How Slovak politicians did not learn from the murder…

How Slovak politicians did not learn from the murder of a journalist

Recent legal reforms show promise, yet discrediting attacks on journalists continue

By IPI contributor Beata Balogová, editor-in-chief of SME

Igor Matovič, the current finance minister of Slovakia and former prime minister, sailed to power on the wave of public anger and disappointment that in 2018 followed the murder of journalist Ján Kuciak and his fiancée Martina Kušnírová.

“Permanent attacks on journalists, defamations, suggesting that journalists are anti-Slovak prostitutes and enemies of the nation” – Matovič listed the sins of former prime minister Robert Fico against the press in an official press release on the day the public learned about the murders. He blamed Fico for “creating an atmosphere” that resulted in the killing of a journalist.

Robert Fico made journalists who uncovered corruption scandals of his governments targets through his permanent attacks. In less than a month after the murders, he had to resign on the heel of massive anti-corruption protests.

In the following parliamentary elections in 2019, Matovič, who throughout his political career used findings of top investigative journalists to build an image of himself of an anti-corruption activist, defeated Fico and became the next prime minister.

But how did it happen that almost five years later Matovič is not far behind Fico when it comes to verbal attacks against journalists? Most recently Matovič likened critical journalists to propagandists of Adolf Hitler and suggested that journalists can be bought for 500 euros to write favorable stories about their client. On a live radio show he also said he would gradually take down the corrupt journalists.

Promises and reality

The bouquet of political promises over the grave of Jan and Martina included stronger protection for journalists. This should have partially materialized in a constitutional law granting a special status for journalists along with an equal approach of state institutions to private and state-owned or public media. This law would also curb the possibility of state intervention (such as nationalization) against private media, for example.

The draft of this law is still parked at the ministry of culture, and it is unlikely that this government will find enough political will to pass such legislation.

The parliament, however, in June 2022 did adopt a long-due package of media laws to replace the legislation that had been ignoring the existence of digital media. The beginnings were promising, with the process appearing to reflect what one would find in a press-freedom-conscious country. The ministry of culture consulted on the draft with publishers of key media and experts so that it creates equal ground for different types of media (print, digital, broadcast).

The ambition is to bring more transparency to media ownership by creating a register for media. The state can remove any media from the register if it is financed by someone from the UN sanction list. Media companies must report their sponsors and all financial donations over 1,200 euros annually to the state. The legislation also introduces regulation for video-sharing platforms.

However, in parliament the law became a victim of political bargaining. In a last-minute move, part of the ruling coalition conditioned the adoption of the law packages on the insertion of a “right of reply” for public officials who feel that a media report affects their privacy, honour or dignity into the legislation. This applies also to opinions if these rise from false information.

It was either with a right to statement or no legislation passed at all. Journalists felt that the right of statement was an act of revenge from the ruling coalition in response to journalists’ critical approach to the government and the way they fulfilled their watchdog role during the pandemic.

Inspiration from Orbán

In September 2022, the Ordinary People, the party of Matovič, unexpectedly and without any previous discussion submitted to the parliament a proposal to impose a levy on the largest private broadcasters. The public broadcaster would not pay such a levy under this proposed legislation. If adopted, the levy would be a discriminatory measure that directly threatens independent media and allows the state to make interventions into their operation, media lawyers and press freedom advocates have warned.

Many see behind the move an inspiration from Hungarian Prime Minister Viktor Orbán, who has been trying to suffocate the last television station that still broadcasts critical news, RTL Klub. Earlier this year Orbán announced the reintroduction of a tailor-made tax for broadcasters, like the one he had to kill four years ago after massive criticism from European institutions. Since the announcement, the government provided no further details, thus the broadcaster did not know what to expect. However, on October 19 the Orbán government said it will not collect the advertisement tax next year.

Matovič did not discuss this law with experts or the independent broadcasters.

Ján and Martina

It was clear from the day of the murder that some politicians would abuse the memory of Ján Kuciak and Martina Kušnírová, using them for their own benefit. Matovič would often refer to Jan Kuciak when lashing out at independent media for criticizing his political performance.

When marking the anniversary of the murder in 2022, in a rather ambiguous statement, he said he wished that journalists become like Ján Kuciak. He publicly lashed out at Kuciak’s editor at Aktuality, Peter Bárdy, and said that he does not come anywhere close to Kuciak and only pretends to be his mentor. He called Bardy a shame.

Matovič had a chance to change the approach of politicians towards the media in Slovakia – not only in the sense of improving the legal environment but also cleaning the atmosphere of hate and verbal attacks. Instead, he sees himself as a victim of the media and compared his situation to those of Holocaust victims. The fact that he is now finance minister, and therefore wields signficiant influence in government, represents a challenge to the independent media as well: having to ponder when to react and when to ignore his attacks against the press.

Orbán succeeded in building elected autocracy in Hungary because he completely captured the press and significantly complicated the functioning of the independent media. Therefore, people in Slovakia should be disturbed by similar tendencies, including politicians describing the press as an organized criminal group or enemies of the nation.

This article is part of IPI’s reporting series “Media freedom in Europe in the shadow of Covid”, which comprises news and analysis from IPI’s network of correspondents throughout the EU. Articles do not necessarily reflect the views of IPI. This reporting series is supported by funding from the Friedrich Naumann Foundation for Freedom and by the European Commisson (DG Connect) as part of the Media Freedom Rapid Response coalition.

Malta: No substantial reform five years after Daphne Caruana…

Malta: No substantial reform five years after Daphne Caruana Galizia’s assassination

Systematic change remains elusive despite recent prosecution of hitmen brothers

By IPI contributor Elizabeth De Gaetano for The Shift News

Two days before the fifth anniversary of the assassination of Maltese journalist Daphne Caruana Galizia, two brothers were each sentenced to 40 years in prison for their role in the journalist’s assassination.

Despite this significant turn of events, the fight for full justice for Daphne Caruana Galizia remains characterised by lengthy court delays, police inaction and a general lack of political will by the Maltese authorities to pass reforms that would help ensure journalists in Malta, an EU member state, can do their work safely.

It has been five years since Caruana Galizia was killed in a car bomb a few metres outside her home in Bidnija. Nevertheless, even as thousands gathered in Valletta this past October 16 to commemorate the journalist, the fight for justice, led by her family and a coalition of Maltese and international civil society groups and independent journalists, remains as gruelling as the day it began.

