Peter R. De Vries

Netherlands: Press freedom organisations welcome policy debate on media…

Netherlands: Press freedom organisations welcome policy debate on media freedom and journalists’ safety

The partners in the Media Freedom Rapid Response (MFRR) and other undersigned press freedom organisations welcome the publication of the letter from the Dutch Government to the Parliament of 29 June 2022 regarding a proposed policy approach on media freedom and safety of journalists.

The partners in the Media Freedom Rapid Response (MFRR) and other undersigned press freedom organisations welcome the publication of the letter from the Dutch Government to the Parliament of 29 June 2022 regarding a proposed policy approach on media freedom and safety of journalists.

 

We commend that in preparation of its letter, the Government has taken into account reports by domestic and international journalists’ and civil society organisations, including the work of the Nederlandse Vereniging van Journalisten, the recent MFRR report ‘Towards a safer haven: Advancing safety of journalists amidst rising threats in the Netherlands’ and Reporters Without Borders’ World Press Freedom Index. 

 

The undersigned organisations, while recognising that the Netherlands remains – by global standards – a relatively safe place for journalists and media workers, found there is room for improvement in a number of areas. These include the need to ensure a better understanding of the role of the press among the general public and the fact that specific categories of journalists, including women and freelance reporters, suffer specific threats that require a more targeted policy approach. We also call for a tailored approach to police protection against serious threats from organised crime. Furthermore, we recommend an enhanced focus on preventive measures. 

 

The undersigned organisations welcome the Government’s constructive approach to these concerns, which we find reflected in its letter to Parliament, and look forward to seeing how this initial proposal will be further developed and strengthened through the upcoming parliamentary debate after recess, and beyond. In this regard, we also stress the importance of due implementation. We hope that throughout this process, politicians and policy makers will continue to seek and constructively engage with the views of domestic and international professional associations and civil society organisations, and we remain ready to participate in this process.

Signed by:

  • ARTICLE 19 Europe
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)

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

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Emilia Șercan | Culisele operațiunii „Kompromat” - Interviu cu Emilia Șercan | YouTube/HotNews Romania

Concern over delay in investigation into leak of Emilia…

Media freedom groups concerned by delay in investigation into leak of Emilia Șercan’s stolen photos

MFRR consortium joined a collection of media freedom and freedom of expression groups in writing to Nicolae Ciucă, Prime Minister of Romania, Minister of Internal Affairs of Romania, Lucian Bode, General Prosecutor of Romania, Gabriela Scutea, General Prosecutor attached to the Bucharest Court of Appeal, Ioan Viorel Cerbu, Romanian Ombudsman, and Renate Weber, General Inspector of the Romanian Police, Quaestor of police Benone-Marian Matei.

The open letter, which follows up on a previous letter sent by the group on 13 April 2022, expresses concern at delays to the investigation into the publication of Romanian journalist Emilia Șercan’s stolen photos and the alleged leak of key elements of the investigation into this offense.

Open letter, sent electronically

28 June 2022

 

Dear Prime Minister of Romania, Nicolae Ciucă,

Dear Minister of Internal Affairs of Romania, Lucian Bode,

Dear General Prosecutor of Romania, Gabriela Scutea,

Dear General Prosecutor attached to the Bucharest Court of Appeal, Ioan Viorel Cerbu

Dear Romanian Ombudsman, Renate Weber,

Dear General Inspector of the Romanian Police, Quaestor of police Benone-Marian Matei

 

The undersigned organizations write to share their deep concerns about the delay in the investigations into the publication of Romanian journalist Emilia Șercan’s stolen photos and the alleged leak of key elements of the investigation into this offense.

 

The compelling need for independent investigations has been pointed out in an open letter that our organizations sent to the Romanian authorities in April 2022.

 

Although the principle of confidentiality of investigation applies, the law enforcement authorities seem to have failed – according to available information – to make significant progress four months after Emilia Șercan became the target of harassment and a smear campaign through the publication of her private pictures and the alleged leak of key elements of the criminal investigation into the matter amplifying the exposure of her private pictures. .

 

Moreover, neither the response of the Ministry of Interior to the above-mentioned open letter, nor the state reply to the alert published on the Council of Europe’s platform to promote the protection of journalism and safety of journalists addressed our organizations’ legitimate concerns about the progress of the investigation into the leak.

 

Hence, our organizations find that the authorities are neither designating the investigation a priority, nor devoting sufficient resources to it.

 

Guaranteeing a swift and independent investigation appears all the more necessary and urgent in the light of the risk of alteration of evidence and of the inaccessibility of the evidence caused by the delay. This could significantly complicate the proper conduct of the investigation.

 

Furthermore, the information newly added to the file indicates possible involvement of the police in the alleged leak from the criminal investigation into the offense, as a screenshot that Emilia Șercan had provided to the police appeared in the media along with her private pictures. It seems that before the leak, solely the police – in addition to the journalist herself – had access to the screenshot.

