Petr Fiala and the centre-right SPOLU alliance won the Czech general election. Photo: Zbyněk Pecák/FORUM 24

Despite election defeat, Babiš’s influence over the media still…

Despite election defeat, Babiš’s influence over the media still matters (FORUM 24)

After Czech election result, political influence over the media remains a major problem

Johana Hovorková, editor-in-chief, FORUM 24

This piece is published in collaboration with FORUM 24 as part of a content series on threats to independent media in Central Europe. Read more

On October 8 and 9, the Czech Republic held elections to the Chamber of Deputies, the lower chamber of parliament. A coalition of the so-called traditional parties named SPOLU (United) clinched a narrow victory over the ANO movement of now former prime minister Andrej Babiš – but despite their victory effectively ousting the oligarch, the political contest was not and is not fair. Candidates face unequal conditions and this will continue to be the case in the municipal and presidential elections ahead.

The former prime minister Babiš, through his trust funds, owns media companies which control a third of the Czech market. His Agrofert corporation employs tens of thousands of people and places a considerable number of ads in the media it does not own. Thus, it is hardly to be expected that the media will dare to be critical of him.

The Czech Republic does have the Office for the Supervision of Political Parties and Political Movements, whose task is to monitor compliance with the 90 million CZK spending limit for campaigns. Unfortunately and despite repeated inquiries and warnings from journalists and democratic politicians, it does not consider the pieces in the media owned by Babiš´s publishing houses as campaign spending, even though they are often open PR or smear campaigns against his adversaries. In response to FORUM 24´s question, the office explained it considered them opinion pieces like any other.

In the same fashion, the public Czech TV and Czech Radio regularly invited—and they still do—editors from the Agrofert-owned Mafra publishing house to their shows to comment on politics and often on topics exclusively related to the prime minister, presenting them as “unbiased” commentators. This practice has not changed so far and the audience is not provided with information about whose interests these journalists represent.

You know how I am

The daily papers MF Dnes and Lidové noviny, also owned by Agrofert, published obsequious interviews with ministers from ANO before the elections. This opportunity was unavailable to any other representative of the opposition parties. Furthermore, Andrej Babiš owns a whole range of tabloid and lifestyle media.

These are excerpts from a tabloid weekly Rytmus života, which claims readership of 370 thousand per issue. One of the September issues boasted a double page piece about Babiš and his wife Monika with phrases like these:

“The kind face of Andre Babiš only changes when somebody fails to keep their word” and “What helps one act calmly is doing things in line with one´s conscience”.

This is the first question: “Why did you enter politics? What was your reason for it?” And this is the prime minister´s answer: “You know how I am. I am not indifferent to what is going around me and never have been…”

Babiš´s media also systematically suppressed scandals which involved the former prime minister. These included for example the poisoning of the Bečva river as a consequence of a chemical leak which had killed fish. An Investigation conducted by independent media points to the possibility the culprit was chemical producer DEZA from the Agrofert corporation. The papers owned by the corporation virtually failed to mention that.

These outlets also devoted little coverage to the facthat Andrej Babiš´s son returned to the Czech Republic, where he was able to give his testimony to the local police after many years. He claims to have been used in the so-called Čapí hnízdo scheme, for which his father is being prosecuted. The crux of the matter is a 50 million subsidy earmarked for small and midsized companies. Holding Agrofert got this money from the EU illegally and Babiš claimed that Čapí hnízdo is just a small company which has nothing to do with his imperium.

Given ANO´s dominant position over their junior cabinet partner ČSSD (Social Democrats), it was also impossible to ask members of the cabinet difficult questions. At the beginning of 2020, FORUM 24 was refused a permit to attend the press conferences held regularly at the Cabinet Office and this policy was not altered even during the covid 19 pandemic when they were held online and there were no grounds for limiting the number of attending journalists.

The inequality is further proven by FORUM 24´s findings based on the analysis of publicly available data from Datlab. The Mafra publishing house was awarded ad contracts worth 140 million CZK between 2018 and 2020. The list of advertisers includes ministries, regional government, but also state owned cultural institutions. None of the more critical media outlets received even a fraction of this amount despite the fact that their reach is not significantly lower and in some cases is even higher than that of the media selected for the campaigns, such as MF DNES and Lidové noviny papers.

The Czech media environment is severely skewed. Given the range of Andre Babiš´s business interests, virtually no industry or field remains unaffected. From food production, through urea production, underwear retail, running fertility treatment clinics to media. No other Czech citizen, let alone a politician, can compete with him in this. No other political party has unlimited resources for its campaign and no other politician employs journalists.