Three criminal convictions

Until recently, there had only been one criminal conviction in the murder case, that of Vincent Muscat, who was sentenced to 15 years for planting and detonating the bomb. Muscat negotiated a plea bargain that saw him become a state witness.

The two other men charged with executing the assassination, brothers George and Alfred Degiorgio, were still in pre-trial detention five years after their arrest in a dramatic raid at the port of Valletta in December 2017.

However, on October 14, at the start of the trial by jury that was being monitored by several international press freedom organisations, including the International Press Institute (IPI), the brothers changed their plea from “not guilty” to “guilty” mid-way through the first hearing. Malta’s Criminal Court sentenced each brother to 40 years in prison plus fines and the return of criminal proceeds related to the crime.

The brothers changed their plea mid-way through the court proceedings after having witnessed the assistant attorney general detail to the jurors how the police had traced burner phones that had been used in the murder to phones belonging to the Degiorgio brothers. Journalists and observers who had gone to court that day expecting to cover the trial over several weeks were presented with a dramatic turn of events that included unexplained delays and outbursts by the accused.

After the sentencing, Alfred Degiorgio was overheard telling a prison guard that he wanted to approach Caruana Galizia’s family, saying, “I want to give them the full truth from beginning to end if you want to know it”, but as the brothers tried to approach the family, they were stopped when the family refused to speak to them.

However, barely two weeks after the brothers’ sentencing, lawyers for the brothers then filed an appeal asking for their trial by jury to be held again, as well as for a reduction in their sentence.

Until the trial by jury, much of the delay in court proceedings was caused by the Degiorgio brothers filing over 100 preliminary pleas and several bids for an official pardon for their crimes in exchange for information, including about several Maltese politicians.

However, the conviction of the three assassins is only the beginning. Many local and international organisations, as well as Caruana Galizia’s family, have underscored that impunity for her assassination will only truly end when all those responsible for the journalist’s death, including other potential intermediaries and mastermind(s), are identified, and prosecuted to the full extent of the law.

On August 18, 2021, Yorgen Fenech, a Maltese casino boss with close ties to senior government officials, was indicted on charges of complicity in committing murder. The indictment claims that Fenech ordered and paid for the killing. He is currently in pre-trial detention.

The state is responsible – conclusions of a landmark public inquiry

Aside from the criminal proceedings, an independent public inquiry into the circumstances surrounding Caruana Galizia’s killing concluded in July 2021 that the State “should bear the responsibility for the assassination”.

The government of Malta had initially resisted the idea of a public inquiry by claiming that there was no need for one since criminal proceedings were already underway.

It took a two-year campaign by civil society, NGOs, European institutions, and Caruana Galizia’s family for the Maltese authorities to finally announce, in December 2019, the panel of three judges that would lead the inquiry and examine the background that led to her assassination.

The three judges gathered evidence over a period of 18 months. They heard witness statements from investigators, politicians, persons from public administration and State entities, journalists, and Caruana Galizia’s extended family.

The report was published in July 2021 and found that the State “should bear the responsibility for the assassination” and added that her isolation and dehumanisation, coupled with the inaction of law enforcement and other authorities, helped create an atmosphere of impunity.

In other words, those who wanted to harm Caruana Galizia felt they could do so with the assurance that they would be protected.

A lack of transparency and ambition

The public inquiry report also made a series of wide-ranging recommendations for reform within the government and the police to improve the safety of journalists in Malta. Nevertheless, these recommendations have run into a lack of political will.

During an extraordinary parliamentary session to discuss the public inquiry’s conclusions, Prime Minister Robert Abela never committed to a plan or a timeline to implement the inquiry’s recommendations. Nor did he take up the technical assistance offered by several press freedom organisations to help the government with the implementation process.

A detailed analysis by The Shift news portal found that Malta’s government has only fully implemented one of the 28 key recommendations.

In the meantime, the government also shot down legislative proposals presented in parliament by the opposition, which were based on the public inquiry’s recommendations. It hastily set up a committee of media experts, which was given three months to submit their comments and suggestions on draft legislation prepared by the government.

But the limitations of the Maltese government’s legislative proposals had already been identified as far back as January, and the committee of media experts was never consulted during the drafting of the bills.

Even more problematic was that the government demanded that the committee keep their discussions confidential, excluding many media and journalism stakeholders.

In the end, the most significant recommendations by the committee were ignored. Draft legislation was tabled in parliament in early October, even though some of the proposed legal amendments relating to the safety of journalists and Strategic Lawsuits Against Public Participation (SLAPPs) failed to meet international standards.

More than a hundred Maltese journalists, academics, and artists wrote to Prime Minister Robert Abela, urging him to hold a public consultation exercise on the proposed legislation.

The prime minister defended the proposed legislation and insisted that the committee could have consulted with whomever it wished – despite correspondence published showing this was not the case. He added that the parliamentary debate would be another opportunity for the legislation to be amended if there is the need to do so.

Only after two Institute of Maltese journalists (IĠM) members threatened to withdraw from the committee of experts did the prime minister finally halt the parliamentary process and promise to open the legislation to public scrutiny.

Increasingly restrictive access to information

While all of this is taking place, and although Malta’s prime minister has publicly stated that he supports journalism, the overall attitude of most government officials towards independent journalists is still visibly hostile.

Independent journalists, activists, and government critics are still singled out and targeted by government propagandists on both the governing party’s media outlets and social media, while access to information in the public interest is getting harder.

The most representative example of this antagonistic attitude towards journalists is the 40 Freedom of Information (FOI) lawsuits brought against The Shift by several government entities.

In July 2021, Malta’s Data Protection Commissioner ruled in favour of 40 FOI requests filed by independent media outlet The Shift to investigate the government’s spending on advertising. Each government entity lodged an identical appeal against the Data Protection Commissioner’s decisions. In six of those cases, those entities that lost the request are now pursuing a second round of appeals against these decisions.

The scope of these appeals seems intended not to win but to exhaust The Shift’s time and resources while also sending a clear signal to other newsrooms that the Maltese government will challenge their attempts to obtain information under the country’s FOI law.