 

This last hypothesis is supported by a recent independent expert report concluding that any surveillance of the plaintiff’s devices is unlikely.

 

It is all the more crucial to prosecute these offenses given that they specifically target a journalist who has been threatened for her investigations into the practice of plagiarism by heads of the highest state institutions, including military educational institutions.

 

It is of utmost importance that the probe into both the threats that targeted Emilia Șercan and into the alleged leak of her stolen pictures from the criminal investigation be conducted in total independence and reach a successful conclusion as soon as possible.

 

As stated by Vice-President of the European Commission Vera Jourova in her reply to the open letterof Members of the European Parliament on Emilia Șercan’s case, “the Commission calls on Member States to investigate and prosecute all criminal acts committed against journalists, whether online or offline, in an impartial, independent, effective, transparent and timely manner (…) and (to) make full use of existing national and European legislation, to ensure that fundamental rights are protected and justice is swiftly delivered in particular cases and prevent the emergence of a ‘culture ’ of impunity regarding attacks against journalists”.

 

Indeed, the authorities swift and transparent action in Emilia Șercan’s case is in the interest of improving press freedom in Romania, which recently has declined due to an increasing number of threats and resulted in RSF ranking the country 56th in its World Press Freedom Index.

 

Thank you for considering our concerns.

Signed by:

  • ActiveWatch
  • Article 19 Europe
  • Committee to Protect Journalists (CPJ)
  • European Federation of Journalists (EFJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)

Transmis electronic

Paris, 28 iunie 2022

 

Subiect: Publicarea pozelor furate ale Emiliei Șercan și presupusa scurgere din ancheta penală

 

Stimate premier al României, Nicolae Ciucă,

Stimate ministru al Afacerilor Interne al României, Lucian Bode,

Stimate procuror general al României, Gabriela Scutea,

Stimate procuror general de pe lângă Curtea de Apel București, Ioan Viorel Cerbu

Stimate Avocat al Poporului, Renate Weber,

Stimate Inspector General al Poliției Române, Chestor de poliție Benone-Marian Matei

 

Organizațiile semnatare vă scriu pentru a-și împărtăși îngrijorarea profundă cu privire la întârzierea investigațiilor privind publicarea fotografiilor furate ale jurnalistei românce Emilia Șercan și presupusa scurgere a unor elemente cheie ale anchetei în această infracțiune.

 

Necesitatea imperioasă a unor investigații independente a fost subliniată într-o scrisoare deschisă pe care organizațiile noastre au trimis-o autorităților române în aprilie 2022.

 

Deși se aplică principiul confidențialității anchetei, autoritățile de aplicare a legii par să fi eșuat – conform informațiilor disponibile – în a face progrese semnificative la patru luni după ce Emilia Șercan a devenit ținta hărțuirii și a unei campanii de defăimare prin publicarea fotografiilor sale private și prin presupusa scurgere de elemente cheie ale anchetei penale, amplificând expunerea pozelor sale private.

 

Mai mult, nici răspunsul Ministerului Afacerilor Interne la scrisoarea deschisă menționată mai sus, nici răspunsul statului la alerta publicată pe platforma Consiliului Europei pentru promovarea protecției jurnalismului și a siguranței jurnaliştilor, nu au abordat preocupările legitime ale organizaţiilor noastre cu privire la progresul anchetei privind scurgerea.

 

Prin urmare, organizațiile noastre constată că autoritățile nu acordă acestei investigații un statut prioritar și nici nu îi alocă resurse suficiente.

 

Garantarea unei investigații rapide și independente pare cu atât mai necesară și mai urgentă în lumina riscului de alterare a probelor și a inaccesibilității probelor, cauzate de întârziere. Acest lucru ar putea complica semnificativ desfășurarea corectă a investigației.

 

Mai mult, informațiile nou adăugate la dosar indică o posibilă implicare a poliției în presupusa scurgere din investigația penală asupra infracțiunii, întrucât în ​​mass-media a apărut o captură de ecran pe care Emilia Șercan o furnizase polițiștilor, alături de pozele sale private. Se pare că înainte de scurgere, doar poliția – pe lângă jurnalista însăși – a avut acces la această captură de ecran.

 

Această ultimă ipoteză este susținută de un recent raport de expertiză independentă care concluzionează că orice supraveghere a dispozitivelor reclamantei Emilia Șercan este puțin probabilă.

 

Este cu atât mai important să investigăm aceste infracțiuni cu cât vizează în mod specific o jurnalistă care a fost amenințată pentru anchetele ei privind practicarea plagiatului de către șefi ai celor mai înalte instituții ale statului, inclusiv instituții militare de învățământ.

 

Este de maximă importanță ca ancheta atât cu privire la amenințările care au vizat-o pe Emilia Șercan, cât și cu privire la presupusa scurgere, a pozelor ei furate, din cadrul urmăririi penale, să se desfășoare în deplină independență și să ajungă la o rezolvare cu succes cât mai curând posibil.

