rights that underpin democracy, by exposing violations and holding the perpetrators to account.

Signed by:

Article 19
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
Osservatorio Balcani e Caucaso Transeuropa (OBCT)

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Cyprus: TV station attacked by crowd protesting Covid measures…

Cyprus: TV station attacked by crowd protesting Covid measures and vaccination

A large crowd of demonstrators against new Covid-19 measures and mandatory vaccination attacked the Cypriot TV station Sigma TV on 18 July. The mob vandalised the station’s headquarters in Nicosia, throwing crackers, breaking windows and damaging cars outside the building. The European Federation of Journalists (EFJ) joined its affiliate, the Union of Cyprus Journalists, in condemning this brutal attack and calling on the authorities to conduct thorough investigations.

On Sunday evening, demonstrations against mandatory vaccination took place outside the Presidential Palace in the capital of Cyprus, Nicosia. Groups of protestors clashed with police and at around 9:30 PM local time, parts of the demonstration broke into the DIAS media group building that houses Sigma TV. The mob attacked staff, set cars in the parking lot on fire and brutally trashed the offices. Photos on the SigmaLive website show the extent of the damage.

The police confirmed that around 2,500 protesters took to the network. According to Sigma, “hooded thugs” attacked dozens of their colleagues working at the time. The police had entered the building to protect the workers.

Due to the rise in Covid-19 infections and the low rate of vaccination among young people in Cyprus, new measures were adopted, including mandatory vaccination and a so-called “SafePass” policy. In place since the 9th of July, the SafePass regulation obliges citizens aged 12 or older to possess and present either a vaccination certificate, proof of a Covid-19 contraction in the last six months or a negative PCR or rapid test with a 72-hour validity period. This SafePass is needed for entering the workplace, supermarkets, restaurants and other businesses.

The president of the Union of Cyprus Journalists, George Frangos, condemned the “abominable, insubordinate and dangerous” attacks which pose a threat to democracy, freedom of expression and freedom of the press.

“We call on the Prosecution Authorities of the state to act immediately and effectively so that those responsible for these illegal and anti-democratic acts are brought to justice and punished by example,” stated the Executive Committee of the Union of Cyprus Journalists.

According to media reports, five people are to appear before the court in connection to the attacks on Monday and the police are looking for ten more people while identifying more suspects from CCTV footage.

Ricardo Gutiérrez, EFJ General Secretary, reacted: “We welcome the ongoing investigations into these intolerable attacks, which we strongly condemn. This level of violence and disregard for media professionals is unprecedented in Cyprus and is further evidence of the need for greater protection for journalists.”

First published on EFJ's website