Even though Malta’s prime minister had stated that lessons needed to be drawn from the public inquiry report, the seeming lack of political will to initiate effective and broad legislative reforms casts doubt on whether Malta’s political class has learnt any lessons from Caruana Galizia’s assassination or whether it simply plans to give the impression that it intends to protect those who work towards continuing her legacy while surreptitiously making things harder.

This article 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.

Italy: Journalists brace for impact as Giorgia Meloni’s new…

Italy: Journalists brace for impact as Giorgia Meloni’s new government begins

Questions over how new administration will handle press freedom challenges

By IPI contributor Christian Elia

“On World Press Freedom Day my thanks go to the many journalists who fight for the truth. We will always be at their side against all forms of censorship and imposition of the single thought.”

With these words Giorgia Meloni, leader of the Fratelli d’Italia party, commented on the anniversary of 3 May earlier this year.

Now, after Meloni was sworn in as prime minister of a hard-right government on October 23, international observers are questioning the position of Meloni and the main supporters of her party on freedom of the press and pondering how the administration will address the many challenges facing the country’s journalists.

The coalition government, in addition to Fratelli d’Italia, includes the Lega, led by Matteo Salvini, and Forza Italia, led by Silvio Berlusconi – figures with a problematic track record on media freedom.

With major European Union initiatives to safeguard media independence and pluralism on the horizon, and major reform initiatives within the country stalled, questions also emerge over how the new administration will handle more systemic changes to the legislative and media landscapes.

European inspirations

Meloni’s first international outing after the elections, with a speech at the VOX party meeting in Spain, caused much concern in the media world.

In front of an audience that had heard messages from former U.S. President Donald Trump, Hungarian Prime Minister Viktor Orban, and Polish Prime Minister Mateusz Morawiecki, Meloni reiterated how Poland and Hungary are models of government for her, glossing over the fact that both governments are currently facing sanctions proceedings under Article 7 of the EU Treaty for breaches of fundamental values.

Meloni has not only defended Hungary and Poland when she was in opposition, but also reiterated this approach as soon as she won the elections. Press freedom in both countries remains under serious pressure. There are major questions about how far she will take inspiration in governing from these ideological allies, and how far she will support them in democratic forums.

In general, looking at Meloni’s rhetoric, it seems clear that she is now trying to present herself as a moderate leader. However, she remains president of the European Conservatives and Reformists (ECR), a pan-European umbrella party that includes the ruling party in Poland as well as increasingly influential far-right parties in countries such as Spain and Sweden.

In the past, Meloni has also spread and supported conspiracy theories on her social media channels, such as ethnic replacement by migrants and disinformation about vaccines. Unlike other far-right leaders in Europe, however, she has not publicly made hostile comments against journalists or the press in general. Under increased scrutiny and critical reporting from the media, this may yet change.

Her government’s approach to EU efforts to strengthen media freedom and pluralism will be another key issue. To date, she has never taken a position on the European Commission’s Media Freedom Act (EMFA) or other press freedom legislation. Only her actions in government will clarify her positions in Italy and Europe on these issues.

Another major issue on the agenda regarding media will be reform of the country’s penal code regarding “defamation through the press”, which can currently be punished with prison sentences from six months to three years. In the past two years, the Constitutional Court has urged lawmakers to initiate a comprehensive reform of defamation provisions and ruled that incarceration in such cases is unconstitutional. Until now, however, parliament has dragged its feet. Observers are concerned the new government appears unlikely to push forward the reform process.

Party problems

Meloni, while always defending her staunchest supporters, has been very careful not to attack freedom of the press directly, taking a cautious stance on the issue of journalists’ work, but not failing to emphasise that in her opinion there is a widespread desire to damage Fratelli d’Italia politically.

What is certain, however, is the attitude of many supporters of her party towards the press. Recent incidents of physical or verbal aggression against journalists can be traced back to extreme right-wing militants, however not directly linked to the Fratelli d’Italia party

The most notorious cases are those of journalist Federico Gervasoni, of the daily newspaper La Stampa, who was threatened with death on social networks for having carried out an investigation into the neo-fascist organisation Avanguardia Nazionale, where some current members of Fratelli d’Italia have operated in the past.

Then there is the case of the journalist Federico Marconi and the photographer Paolo Marchetti, of the weekly magazine L’Espresso, who were physically assaulted for filming during the commemoration by a group of neo-fascists of three right-wing militants murdered in the 1970s. For this attack, exponents of Forza Nuova, an organisation that supported Meloni for a period, were prosecuted by the Italian justice system, but has now distanced itself from her.

The latest episode is the persistent threats against Repubblica journalist Paolo Berizzi, known for his investigations into Italian neo-fascism.

Leading journalist unions and organisations – Ordine dei Giornalisti and the Federazione Nazionale della Stampa Italiana – have called for intervention by the political class in these cases.

Meloni and the party leaders immediately distanced themselves publicly and expressed solidarity with the affected journalists, but never definitively ended relations with the most radical part of her supporters.

Journalists’ safety

In recent years the Italian state has become a model with regard to the protection of journalists threatened by the mafia. Roberto Saviano is the best-known symbol of many journalists who have enjoyed not only physical protection, but also the support of civil society through awareness-raising campaigns.

Another major source of physical attacks and threats over the past 10 years, according to the Italian Order of Journalists, has been politically motivated attacks on the press from groups associated with the far and extreme right.

In order to guarantee the work of journalists and freedom of the press, press freedom groups have stressed that it is necessary for these attacks to not only be punished by the judiciary, but also to be recognised as systematic attacks, so that the Ministry of the Interior and the police, who must protect journalists during these public events and in general, are constantly vigilant.

Whether the new occupants of the Ministry of Interior will continue the important work laid down by previous administrations will be vital for the safety of journalists in Italy moving forward.

Media ownership

With respect to the concentration of media ownership, currently Meloni’s leadership team in Fratelli d’Italia does not represent any particular editorial interests.

However, the former deputy Guido Crosetto, an executive of the company Federazione Aziende Italiane per l’Aerospazio, la Difesa e la Sicurezza (AIAD), linked to Confindustria (the trade representation of Italian industrialists), is the one Meloni will be counting on to obtain the support of industrial groups with interests in the media, which until now have never explicitly supported Meloni in her political rise. Crosetto was appointed Minister of Defence in the Meloni government.