Exit strategy

The October elections have demonstrated that not even Andrej Babiš´s hegemony is all-powerful. The democratic parties successfully formed two coalition blocs to form a government. There will certainly be many things one can criticize this cabinet for, but the game will be played on a democratic playing field, something which was almost lost in previous years.

One of the things that helped the representatives of independent media and civil society in the previous term was international pressure. Two significant declarations of the EU Parliament were ratified, the EU Parliament conducted a fact-finding mission to the Czech Republic and international journalist institutions also expressed their concern over, among other things, the restrictions of cabinet press conference admissions. That is very important, because otherwise, there tends to be a widespread feeling that outside Poland and Hungary, no serious challenges to press freedom exist in the EU. But they do in Czechia.

Soon Czechs will be voting for a new president, who does not have the deciding power, but his or her role is important nonetheless since he or she can push the limits of the Constitution as demonstrated by Miloš Zeman. He refused to to appoint a minister on the proposal of the Prime Minister due to differing views although it is his duty.

Andrej Babiš has already started preparing for the election. Regardless of who will face him in the popular election, we know that just as in the parliamentary elections, the playing field will not be level. Babiš´s candidacy will be openly supported by a third of the media (the ones he owns) and at least another third will give him a lot of uncritical coverage because of Agrofert´s ads (this third includes for-profit TV Nova and TV Prima).

Is it possible to say the election is fair under such conditions? Will citizens be able to decide based on all the information which could and should be available to them? Hardly. It is necessary to keep drawing attention to this situation both in the Czech Republic itself and abroad.

This piece is part of a content series on threats to independent media in Central Europe in collaboration with leading independent media in the region. Read more.

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

Greece: Concern over criminal charges against investigative reporters

Greece: Concern over criminal charges against investigative reporters

The undersigned international media freedom and freedom of expression organisations today register their concern over the serious criminal charges levelled against two investigative journalists in Greece linked to their reporting on a major corruption scandal. Our organisations are following these two legal cases with utmost scrutiny given the obvious concerns they raise with regard to press freedom. Authorities must issue guarantees that the process is demonstrably independent and free of any political interference.

On January 19, Kostas Vaxevanis, a veteran investigative journalist and publisher of the newspaper Documento, testified at the Special High Court on four criminal charges of conspiracy to abuse power through his newspaper’s reporting on the Novartis pharmaceutical scandal. Under the penal code, Vaxevanis faces five years of imprisonment if found guilty, with a maximum sentence of 20 years. His newspaper has condemned the criminal charges as a politically motivated attack aimed at silencing a media critic which unveiled the scandal.

Ioanna Papadakou, a former investigative journalist and television host, is set to appear before a court on January 25 on separate but similar charges of being part of a criminal organisation which conspired to fabricate news stories about the Novartis case and the so-called “Lagarde list”, including the alleged extortion of a businessman through critical coverage. Papadakou has rejected the case as “blatant violation of the rule of law”. A Greek MEP from the ruling party and the Board of Directors of the Panhellenic Federation of Journalists’ Union (POESY – PFJU) have both expressed concern about the prosecution of the journalists. Neither journalist has yet been formally indicted.

The summons of Vaxevanis and Papadakou to testify are part of a wider parliamentary investigation into allegations of political conspiracy and abuse of power involving Greek judge and politician Dimitris Papagelopoulos, a former deputy minister in the previous Syriza government. Papagelopoulos is accused of falsely incriminating political opponents through the Novartis pharmaceutical scandal. The probe, launched by the current New Democracy government, has in turn faced accusations of politicisation.

Our organisations are closely following this case. The criminal charges against Kostas Vaxevanis and Ioanna Papadakou are extremely serious and carry heavy prison sentences. The nature of the charges, their connection to investigative reporting on corruption, and the potential imprisonment of two journalists in an EU Member State, raise legitimate concerns regarding press freedom and demand utmost scrutiny. Until commenting further, we await more detailed information from the Special Investigator about the specificities of the charges against both journalists.

What is absolutely clear is that judicial authorities examining this matter must act with full regard for press freedom standards and the function of investigative journalism in democratic societies. Moreover, given the politicisation of the wider affair, it is essential that guarantees are in place to ensure that judicial authorities act with complete independence in this case. We will continue to closely monitor both cases and have submitted alerts to Mapping Media Freedom (MMF) and the Council of Europe’s platform for the safety and protection of journalists.