 

După cum a afirmat vicepreședinta Comisiei Europene, Vera Jourova, în răspunsul său la scrisoarea deschisă a deputaților din Parlamentul European cu privire la cazul Emilia Șercan, „Comisia solicită statelor membre să investigheze și să urmărească penal toate faptele penale comise împotriva jurnaliştilor, fie online, sau offline, într-o manieră imparțială, independentă, eficientă, transparentă și în timp util (…) și (să) utilizeze pe deplin legislația națională și europeană existentă, pentru a se asigura că drepturile fundamentale sunt protejate și că actul de justiție este îndeplinit rapid în cazuri individuale și pentru a preveni apariția unei <<culturi>> a impunității în ceea ce privește atacurile împotriva jurnaliștilor”.

 

Într-adevăr, acțiunea rapidă și transparentă a autorităților în cazul Emiliei Șercan este în interesul îmbunătățirii stării libertății presei în România, care recent a scăzut ca urmare a unui număr tot mai mare de amenințăr, și a dus la clasarea de către RSF a țării pe locul 56 în Indexul mondial al libertății presei.

 

Vă mulțumim că luați în considerare preocupările noastre.

Signed by:

  • Reporteri fără Frontiere (RSF)
  • ActiveWatch
  • Article 19 Europe
  • Federația Europeană a Jurnaliştilor (EFJ)
  • OBC Transeuropa (OBCT)
  • International Press Institute (IPI)
  • European Centre for Press and Media Freedom (ECPMF)
  • Committee to Protect Journalists (CPJ)

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.

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Ceska Televize

Czech Republic: MFRR pushes for reforms to strengthen independence…

Czech Republic: MFRR pushes for reforms to strengthen independence of public broadcaster

Representatives from the International Press Institute (IPI) and European Centre for Press and Media Freedom (ECPMF) travelled to Prague on Wednesday June 15 to meet with officials from the Ministry of Culture and push for the development of reforms which strengthen the independence of the country’s public broadcaster.

During the one-day visit, the delegation met with journalists and editors from independent media, representatives from the Endowment Fund for Independent Journalism (NFNZ), the director general of the Czech Television Petr Dvořák, and representatives from the Ministry of Culture under the new coalition government of Petr Fiala.

 

Discussions centred around the preparation of draft amendments aimed at creating additional safeguards to protect the institutional and editorial independence of Czech Television, which faced sustained pressure under the former government led by Andrej Babiš.

 

During the meeting with the Ministry, it was confirmed to the delegation that progress had been made in negotiations regarding the amendments and that the cabinet is due to discuss a re-worked package of reforms this week, June 20-24.

 

The new package contains only a handful of the amendments initially proposed by civil society groups including the NFNZ and IPI CZ and which were supported by the organisations of the Media Freedom Rapid Response (MFRR). According to information provided to the delegation, the revised amendments will include:

 

  • Changing the law so that both chambers of parliament, rather than just the Chamber of Deputies, will be involved in appointments to the Czech Television Council. This more staggered system is intended to make it more difficult for a government to use a parliamentary majority to overly politicise the composition of the council;

 

  • Tightening the rules for who can nominate candidates for the CT Council. Under the proposed amendment, only established institutions with 10 years of experience in the fields such as media, culture or human rights would be permitted to nominate candidates;

 

  • Removing the ability of parliament to reject the annual report of the public broadcaster, eliminating the ability of the parliament to twice reject the report and subsequently dismiss the entire CT Council;

 

  • Increasing the number of councillors on the CT Council from 15 to 18. Under the draft, the Senate would vote for six and the Chamber of Deputies will appoint the other 12. A qualified majority of 10 would be needed to appoint and dismiss the director general.

 

As part of the initial reform package developed by the Ministry of Culture, when the amendments entered into force the entire CT Council would have been dismissed and elections would have been held under the new appointment system. However, the Legislative Council of the Government raised concerns about the legality of the move and a compromise was required, causing significant delays while coalition parties negotiated an alternative.

 

Under the rewritten plans, the number of councillors will instead be increased by three. In another shift, the Chamber of Deputies would elect two thirds of the councillors rather than the original proposed 50:50 split between the Chamber and the Senate.

 

If approved by the cabinet in June, the draft amendment would then need approval from the Chamber of Deputies and the Senate before being signed into law.

 

“It is uplifting to finally see progress made on the preparation of a new draft. While this new package contains only a fraction of the initial proposals, if passed these amendments would still have a significant impact and create additional safeguards against future attempts to undermine the independence of Czech Television”, said IPI Deputy Director Scott Griffen, who participated in the visit. “We urge the cabinet to swiftly approve this first package of reforms and send the package to parliament for a vote. It is vital that early momentum of improving the landscape for media freedom is not lost.