Ever since Silvio Berlusconi entered politics in the 1990s, the problem of media freedom arose because the leader of Forza Italia could count on control of important Italian media. Since then, many things have changed and Berlusconi has reduced his role in media, selling the newspaper Il Giornale and negotiating the sale of the Mediaset TV networks.

Today, in the absence yet of a definitive law on the control of the media by politicians, which even the Democratic Party has never achieved, Guido Crosetto seems to be the mediator between the industrial groups and the media they control.

Until now, Giorgia Meloni, as former leader of the opposition and as party leader, has never expressed any particular indications with respect to a whole series of Italian and international regulations on the subject of freedom of the press. Generally, Meloni has preferred communication linked to social networks over mainstream media.

As the new government takes the reins, many of these questions will become apparent. Until then, journalists are preparing for a bumpy ride.

Slovakia: Government pushes ahead with ambitious media reform program

New laws on source protection and media ownership transparency provide model for neighbouring countries

By IPI contributor Miroslava Kernová, Omediach.com

In recent months Slovakia has passed important legislative changes which will ensure a better media environment and move the country closer to standards outlined by the recently published European Media Freedom Act (EMFA).

Moreover, in addition to the laws already passed, others are in preparation. If the full package is achieved, Slovakia can become a leading example of press freedom for other EU countries, such as Hungary or Poland, where press freedom continues to face major challenges from media capture.

In its program statement (2020-24), the current government promised a complex reform which would reflect modern changes in the media environment. The changes this reform introduces and proposes are revolutionary by Slovak standards.

The problem with previous Slovak media legislation was that it did not reflect the online environment, titled the scales in favour of political forces, and allowed ways for these forces to influence public media.

The motivation for the change is also public pressure for better protection of journalists after the brutal murder of journalist Ján Kuciak and his girlfriend Martina Kušnírová in 2018.

Reforms passed already

In August, the parliament passed a new Act on Media and the Act on Publications, replacing two outdated laws, the Press Act and the Compulsory Copies Act.

These new laws strengthen the protection of journalists, extend source protection to online media, and bring greater transparency to media ownership and funding, which strengthens their credibility against media disseminating disinformation.

Firstly, under the new Act on Media and Act on Publications, the right to protect the confidentiality of sources – which was in the past only guaranteed for broadcast and print media journalists – has been extended to include journalists from online media.

Secondly, media outlets must also declare any investor or donor who invests more than €2,000 per year. This change should make the media environment in Slovakia more transparent. A number of anonymous sources of disinformation, pro-Russian or politically motivated websites operating in Slovakia would have to declare their real “final beneficiaries” in a public register, which will allow anyone to verify whose is behind these outlets. For non-compliance with this obligation, media may receive a warning or a fine of up to €20,000.

Thirdly, the new law also strengthens the protection of minors, improves access to audio-visual content for the disabled by increasing quotas for multimodal access, and specifically promotes broadcasting for national minorities and ethnic groups in public service broadcasting.

It also regulates the conditions for television and radio, regardless of whether they broadcast standardly or online, and introduces several rights and obligations for television and radio. Every viewer will now be able to find out who owns a given medium and there will be a register where all the information will be available. This will be administered by the Ministry of Culture, which is to establish the register within 30 months of the adoption of the law.

In addition, the law redefines general rules for advertising in both public and private media and, in line with European requirements, introduces the notion of community periodicals into the Slovak legislation and allows for the application of self-regulatory mechanisms.

Last minute amendments from politicians

The downside of the new media laws, however, is that MPs in the last steps of finalising the legislation process introduced a “right to expression” for public officials into it, thus securing for themselves more media space than ordinary citizens. The right to expression for public officials was only included in the bill at the end of the second reading in parliament – as amendments by MPs from Sme rodina and OĽaNO.

“Politicians have their channels of communication. The most followed profiles on social networks belong to politicians, they express themselves in press conferences that are broadcast. So there is no reason for a politician to exercise his right to express himself in the exercise of his public office,” media lawyer Tomáš Kamenec told the daily SME.

In the original draft law, the right to expression could only be used to deny, supplement, clarify or explain factual allegations. Parliament eventually approved amendments that extended the right to expression to value judgments based (columns or opinion pieces) on disputed claims.

Alexej Fulmek from the Association of Print and Digital Media (ATDM) and CEO of the Petit Press publishing house considers the adoption of the “right to expression” as a step backwards. “Unfortunately, politicians in Slovakia are mostly under the impression that the media are causing harm to this country and that they are the ones who have to fight them. They don’t understand that the role of the media is to be critical, especially towards politicians. In this atmosphere the idea prevailed that politicians need some ‘stick’ against the media. This probably seemed to them as an adequate solution,” Fulmek told Strategie magazine.

Increasing protection for journalists

Additional planned changes deal with the protection of journalists. Draft amendments to the Criminal Code would remove the long-criticised prison sentence for defamation, which has been a major threat to journalists in Slovakia for years. Under the current law, defamation carries a prison sentence of two to eight years. Under the new legislation, defamation would not carry a prison sentence.

The planned amendment to the criminal code also introduces so-called “special motives” for crimes, which will include a crime committed against someone for exercising of their job, profession or function. This may contribute to better protection of journalists and other professions (doctors, teachers, security forces…) who face many threats and can face attacks in their work. A crime committed with a specific motive will carry higher penalty.

For now, the draft of this law remains parked at the ministry of culture. Questions remain over whether the government will find the political will to pass such legislation.

Further changes planned

The Ministry of Justice has also proposed amendments to extend the scope of the Freedom of Information Act. The amendment expands both the scope of information to be provided and the persons obliged to provide it. For example, the draft also extends the list of companies that are obliged to provide information to state-owned companies and second- and third-tier subsidiaries of state-owned companies, which are not covered by the current law.

The proposal also extends the mandatory disclosure of information to persons seeking public office as well as to public officials themselves. It also introduces an obligation to publish all amendments to contracts subject to mandatory publication.

The Ministry of Culture wants to implement the PersVeilig (Press Safe) platform for greater protection of journalists in Slovakia, following the example of the Netherlands.

In 2019, the PersVeilig platform was launched in the Netherlands to improve the safety of journalists. The platform was also created because although journalists faced threats, they often did not report them because they felt they were not sufficiently dealt with by the police. PersVeilig improves cooperation between journalists, their employers, the police and prosecutors.