In the coming weeks, the Media Freedom Rapid Response (MFRR) is due to publish the findings of our recent online press freedom mission to Greece. Our organisations are already increasingly concerned about the challenging climate facing independent journalism in the country, including vexatious lawsuits against journalists. Greece is firmly in the spotlight in terms of threats to media freedom. We sincerely hope these cases will not become a matter of major international concern.

Signed by:

  • European Federation of Journalists (EFJ) 
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • Index on Censorship
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)
  • The Daphne Caruana Galizia Foundation

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

Montenegro: Impunity must end for shooting of journalist Olivera…

Montenegro: Impunity must end for shooting of journalist Olivera Lakić

The undersigned partners of the Media Freedom Rapid Response (MFRR) today renew our call for an end to impunity for the shooting of investigative journalist Olivera Lakić in 2018 and hope the recent arrest of suspects will lead to all those involved ultimately facing justice.

Our organisations also welcome the recent cross party approval of amendments to the criminal code which will strengthen protections for journalists but stress the need for further reforms to create a safe and open environment for independent journalism.

Lakić, an investigative journalist covering organised crime and corruption for the daily Vijesti, was shot in the leg outside her apartment in Podgorica on 8 May 2018. She was wounded but survived after being treated in hospital. The attack was first classified as attempted murder but later changed to grievous bodily harm.

Prosecutors said the motive for the attack was Lakić’s investigations into local crime gangs and their links with regional criminal organisations. Although numerous suspects were arrested in the wake of the attack, more than three and a half years later no one has been brought to trial for the broad daylight shooting and Lakić remains under police protection.

On 17 December 2021, Montenegro’s High Court ordered the 30-day detention of Branislav Karadzic and police officer Darko Lalovic, who are suspected by the Special State Prosecutor’s Office of following Lakić before the attack and passing on information about her movements to the “Kavac” drug gang. Concerningly, the officer worked in the same department of the police that is responsible for providing security for Lakić. If proven, involvement of the officer would be devastating for trust in the police force.

While the recent arrests are a welcome development, no formal indictments have been brought against them or any of those suspected of involvement in the shooting. Overall, progress in prosecuting those behind the attack remains painfully slow. Multiple members of the drug gang, including the alleged gunman, have been formally identified as suspects. However, the case remains in the investigation phase. Due to the sensitivity of the case, the High Prosecutors Office (HPO) and the Special Prosecutors Office (SPO) are declining to disclose secret information to the Commission for Monitoring the Competences of Threats and Violence Against Journalists, meaning little information is publicly available.

Our organisations see Olivera Lakić’s case as a litmus test for both the independence of the judicial system and the stated aims of the new government to improve the climate for media freedom by tackling cases of ingrained impunity for attacks on journalists. The 2004 killing of the director and editor-in-chief of the daily newspaper Dan, Dusko Jovanovic, remains mired in impunity, casting a dark shadow over the country’s landscape for media freedom. As Deputy Prime Minister Dritan Abazovic rightly noted recently, no journalist in Montenegro can feel fully safe until that case is solved.

A legal system in which these kinds of serious physical attacks on media workers are punished with appropriate sanctions is crucial. It is uplifting therefore that on December 29 the Parliament of Montenegro unanimously voted to pass amendments to the criminal code which prescribe stronger criminal protection of journalists. We praise the dedicated efforts of Montenegrin journalists’ unions, NGOs and civil society organisations which developed the bill in cooperation with the Ministry of Justice. Under the new law, those convicted of causing grievous bodily harm to those engaged in the dissemination of public information – as in the case of Olivera Lakić – will face penalties of up to eight years in prison instead of the current five years, with stricter punishments for journalists’ killers.

The passing of this legislation marks a welcome step forward on media freedom for the government of Prime Minister Zdravko Krivokapić. To be fully effective, it must be accompanied by funding for capacity building for law enforcement authorities and strong implementation of the legislation by prosecutors. A complementary next step in the fight for justice for journalists would be hiring a foreign expert to investigate Dusko Jovanovic’s murder. Though such an appointment was approved by the former Commission for Investigation of Attacks on Journalists three years ago, no action has since been taken. We urge the current administration to reverse this situation and address other recommendations of the Commission.

While the recent legislative development is welcome, much remains to be done to improve the wider situation for media freedom and independent journalists in Montenegro. As well as the major cases of engrained impunity, the day-to-day safety of journalists and precarious working conditions remain an issue of concern. Verbal and physical attacks and threats against journalists and media workers remain common. The attacks on Vijesti Television journalist Sead Sadiković in March 2021, the death threats sent to Antena M editor-in-chief Darko Sukovic and columnist Dragan Bursać in May, and the intimidation of Milka Tadić Mijović in August all illustrate the type of threats journalists face for doing their jobs. Denunciation by officials of all attacks and intimidation of journalists remains vital.