 

“However, this should be seen as a first step in a wider process of reform – one which must urgently include the provision of sustainable financing for Czech Television. The Czech public broadcaster has been, and remains, a standard bearer for other public service media in the region. Shoring up its financial stability and passing amendments which help future-proof the institution against political attacks would provide a much-needed example of resilience in central and eastern Europe. Our organisations will continue to closely follow the legislative process and push for additional needed improvements for media freedom in the coming months.”

 

During the meeting at the Ministry, the delegation was also informed that a working group is due to be established to discuss a second package of reforms to the Act on Czech Television and Czech Radio. This would include the proposal to legislate for automatic increases in the licence fee in line with inflation, as well as greater judicial oversight over dismissals of councillors and the creation of professional criteria for those seeking election to the CT Council. IPI strongly urged that this working group include independent national and international experts.

 

Coming in the wake of an announcement about forced cuts to budgets and staff numbers, a solution to the unsustainable financial situation at Czech Television is viewed by the delegation as essential in the coming months. In total, the broadcaster will be forced to cut 910 million crowns (€36.8 million) by 2024 and intends to axe its newest channel, ČT3. The license fee has not increased since 2008.

 

During the visit of the delegation to Prague, the delayed election for the CT Council was also held. After the governing coalition passed a motion for the vote to be made public, the opposition party boycotted the vote. Five new councillors were appointed, all of whom have suitable professional qualifications and expertise.

This mission 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.

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Spain: Fine against photographer underscores urgent need for reform…

Spain: Fine against photographer underscores urgent need for reform of Gag Law

The undersigned organisations of the Media Freedom Rapid Response (MFRR) today express serious concern over the recent €1,000 fine issued to Pulitzer prize-winning photographer Javier Bauluz under Spain’s controversial “Gag Law”. Our organisations believe this fine represents another example of the need for the Spanish government to urgently reform the most problematic elements of the law in line with international human rights standards to protect freedom of expression and the freedom of the press.

In November 2020, the photographer had been documenting the arrival of thousands of refugees and migrants to Gran Canaria. As he attempted to take photographs one morning of the arrival of a rescue boat at the port in Arguineguín, he was approached by two police officers. Video footage appears to show one of the officers grab him by the arm and demand he leave the public area. After Bauluz protested, the police issued him with two fines for “disrespecting an agent” and “refusing to identify himself”.

 

More than a year and a half later, Bauluz finally received a €960 fine for the two charges under Article 36.6 and Article 37.4 of Spain’s Law on the Protection of Citizens’ Safety – dubbed the “Gag Law”. Bauluz rejected the fines and said that police had limited press access to the arrival centre, unjustifiably limiting the ability of the press to properly document the situation at the centre, which had been criticised for unacceptable conditions. There is no option to appeal the administrative sanctions.

 

Bauluz is one of the many journalists, photographers and activists in Spain who have been fined under the 2015 Gag Law for alleged behaviours that would endanger the work of law enforcement authorities. Among other rules, the legislation allows authorities to fine journalists and media organisations for distributing unauthorised images of police. Media freedom groups and human rights organisations have repeatedly criticised the law for violating freedom of expression and leading to arbitrary sanctions against journalists and media workers like Bauluz.

 

In December 2020, the Spanish Parliament started a long awaited discussion over the reform of the law. However, unfortunately this has not led to any tangible results so far, despite being one of the promises in the manifesto of the current government. The Council of Europe’s Human Rights Commissioner Dunja Mijatovic has expressed her concern over the text of the suggested bill, which she considers insufficient to fully comply with Spain’s human rights obligations. In January 2021, the Constitutional Court validated the law’s compliance with constitutional principles, except for the provision referring to prohibition of unauthorised recording of law enforcement operations.

 

In the wake of the fine issued against Bauluz, MFRR partners again urge the Spanish government to push forward and undertake a comprehensive reform of the Ley Mordaza in line with international human rights standards. Our organisations also call for the fine against Bauluz to be immediately withdrawn. It is vital that all barriers that hamper the ability of journalists and photojournalists to carry out public interest work and document potential rights abuses are removed. Until this legislation is reformed, press freedom in Spain will continue to suffer.

Signed by:

  • ARTICLE 19 Europe
  • International Press Institute (IPI)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • OBC Transeuropa (OBCT)
  • European Centre for Press and Media Freedom (ECPMF)
  • Plataforma por la Libertad de Información (PLI) [Platform for the Defence of Freedom of Information]
  • FAPE (Federación de Asociaciones de Periodistas de España)

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.

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Feindbild-6

Feindbild Journalist 6 – Hatred on the Doorstep

Feindbild Journalist 6 – Hatred on the Doorstep

(Leipzig, 14/06/2022) — The European Centre for Press and Media Freedom (ECPMF), as part of the Media Freedom Rapid Response, (MFRR) has published the English translation of the 2021 iteration of “Feindbild”, an annual study into politically-motivated violence against journalists in Germany. “Feindbild 6 – Hatred on the Doorstep” was first published in German in April 2022.