The Slovak Ministry of Culture wants to work with the Netherlands to improve the protection of journalists domestically. “We are not talking about whether it should be an organisation, a platform, a technical or procedural solution. What we want is to reach a concrete result that can be implemented and traced,” said Radoslav Kutaš, the ministry’s state secretary, told Denník N.

If all these plans are indeed implemented, Slovakia will meet many of the requirements of the European Media Freedom Act regarding of the protection of media pluralism and independence, and in some respects may even go beyond them, such as the ambition to create a special platform to protect journalists.

Challenges remain

Despite many positive ambitions, the media environment in Slovakia continues to face problems. Journalists, especially those from the opinion-making media, are constantly targets of verbal attacks from politicians, mainly from former Prime Minister Igor Matovic, but also from the opposition.

For example, the deputy chairman of the opposition Smer party, Ľuboš Blaha, regularly dehumanises journalists. Matovič, who leads the biggest party in parliament, also regularly attacks journalists on his Facebook page and recently accused unspecified media of corruption, “spreading lies” and compared the work of Slovak journalists to Nazi propaganda.

In Slovakia, the problematic environment for independent public service media also remains a major issue. The main problem is that both the director and the supervisory boards of Slovak Radio and Television (RTVS) are elected in parliament after political agreements are made. Politicians still have influence over the funding of public service media. Changes need to be made to guarantee that public service media management and funding are more independent and more resistant to political pressures.

Even if the political will is there, the road ahead contains multiple pitfalls. The forthcoming changes may be stalled by the current unstable political situation that brings about the possibility of the fall of the current government and of early national parliamentary elections, which may result in a government of such parties that do not favour the idea of a free media.

However, if the planned changes are passed, Slovakia would take major steps forward in strengthening the legal frameworks for media freedom and provide a positive example to follow for other EU Members States in Central and Eastern Europe in the years to come.

Italy: Concern about prosecutor’s demand for prison sentence for…

Italy: Concern about prosecutor’s demand for prison sentence for three journalists in response to their factual reporting

The undersigned media freedom and journalist associations today express shared concern over an Italian prosecutor’s request for a six-month prison sentence in a case of defamation through the press involving three journalists.

The lawsuit had been filed in response to their reporting on a labour lawsuit associated with a former minister. Prison sentences in cases of defamation through the press have been declared unconstitutional by the Italian Constitutional Court in 2021, except for cases of exceptional gravity. No journalist should face nor fear prison sentences for having published factual information in the public interest.

The lawsuit against the three journalists was initiated in 2014 by Teresa Bellanova, current president of political party Italia Viva who at the time was undersecretary of the Ministry of Labour. The three journalists – Mary Tota from Il Fatto Quotidiano, Danilo Lupo from La7 and Francesca Pizzolante from Il Tempo – were sued for criminal defamation through the press by Bellanova in 2014, for their respective reporting about a labour lawsuit that had been filed against her by a former press officer.

In response to the lawsuit she received, Bellanova initially accused the press officer and the three journalists of complicity in attempted extortion, a charge which was later downgraded to defamation through the press for the journalists. More than eight years later, the defamation trial against the members of the press is not over.

In the latest hearing on 17 October, prosecutor Antonio Zito requested a six months’ prison sentence for each of the three journalists. Their reporting at the time was simply about the filing of the lawsuit and the allegations made, which have since been confirmed by the Lecce Court of Appeal. The next hearing is scheduled for 14 November 2022, when, following the rebuttal of the journalists’ lawyer Roberto Eustachio Sisto, judge Michele Guarini will issue his decision.

The prospect of having to face a prison sentence together with the protracted nature of this lawsuit has inevitably resulted in a chilling effect: this is what has been reported by journalist Danilo Lupo, who admitted that he has been refraining from reporting on any issues related to Bellanova over the past eight years.

The case of the three journalists facing prison sentences draws once more attention to the severe deficiencies in Italy’s defamation laws. According to the Italian criminal code, defamation through the press can be punished with prison sentences from six months to three years. However, in the past two years, the Constitutional Court had made public its position by urging lawmakers to initiate a comprehensive reform of defamation provisions and ruling that incarceration in such cases is unconstitutional and should be envisioned exclusively in criminal defamation cases of “exceptional severity”.

Joining the dissent expressed by Italian journalists organisations, the undersigned media freedom and journalist associations urge the competent authorities to immediately drop their demand for prison sentences for the journalists in the Bellanova case, in line with the pronouncements of the Constitutional Court. We also urge the new parliament to swiftly enact a comprehensive reform of both civil and criminal defamation laws in Italy and emphasise the need to meet European freedom of expression standards. We will continue to monitor the unfolding of the legal proceedings of the Lecce court and call on relevant authorities to react to the case.

Signed by:

OBC Transeuropa (OBCT)
International Press Institute (IPI)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
ARTICLE 19 Europe
The Good Lobby

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

Netherlands: Press freedom groups concerned about video with hostile…

Netherlands: Press freedom groups concerned about video with hostile rhetoric by Dutch politician against reporter

The Media Freedom Rapid Response (MFRR) and its partners express today their concerns about hostile rhetoric used against independent journalists by Dutch political party Forum for Democracy (FvD). Such problematic language creates an intimidating climate for public interest journalism, normalises both online and physical targeting of the press, and can lead to self-censorship amongst the journalistic community. We urge the FvD to put an end to its dangerous smear campaign against independent media.

The Media Freedom Rapid Response (MFRR) and its partners express today their concerns about hostile rhetoric used against an independent journalist by Dutch political party Forum for Democracy (FvD). Such problematic language creates an intimidating climate for public interest journalism, normalises both online and physical targeting of the press, and can lead to self-censorship amongst the journalistic community. We urge the FvD to put an end to its dangerous smear campaign against independent media.

On October 23, a 10-minute video called ¨Sewage rats unmasked¨ was published on social media by FvD. The video features Dutch MP Gideon van Meijeren, who posted the video with the accompanying text: “Activists who conduct sewage journalism can no longer get away with their lies, disinformation and fake news. Time for a counterattack.” The video singles out national television channel SBS6´s political reporter Merel Ek, who had asked Van Meijeren a question about the meaning of the word ´liquidate´ a week before. In the video, Van Meijeren says this to be the first episode of a series in which ¨sewage rats¨ are unmasked. He expresses his hope that the unmasking of ¨sewage journalism¨ has a preventative function; ¨Because as long as those journos keep getting away with their disgusting practices, they will continue to do so unabashedly. A confrontation is therefore unavoidable¨. He portrays the political reporter as a ¨sewage journalist¨ and when walking across various press offices comments on the ¨incredible sewage smell¨.