Key findings: A new negative record

As part of the study, ECPMF recorded a record number of 83 physical attacks on journalists and media workers, an increase of 14 from the previous year. These attacks affected 124 media workers or teams, although the researchers assume that the number of unreported cases is high. Co-author of the report, Martin Hoffmann said:

 

Since we started recording cases in 2015, we have never verified so many violent attacks against media professionals as in 2021. Serious threats and physical attacks are part of the everyday work of more and more journalists. This does not remain without consequences. A growing number of journalists are therefore withdrawing from covering demonstrations.

 

Demonstrations and protests were the context in which attacks against the press happened most frequently in Germany. 75% took place at demonstrations of pandemic-related protest networks such as Querdenken.

 

As in previous years, Saxony remains the largest offender when it comes to politically-motivated violence against journalists, with 23 recorded incidents in 2021. However, this year marked an increase in the number of attacks taking place in western Germany.

 

The political background of the attackers in 2021 was highly varied. 39% of attackers came from right-wing perpetrators, 1% from the left, and 39% could not be attributed to any particular political stance.

 

Attacks increased towards the end of 2021, with 19 recorded in December and 18 in January 2022 — the highest number recorded in any two months since the start of the research in 2015.

 

Support from BDZV

For the first time, the German Federal Association of Digital Publishers and Newspaper Publishers (BDZV) supported the production of the Feindbild study. Speaking of the report’s findings, Mr. Sigrun Albert, General Manager of BDZV said:

 

Unfortunately, the new Feindbild study confirms our assumption that local journalists are increasingly being targeted by violent attacks because of their work. Hateful attacks and massive digital threats are also at least as disturbing.

 

BDZV will partner with and support ECPMF to implement long-term monitoring of attacks facing journalists in Germany and to develop counter-measures in response. Dr. Lutz Kinkel, Managing Director of ECPMF, said:

 

What we need is more protection for media professionals, more consistent punishment of criminal offences, and more media literacy education. The partnership with BDZV enables us to explore and analyse the problems in the local space more intensively in the future. We are looking forward to the collaboration.

Download the report

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

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A protester chaining hands during freedom of the press in Istanbul, Turkey, 4 March 2016

International groups call on Turkey’s parliament to reject the…

International groups call on Turkey’s parliament to reject the “disinformation” bill as a tool of digital censorship

Twenty three international media freedom, freedom of expression and journalists’ organisations today called for the immediate dismissal of the bill on “disinformation and fake news” which was submitted to the parliament on May 27 by the governing alliance of Justice and Development Party (AKP) and Nationalist Movement Party (MHP).

 

[Açıklamanın Türkçe çevirisi aşağıdadır]

The bill threatens up to three years imprisonment for those found guilty of the deliberate publishing of “disinformation and fake news” intended to instigate fear or panic, endanger the country’s internal or external security, public order and general health of Turkey’s society.

Such a bill, where the definition of disinformation and ‘intent’ is left so vague, puts millions of Turkey’s internet users at risk of criminal action for posting information that the government disagrees with.

Placed in the hands of Turkey’s highly politicized judiciary, the law would become another tool for harassing journalists and activists and may cause blanket self-censorship across the internet.

The bill would also increase any sentence by 50% where information is published from anonymous user accounts. This severely undermines anonymity on the internet and further intimidates those wanting to publish evidence of corruption and wrongdoing but are afraid of the consequences of being publicly identified. 

The governing alliance claim the bill is in line with the European Union’s Digital Services Act and General Data Protection Regulation, however there are no such provisions under either of these laws. 

The law would also bring news sites under the Press Law (Basin Kanunu). This gives their journalists access to the official press accreditation and also to public advertising funds through the official Press Advertising Agency, Basin Ilan Kurumu (BIK). In practice however this will simply enable the government to fund pro-government news sites while banning critical media deemed to have breached the disinformation law.

In the drafting stage, the government reportedly organized a consultation with international digital platforms yet it failed to hold any meetings with media representatives, editors, journalism associations or unions, despite these groups, and their members, being the most affected by the legislation.

The draft bill is currently before the Parliament. However the role of parliament has been so heavily undermined by the Presidential system that the bill is being rushed through without proper scrutiny or debate and expected to be passed swiftly into law within days. 

Disinformation is an important issue and needs to be combatted but not at the price of restricting journalists’ rights and the public’s rights of freedom of expression. Any such initiatives should be developed in close consultation with media and other stakeholders and include sufficient safeguards for free speech and independent journalism that can prevent their abuse by the government to impose  arbitrary censorship.  

We, therefore, call on all Turkey’s parliamentarians who believe in the parliamentary process and the free flow of ideas and information as central to a democratic society, to vote down this bill.

Uluslararası kurumlar, Türkiye meclisini dijital sansürün bir aracı olarak görülen “dezenformasyon” yasa tasarısına karşı çıkmaya çağırıyor.

Yirmi üç uluslararası basın özgürlüğü, ifade hürriyeti ve gazetecilik örgütü, Adalet ve Kalkınma Partisi’nin (AKP) ve iktidar müttefiki Milliyetçi Hareket Partisi (MHP) tarafından 27 Mayıs’ta meclise sunduğu “dezenformasyon ve yalan haber” konulu yasa tasarısının bugün yayınladıkları bir ortak açıklamayla derhal geri çekilmesi çağrısında bulundu.

Tasarıda, korku ve panik yaratmaya, ülkenin iç ve dış güvenliğini, kamu düzenini ve Türkiye toplumunun genel sağlığını tehlikeye atmayı amaçlayan “dezenformasyon ve yalan haber” kasıtlı olarak yayımlamaktan suçlu bulunanlar üç yıla kadar hapisle tehdit ediliyor.
Dezenformasyon ve ‘niyet’ tanımının bu kadar muğlak bırakıldığı böyle bir yasa tasarısı, Türkiye’de milyonlarca internet kullanıcısını iktidarın onaylamadığı bilgileri paylaştığı için cezai işlem riskiyle karşı karşıya bırakıyor.

Türkiye’nin son derece politize olmuş yargısının ellerine bırakılan yasa, gazetecileri ve aktivistleri taciz etmenin başka bir aracı haline gelebilir ve internette kapsamlı bir otosansüre neden olabilir.

Tasarı ayrıca, bilgilerin anonim kullanıcı hesaplarından yayınlandığı durumlarda herhangi bir hapis cezasını yüzde 50 oranında artıracaktır. Bu, internetteki anonimliği ciddi şekilde baltalar ve yolsuzluk ve görevi kötüye kullanmanın kanıtlarını yayınlamak isteyebilecek ancak kamuoyuna açıklanmanın sonuçlarına dair çekinceleri olan kişileri daha da korkutur.

İktidarda bulunan AKP ve MHP ittifakı, tasarının Avrupa Birliği’nin Dijital Hizmetler Yasası ve Genel Veri Koruma Yönetmeliği ile uyumlu olduğunu iddia ediyor, ancak bu yasaların kapsamında böyle bir hüküm bulunmuyor.

Kanun tasarısı, haber sitelerini de Basın Kanunu kapsamına almayı öngörüyor. Bu, internet ortamında faaliyet gösteren mecralara bağlı gazetecilere resmi basın kartı tahsisi sağlayacak ve ayrıca kurumlara da Basın İlan Kurumu (BİK) aracılığıyla kamu reklam fonlarına erişimi mümkün kılacak. Ancak uygulamada bu, iktidarın hükümet yanlısı haber sitelerini finanse etmesine ve dezenformasyon yasasını ihlal ettiği düşünülen eleştirel medyayı kısıtlamasına olanak tanıyacaktır.

Taslak aşamasında hükümetin uluslararası dijital platformlarla bir istişare düzenlediği, ancak mevzuattan en çok etkilenmesi beklenen bu gruplara ve temsilcilerine, medya temsilcileri, editörler, gazetecilik dernekleri veya sendikalar ile herhangi bir görüşme yapmadığı bildirildi.
Tasarı şu anda Meclis aşamasında. Ancak, Türkiye Büyük Millet Meclisi’nin rolü, Başkanlık sistemi tarafından o kadar ağır bir şekilde sarsıldı ki, yasa tasarısı uygun bir inceleme veya tartışma yapılmadan aceleye getirilmekte ve birkaç gün içinde hızla yasalaşması bekleniyor.

Dezenformasyon önemli bir konu ve mücadele edilmesi gerekiyor, ancak gazetecilerin haklarını ve kamuoyunun ifade hürriyetini kısıtlamak pahasına böylesi bir adım atılamaz. Bu tür girişimler, medya ve diğer paydaşlarla yakın istişare içinde geliştirilmeli ve hükûmet tarafından keyfi bir biçimde sansür uygulamak için bunların kötüye kullanılmasını önleyebilecek ifade hürriyeti ve bağımsız habercilik için yeterli güvenceleri içermelidir.

Bu nedenle, meclis aşamasında, demokratik bir toplumun temeli olarak ifade hürriyeti ve bilginin serbestçe dolaşabilmesine inanan Türkiye’deki tüm milletvekillerini bu tasarıyı reddetmeye çağırıyoruz.