The video is highly intimidating and is detrimental for the safety of journalists in the Netherlands. This hostile political rhetoric against journalists was one of the concerns that gave rise to the MFRR fact-finding mission to the Netherlands in February 2022. It fits in a broader problematic trend in the Netherlands where public figures denounce the free press. In 2021, Partij voor de Vrijheid’s (PVV) party leader Geert Wilders tweeted that ¨all journalists are scum bags – with some exceptions”. FvD´s party leader Thierry Baudet retweeted this. Such rhetoric, combined with increasing polarisation, fraying trust in mainstream news sources and conspiracy theories about the role of the media, contributes to growing anti-press sentiment stewing on social media networks, leading to threats against journalists both online and on the streets. Moreover, the (online) harassment that typically follows can lead to self-censorship. The attacks on the media and journalists were reflected in RSF’s 2022 World Press Freedom Index which ranked the Netherlands 26th as opposed to the 6th place in 2021.

The recent video led to many statements from public officials and the journalistic community. Prime Minister Mark Rutte described the video as an all-time low: “In a democracy, journalists should be able to do their job without being discredited.” Multiple ministers and leaders of political parties have denounced the intimidating rhetoric used in the FvD video. Thomas Bruning, the Secretary of the Dutch Journalists Union (NVJ), has shared serious concerns about the impact this may have on journalistic freedoms, and has expressed the need for a discussion within the journalistic community about how to deal with these forms of intimidation. The NVJ is exploring whether legal steps can be taken.

We welcome swift denunciation of this rhetoric and the vocal support given to the journalist by democratic political officials and figures and the wider journalistic community in the Netherlands. To improve the safety of media staff in the Netherlands moving forward, the MFRR and its partners deem it imperative to identify concrete next steps to ensure that such hostile comments and inflammatory messages, which have proven to be detrimental to the general safety of media outlets and individual journalists, are the subject of thorough investigation by the Dutch authorities. It is crucial that such an investigation is not only limited to the video content itself, but also looks at criminal offenses that can follow in the aftermath of such a video such as online harassment, personal commentary and doxxing. The Dutch authorities must provide transparency about the outcomes of such an investigation, to contribute to the broader discussion.

We also call for the issue to be high on the agenda during the upcoming plenary parliamentary debate on press freedom and the safety of journalists in the Netherlands. Engagement should not be limited to the political sphere, but rather fuel a public debate about the role of the press in the Dutch democracy. Finally, the Dutch Parliament must be a place where journalists can do their jobs freely, without fear of intimidation. We call on the Chairman and members of the Boards of Appeal to explore measures to ensure that the work environment of journalists within Parliament is one without fear of intimidation. Independent political reporters and journalists have a crucial watchdog role in democratic societies and must be able to do their jobs freely, in particular within Parliament. Our organisations stand ready to provide expertise and will continue to monitor the situation closely.

Signed by:

ARTICLE 19 Europe
European Centre for Press and Media Freedom (ECPMF)
Free Press Unlimited (FPU)
International Press Institute (IPI)
Nederlandse Vereniging van Journalisten
OBC Transeuropa (OBCT)
PersVeilig
Reporters Without Borders (RSF)

Greece: SLAPP award winner Grigoris Dimitriadis urged to drop…

Greece: SLAPP award winner Grigoris Dimitriadis urged to drop defamation lawsuits

The undersigned international media freedom and journalists organisations wrote to Grigoris Dimitriadis to express concern about defamation claims filed against investigative journalists and media outlets following his resignation from the role of general secretary in the office of the Greek Prime Minister in August 2022.

21 October 2022

Dear Grigoris Dimitriadis,

The undersigned international media freedom and journalists organisations are writing to you to express our shared concern about defamation claims filed against investigative journalists and media outlets following your resignation from the role of general secretary in the office of the Greek Prime Minister in August 2022.

Our organisations have closely assessed these five legal claims and believe they classify as Strategic Lawsuits Against Public Participation (SLAPPs): abusive litigation filed by powerful individuals aimed at silencing and intimidating legitimate watchdog journalism.

The defamation lawsuit you filed against newspaper Efimerida ton Syntakton (EFSYN), investigative online portal Reporters United and their reporters Nikola Leontopoulos and Thodoris Chondrogiannos, and freelance journalist Thanasis Koukakis, is both retaliatory in nature and unfounded in merit.

Rather than a good faith effort to seek appropriate legal redress, we are concerned these lawsuits – ranging from between €150,000 and €250,000 – appear to be more an effort to punish the media whose investigations into your links with a company caught in the middle of a spyware scandal appear to have led to your resignation.

Demands for the articles of both independent media which published on August 4, 2022 to be removed from their respective websites are a clear attempt to muzzle professional investigative reporting on a matter of significant public interest and erase their revelations.

The legal action taken against Thanasis Koukakis, a journalist who was previously targeted with the Predator spyware marketed by the very firm you were established to have connections with, over his simple retweet of an investigative report, is a startling example of vexatious litigation.

We note that on 20 October you were awarded the ‘SLAPP Politician of the Year Award’ 2022 by the CASE Coalition at its European Anti-SLAPP contest 2022.

Upon your receival of this SLAPP award, we now take the opportunity to write to you directly to urge you to withdraw the legal complaints against all three journalists and both media outlets and to refrain from weaponizing the law to target public interest journalism in the future.

The case is a matter of serious concern amongst international journalists’ and media freedom organisations, European NGOs working on SLAPPs, and MEPs at the European Parliament and serves only to further erode media freedom in Greece at a troubling time.

Our organisations will continue to monitor the situation closely and push for full accountability for the recent abuses of spyware in Greece, as well as the development and implementation of effective anti-SLAPP legislation at the EU, Council of Europe and national levels. We hope to see your response soon.

Signed by:

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

Malta: Civil society denounces government’s lack of ambition and…

Malta: Civil society denounces government’s lack of ambition and transparency in press freedom reforms and renews calls for full justice for Daphne Caruana Galizia

Five years ago today, investigative reporter Daphne Caruana Galizia was brutally assassinated in a car bomb attack in Malta. Our thoughts are with her family, friends and colleagues. Together with them, we continue to fight for justice.