Signed by:

  • International Press Institute (IPI)
  • ARTICLE 19
  • Articolo 21 
  • Association of European Journalists
  • Committee to Protect Journalists
  • Danish PEN
  • English PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Foreign Media Association (FMA)
  • IFEX
  • International Federation of Journalists (IFJ)
  • Media and Law Studies Association (MLSA)
  • Media Research Association (MEDAR)
  • OBC Transeuropa (OBCT)
  • PEN America
  • PEN International
  • PEN Norway
  • Platform for Independent Journalism (P24)
  • Reporters Without Borders (RSF)
  • South East Europe Media Organisation (SEEMO)
  • Swedish Pen
  • The Coalition For Women In Journalism (CFWIJ)
  • Turkey Human Rights Litigation Support Project
  • World Association of News Publishers (WAN-IFRA)

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

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Rai 3

Italy: Concern after authorities search Rai 3 editorial office…

Italy: Concern after authorities search Rai 3 editorial office and home of journalist

The partner organisations of the Media Freedom Rapid Response (MFRR) today express serious concern over the searches carried out by police at the offices of Rai 3’s investigative programme ‘Report’ and the home of investigative journalist Paolo Mondani. We urge the Italian Anti-Mafia Investigative Directorate (DIA) to provide assurances that the confidentiality of journalists’ sources will not be jeopardised and to reaffirm its respect for the principles of press freedom.

The MFRR joins the Federazione Nazionale Stampa Italiana, the Unione Sindacale Giornalisti Rai and the Ordine Dei Giornalisti in raising alarm about the heavy-handed actions of the DIA and the Guardia di Finanza on May 24, which led to searches of Report’s journalist’s computers and mobile phones. These searches at Rai’s offices and the home of a journalist raise serious questions about the protection of journalistic freedoms.

 

While the decision by the Caltanissetta District Anti-Mafia Directorate to revoke the search order is welcomed, we are concerned this incident is another example of the lack of respect for journalistic source confidentiality by state authorities in Italy, a right which is protected under both domestic law and reiterated by the case law of the European Court of Human Rights.

 

The raids came one day after Report broadcasted a show prepared by Mondani entitled “The Black Beast”, which was shown to mark the thirtieth anniversary of the 1992 Capaci bombing which killed renowned anti-mafia judge and prosecuting magistrate Giovanni Falcone, together with his wife and three policemen of his security detail. It examined the murder and revealed “forgotten documents” about possible links between the extreme right and the mafia in carrying out the assassination.

 

The new information related to the presence of a neo-fascist leader along with mafia bosses near the scene of the attack a few months before the crime was committed. The report suggested several mafia members had revealed to investigators the relationship between the leader of the Avanguardia Nazionale, an Italian neo-Nazi group, and the mafia, but their testimonies were never properly investigated.

 

The early morning searches by DIA agents were conducted as part of a wider investigation into the source of a leak of information to the media about prosecutors’ investigations into the Capaci massacre. Explaining its decision, the Caltanissetta Prosecutor’s Office rejected claims that testimonies were not properly investigated and said the searches were related to a “leak of judicial information” and verifying “the authenticity of the sources”.

 

While our organisations recognise the work of the DIA and all state authorities in bringing those responsible for historic mafia-related killings to justice, in this case the rush to identify the source of a leak of information was disproportionate and clearly infringed on the right to confidentiality of Mondani’s sources. The team at ‘Report have since confirmed they would have cooperated willingly with authorities.

 

The implications of these searches are serious. The protection of journalists’ sources and of whistleblowers is one of the basic conditions for press freedom and must be treated with the utmost caution. The potential violation of these principles in this case will have a detrimental effect on the willingness of sources to come forward and assist the press in fulfilling its watchdog role.

 

In this case, the actions taken against a well-known and professional investigative journalism programme such as Report also creates a chilling effect on the wider Italian journalistic community, especially among those investigating crime and corruption linked to the mafia. It is clear the initial permission to conduct the search by the Caltanissetta Prosecutor’s Office in Sicily was granted without consideration for these principles.

 

Moving forward, our organisations urge the DIA and the Guardia di Finanza to provide guarantees about the respect for journalistic source confidentiality and issue a formal apology to Rai 3, Report and Paolo Mondani. Recognition of the detrimental impact this type of searches can have on sources’ protection and public interest journalism is crucial for ensuring the trust of journalists in law enforcement authorities.

 

At the wider level, a robust and comprehensive framework for sources’ protection should be a priority of the Italian government and parliament in their mandate to improve the landscape for press freedom. We will continue to monitor the situation and look forward to seeing the response of the competent authorities.

Signed by:

ARTICLE 19 Europe

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

International Press Institute (IPI)

OBC Transeuropa (OBCT)

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

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Serbian flag

Serbia: Tendering process of national FTA TV licences must…

Serbia: Tendering process of national FTA TV licences must be open and transparent

Partner organisations of the Media Freedom Rapid Response (MFRR) and the Independent Journalists’ Association of Serbia (NUNS) are concerned about the lack of a transparent process for the allocation of national free to air (FTA) TV licences in Serbia and of a Development Strategy for radio and audiovisual media services.

On 15 April 2022, Serbia’s Regulatory Electronic Media (REM) opened a tendering call for four national TV licences, which were reduced from the five frequencies previously available. We believe that the current allocation process lacks transparency. Broadcast frequencies are a limited resource that should be managed by an independent regulatory authority, through open, transparent and participatory processes that ensure that the use of spectrum contributes to media pluralism and diversity.  