Today is a day to remember and celebrate her fearless journalism, the far-reaching impact of her incisive writing on financial crime, abuses of power and deep-seated corruption, and her unwavering commitment to uncovering the truth and serving the public’s right to information.

Until yesterday, progress in the criminal investigations and prosecutions had been slow. Yet in a surprise turn of events on Friday, the Criminal Court sentenced brothers Alfred and George Degiorgio, following a guilty plea, to 40 years each for their role as hitmen in the assassination of Caruana Galizia. This is a welcome development although legal proceedings against the suspected bomb suppliers as well as the suspected mastermind remain pending.

Impunity serves to embolden those who use violence to silence critical journalism and it ends only when all those responsible for the heinous murder have been prosecuted to the full extent of the law: all the potential intermediaries and mastermind(s) must be brought to justice.

Similarly, we must point out the unacceptable lack of implementation of the recommendations made by the landmark Public Inquiry into Caruana Galizia’s assassination and the exclusion of structured public consultation, including with our organisations, on proposed legal amendments relating to the safety of journalists and Strategic Lawsuits Against Pubic Participation (SLAPPs), which in the latter case fail to meet international standards. The process provides a historic opportunity for the Government of Malta to implement its obligations under international and European legal and policy frameworks to create an enabling environment for journalism and to protect journalists.

The lack of political will to initiate the effective and systemic reform that is needed casts doubt on whether Malta’s political class has drawn any lessons from Caruana Galizia’s assassination. However, justice for the killing of Daphne Caruana Galizia could now be making progress. The government must now protect those who continue her legacy.

Signed by:

Access Info Europe
Access to Information Programme (AIP)
ARTICLE 19 Europe
Association of European Journalists-Belgium
Civic Alliance (CA) Montenegro
Civil Liberties Union for Europe (Liberties)
Committee to Protect Journalists (CPJ)
Corporate Europe Observatory
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
European Integrity Academy – AntiCorruption Youth Greece
Free Press Unlimited (FPU)
Global Forum for Media Development (GFMD)
IFEX
Index on Censorship
International Federation of Journalists (IFJ)
International Institute for Regional Media and Information (IRMI) Ukraine
International Media Support (IMS)
International Press Institute (IPI)
Irish PEN/PEN na hÉireann
Kosova Democratic Institute
Legal Human Academy
Media Diversity Institute
OBC Transeuropa (OBCT)
Oživení, z.s. (CZ)
Partners Albania for Change and Development
PEN International
PEN Malta
Reporters Without Borders (RSF)
Scottish PEN
Society of Journalists, Warsaw
South East Europe Media Organisation (SEEMO)
Syri i Vizionit
Transparency International EU
Wales PEN Cymru

Turkey: International delegation condemns passage of disinformation law and…

Turkey: International delegation condemns passage of disinformation law and issues call to protect safety and freedom of journalists ahead of 2023 elections

Turkey’s journalists are bracing themselves for a renewed attack on their safety and freedoms in the run up to the country’s 2023 general elections following passage of a new disinformation law that threatens to close down public criticism and debate, an international media freedom mission visiting Turkey from October 12 to 14, 2022, has found.

Article 29 of the law provides for three years’ imprisonment for those who publish “false information” with the “intention to instigate fear or panic, endanger the country’s security, public order and general health of society”. It was passed by parliament on Thursday, October 13.

The bill’s vague and problematic language and its future implementation by Turkey’s politicized judicial system will put journalists as well as millions of internet users at risk of criminal sanctions and could lead to much greater censorship and self-censorship in the country’s already compromised news landscape.

This week, seven media freedom, journalism, and human rights organisations met with a range of key stakeholders in Turkey, including journalists, civil society groups, political parties, and the Turkish Constitutional Court to discuss Turkey’s media freedom crisis. In addition to the chair of the Turkish Parliament’s Investigative Committee on Human Rights, MP Hakan Çavuşuğlu of the ruling AKP party, the delegation also met with representatives of the Republican Peoples’ Party (CHP), Peoples’ Democratic Party (HDP), Good Party (İYİP), Future Party (Gelecek P.), Demokrat Party, Felicity Party (Saadet Party), Turkey’s Workers Party (TİP), Labor Party (EMEP), and Societal Freedom Party (TÖP).

The mission’s requests for meetings with presidential spokesperson İbrahim Kalın; with the AKP vice-chair responsible for human rights, Leyla Şahin Usta; and with RTÜK (national broadcast regulator) Chair Ebubekir Şahin were declined. Meeting requests sent to MHP representatives; BTK (communications authority) administration; the chair of the parliamentary Digital Platforms Committee, MP Hüseyin Yayman of AKP; and the head of Directorate of Communications, Fahrettin Altun, were left unanswered.

Led by the International Press Institute (IPI) and IPI’s Turkey National Committee, the mission included representatives from Amnesty International Turkey, ARTICLE 19, Committee to Protect Journalists (CPJ), the European Centre for Press and Media Freedom (ECPMF), Osservatorio Balcani e Caucaso Transeuropa (OBCT), and Reporters without Borders (RSF). The mission was also supported by PEN International and the South East Europe Media Organisation (SEEMO).

Presidential and parliamentary elections are due to take place in Turkey June 2023. The free flow of independent news and information is an essential condition to any democratic election.

The mission called on politicians across the political spectrum to pledge to end the crisis facing journalism and commit to extensive reforms in their manifestos guaranteeing media freedoms after many years of deteriorating conditions.

At the same time, stakeholders met by the mission expressed grave concern over the possibility of a greater crackdown on journalists and a heightened threat of physical violence ahead of the vote. We call on the government to guarantee that journalists are able to do their work free of intimidation and harassment in particular during the election period.

Priorities for action

Following its meetings, the international delegation has identified the following priorities for action:

Disinformation law and digital censorship: The government must repeal the disinformation law and put an end to the framework of digital censorship that has been built by the administration. In particular, the new penal code article criminalizing disinformation offers the authorities yet another tool after years of abusing Turkey’s anti-terror law to target critical journalism.