 

According to Article 23 of Serbia’s Law on Electronic Media, REM should determine the number of national frequencies needed in the country following a seven years Development Strategy Proposal for radio and audiovisual media services. Although a draft strategy plan was put up for a public debate in 2015, the consultations lacked transparency and did not seem to include all the relevant stakeholders in the discussion. Currently, the deadline for submitting applications to the tendering process is 20th June and the REM is due to publish its decision no later than 4th August.

 

The allocation of frequency spectrum across all frequency users should follow an open and participatory decision making process, as reflected by the Principles on Freedom of Expression and Broadcasting Regulation, based on international freedom of expression standards. This process should lead to the adoption of a transparent plan for broadcasting frequencies, in order to promote their optimal use as a means of ensuring diversity and must be overseen by a body that is protected against political and commercial interference. 

 

The MFRR previously highlighted concerns over the highly politicised composition of REM. According to the 2021 MFRR mission report to Serbia, the latest changes to REM’s members only produced superficial results aimed at improving its image in the eyes of international partners, while REM’s decisions seem to be often disregarded and rarely implemented. In its 2021 Serbia progress report, the EU also urged Serbia to strengthen REM’s independence “to enable it to efficiently safeguard media pluralism”. According to the national media strategy action plan, amendments of the media laws, including REM’s role, are planned to be enacted in 2022.

 

The MFRR together with NUNS urge the REM to ensure a fair and transparent tendering process of FTA TV licences in Serbia, which must comply with national legal requirements and international freedom of expression standards, and whose outcomes must ensure a diverse and plural broadcasting media landscape in the country. Alongside the EU’s recommendation, we also call on a comprehensive plan to strengthen the independence of REM in the upcoming reform to national media laws. The undersigned organisations will continue monitoring this process and the forthcoming measures.

Signed by:

  • ARTICLE 19 Europe 
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists
  • Independent Journalists’ Association of Serbia (NUNS)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)

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

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Launching Media Freedom Rapid Response III

Launching Media Freedom Rapid Response (MFRR) III

18 May 2022

 

(Leipzig, Germany) We are pleased to announce that the consortium running the Media Freedom Rapid Response (MFRR) – consisting of the European Centre for Press and Media Freedom (ECPMF), ARTICLE 19 Europe, European Federation of Journalists (EFJ), Free Press Unlimited (FPU), International Press Institute (IPI), and Osservatorio Balcani Caucaso Transeuropa (OBC Transeuropa) – has been granted a further €1.95 million in funding for 18 months from the European Commission to continue its work to defend and support press and media freedom throughout all EU member states, candidate countries, and Ukraine.

 

In 2020 and 2021, the consortium – which also included the Institute of Applied Informatics at the University of Leipzig (InfAI) for its first two years – established, designed, and delivered the MFRR in EU Member States and Candidate Countries. As of April 2022, the United Kingdom is no longer a part of the MFRR mandate due to Brexit. Beginning in May 2022, the MFRR region now also includes Ukraine. 

 

Following the announcement, the Coordinator of the MFRR, Gürkan Özturan, said: 

 

The significance of defending free expression and the right to access information has once again been reiterated in the past year, with organisations across Europe working tirelessly to monitor, report, support, and advocate for issues related to press and media freedom. In the next 18 months of the Media Freedom Rapid Response we will continue monitoring press and media freedom violations, offering practical and legal support for journalists and media workers, and advocating for free and pluralistic media in EU member states, candidate countries, and Ukraine.

 

The rapid response mechanism monitors, tracks, and responds to media freedom violations. Attacks on and threats to journalists, media workers, and outlets are observed and documented as alerts on the Mapping Media Freedom platform. Responding to these documented media freedom violations, the MFRR then offers legal support, practical support, and public advocacy.

 

The new project started on 04 May 2022. 

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Podcast: Engrained challenges for press freedom in Bulgaria

Podcast: Engrained challenges for press freedom in Bulgaria

New episode of ‘MFRR in Focus’ podcast series examines challenges facing independent journalism in one of the EU’s most corrupt countries.

Bulgaria has long been one of the EU countries with the most problematic landscape for press freedom. In this European country, journalists face corruption, legal threats, and smear campaigns on a monthly, weekly or even daily basis.

To explore these issues further, in this episode of MFRR in Focus host Anne ter Rele speaks with Bulgarian journalist Boryana Dzhambazova, a researcher and freelance journalist from Sofia, and Assen Yordanov, founder and director of Bivol.bg – an independent investigaitve news outlet whose journalists have faced waves of pressure because of their work.

Credits

Host and Producer: Anne ter Rele, IPI Advocacy Officer.

Editor: Jamie Wiseman, IPI Advocacy Officer.

Digital Producer: Alex Klint, IPI Contributor.

Also available on

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

IPI as part of MFRR