Stakeholders met by the mission also raised fears that the Center to Combat Disinformation, established this summer by the Directorate of Communications, will add another layer to the system of digital repression by increasing monitoring and harassment of journalists online.

Sustainable improvement for press freedom in Turkey cannot happen without ensuring the impartiality and independence of the judiciary. Turkey’s captured prosecution services and courts, combined with poorly drafted laws that are not in compliance with international standards, have led to the prosecution, conviction, and jailing of hundreds of journalists over the past decade for their journalism. Despite the reduced number of journalists in jail, the Judicial Reform Package, a 2019 initiative presented by the government as an effort to safeguard rights, has not succeeded in stopping the prosecution and legal harassment of journalists.

While the Turkish Constitutional Court (TCC) has issued some important pilot rulings pointing to structural problems with laws impacting free expression, there are still major challenges around implementation of the TCC’s rulings by both lower courts – a problem the TCC says it is working to address – and by lawmakers. Important freedom of expression related cases have faced years-long delays awaiting decisions from the TCC, underscoring serious concerns that justice delayed is tantamount to justice denied.

At the same time, meeting partners in Turkey have highlighted the problem that most TCC judges are nominated directly or indirectly by the president. Recent appointments to the court have given rise to serious concerns regarding political influence and underscore the need to free the nominations process from such influence.

Turkey’s media regulatory bodies must be depoliticised and reformed. They have all abused their powers to target and penalise independent media.

The Press Advertising Agency (BIK) has consistently imposed arbitrary penalties on independent newspapers by withdrawing state advertising, thereby denying them an important source of revenue. This August, the Constitutional Court ruled that BIK’s arbitrary sanctions constitute a rights violation stemming from a structural problem. Despite the ruling, BIK subsequently permanently revoked the right of one of these newspapers, Evrensel, to receive public ads.
The Television and Radio High Council (RTÜK), Turkey’s broadcast regulator, has regularly targeted independent media. RTÜK issued 42 fines in the past nine months, according to reports by MP Utku Çakırözer. These have almost exclusively been levelled against independent broadcasters.
This summer, the Information and Communications Technologies Authority (BTK) was embroiled in a scandal known as “BTK Gate” following the revelation that it had been harvesting data of millions of internet users without a court order. Since December 2020, internet service providers have been required to send BTK hourly reports on websites visited, data location, apps used, and the names of the users. Such mass surveillance has clear implications for the rights of journalists and sources.

The safety of journalists is under increasing pressure as online threats and the verbal targeting of journalists by politicians spill out into violence on the streets. The Mapping Media Freedom platform has recorded 26 cases of assaults against journalists in Turkey in the past year alone. This rise in violence does not take place in a vacuum but is a result of the demonization of critical journalism as illegitimate and a threat to national security. Moreover, the impunity that has emerged in some of these cases risks fuelling further violence.

During the mission, the delegation called on all political parties to condemn any attacks on journalists and guarantee the rights of journalists to freely and safely cover the 2023 election campaign.

Over the past year, the prosecution and detentions of critical, independent media have continued. This year’s mission has visited Diyarbakir to show solidarity with 15 journalists and a media worker who have been held there in pretrial detention since June despite a lack of official charges. The mission renews its call for the release of all jailed journalists in Turkey and its support for their colleagues and families.

Finally, the process of press accreditation must be reformed and depoliticized so as to enable all journalists to do their work. Accreditation must be taken out of the hands of the Directorate of Communications, which has abused its position to remove the press cards of hundreds of critical journalists, and be replaced by a system run by journalists and media organizations themselves.

Later this year, the delegation will publish a full report on the mission in which it will provide more detail about the views expressed by stakeholders and officials met during the visit.

Czech Republic: Media freedom groups urge MPs to pass…

Czech Republic: Media freedom groups urge MPs to pass media act amendment

The undersigned media freedom and journalists organisations and unions today urge the Chamber of Deputies of the Czech Republic to vote to pass a draft bill which would amend the law on public broadcasting to strengthen the institutional independence of Česká televize (Czech Television) and Český rozhlas (Czech Radio).

Our organisations have previously called for and supported the development of this bill, which we believe will play a crucial role in limiting the ability of political forces to influence Czech Television’s oversight council and help future-proof the broadcasters against any attempts by governments to erode editorial independence.

The passing of this reform package is long overdue and comes at a crucial time. Under the previous government, Czech Television came under sustained political pressure, including through well-documented attempts to unseat its director general via politically-motivated appointments to its oversight council.

Despite these challenges, Czech Television withstood the pressure and remains the model for independent public service broadcasting in Central and Eastern Europe. However, unless the current legislative framework is amended to stop weaknesses being exploited, the broadcaster will remain at the mercy of political interference from future administrations.

In our view, the draft amendments developed by the Ministry of Culture represent a legitimate, proportionate and democratic attempt to safeguard the functional independence of the Czech Television Council, in line with the Czech Constitution. While this bill does not take up all of the recommendations initially put forward by CSOs, we note it was created with the welcome input of journalists’ groups and media associations and in line with international standards.

Vital elements of this bill include amendments that; ensure both chambers of parliament are involved in appointments to the Czech Television Council; increase the number of sitting councilors; tighten rules on which organisations can nominate candidates, and scrap the ability of parliament to remove all the board members as a consequence of the rejection of annual reports.

Taken together, these changes would significantly limit the number of pressure points available to future governments seeking to disrupt the broadcaster’s work or influence its coverage through its proxies on the oversight councils. The passing of this bill would also provide an important signal that the current government is committed to strengthening democracy and would boost its record on media freedom during its Presidency of the Council of the European Union.

However, it is crucial that the passing of this legislation be followed by a secondary bill which provides for long-term and sustainable financing for Czech Television and Czech Radio, both of which face serious cuts to budgets and staff numbers. This should include the long overdue legislation for automatic increases in the licence fee in line with inflation.

Amidst the war in Ukraine, support for well-funded and independent Czech public broadcasters will both act as an antidote to the Kremlin’s propaganda and provide a much-needed model for neighbouring countries experiencing similar threats to the independence of public service media, both now and in the years to come.

The current administration has a vital opportunity to strengthen a pillar of Czech democracy and safeguard the independence of public service media for the future. We urge MPs in the Chamber of Deputies and the Senate of the Czech Republic to seize this moment and deliver a progressive reform of the Act on Czech Television.