Separately, but of equal importance, efforts to complete the reform of Radio Television of Montenegro (RTCG) from a state media to a public service media must be handled in a non-political manner and always with the goal of increasing its independence and professionalism. Management changes and the appointment in June 2021 of a new RTCG Council are recognised as having led to more pluralistic coverage. However, future proposals to adapt the public broadcaster’s funding model must be conducted in close consultation with journalists groups and relevant international media organizations. Legislation is required to ensure the independence of the media and the transparency of ownership. Meanwhile, the conviction and sentencing to one year in prison of investigative journalist Jovo Martinović remains a major issue of concern for our organisations.

Much remains to be done to dismantle the entrenched polarisation in Montenegro that poses continued challenges for the independence of public service broadcasters; the state’s response to crimes against journalists; and the fair allocation of state support to media via advertising. The new administration must oversee reforms which roll back the state capture of regulatory bodies and create an even playing field for the media to work free from interference and pressure. There are no quick fixes here and significant political will is required. Yet hope for progress remains amongst the country’s journalistic community. Our organisations stand ready to support the work of the Commission and the government of Montenegro in achieving these goals.

Signed by:

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

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

Prominent Bulgarian investigative journalist Atanas Tchobanov

Bulgaria: Serious threat against investigative journalist Atanas Tchobanov

Bulgaria: Serious threat against investigative journalist Atanas Tchobanov

New government must prioritize journalist safety and media freedom. The IPI global network today expresses serious concern over the warning received by one of Bulgaria’s most prominent investigative journalists, Atanas Tchobanov, about an immediate threat to his life. IPI urges Bulgarian authorities to thoroughly investigate the threat, take all necessary measures to protect his safety and ensure those responsible are swiftly identified.

On 7 January 2021, Tchobanov, co-founder of the Bulgarian investigative website Bivol and director of the Bureau of Investigative Reporting and Data (BIRD), received a phone call from an official at a foreign embassy under a “duty to inform” procedure, who warned him about information the official had received concerning a credible and immediate threat to Tchobanov’s physical safety.

Tchobanov, a well-known journalist who is based in Paris, was told the threat came from within Bulgarian territory but did not receive specific information about the nature of the danger he was in or who was responsible. The tip off came one day after he made phone calls to figures named in a major investigative story he was working on at the time.

The journalist believes the threat was related to a story he published on January 9 – “Lobbyist Tony Podesta serves businesses related to Peevski” – which revealed lobbying deals struck between influential U.S. Democratic Party lobbyist Anthony Podesta and Bulgarian companies whose owners are linked to the interests of Bulgarian oligarch and political Delyan Peevski, who is sanctioned under the U.S. Magnitsky Act.

As part of his investigation with colleague Dimitar Stoyanov, Tchobanov contacted figures working with Podesta in Bulgaria seeking comment. The very next day, he received the information about the threat. Speaking to media, Tchobanov said he believed the threat was directed from certain figures within the National Assembly.

On January 10, the journalist filed a statement with French police. Over the weekend he also reported the threat to Bulgarian authorities. Tchobanov was contacted by the state prosecutor’s office to provide information about his allegations. However, he declined, citing concerns about links of those within the prosecutor’s office to those he suspects were behind the threat.

On Monday, the Bulgarian Ministry of Interior, the General Directorate for Combating Organized Crime, the General Directorate of the National Police, the Sofia Directorate of the Interior, the State Intelligence Agency (SANS), and the Military Intelligence Service were informed about the threat by the prosecutor’s office. However, Bulgarian authorities have not commented publicly on the issue.

“Atanas Tchobanov is one of the finest investigative journalists in Bulgaria and has worked on numerous global investigative projects”, IPI Deputy Director Scott Griffen said. “This warning about a threat to life is extremely concerning, as it would not have been made unless there were serious immediate risks to his safety. This underscores both the major risks journalists probing crime and corruption routinely face in Bulgaria and the importance of duty-to-inform directives: vital instruments which should be deployed by more countries to help protect journalists.

Griffen added: “Bulgarian state authorities should make an immediate public statement to confirm an investigation has been opened to verify the threat and identify its source. All necessary measures should also be taken to ensure that the safety of both Atanas Tchobanov and his colleague in Bulgaria is guaranteed and that those behind the threat are identified and brought to justice.

“As the new government assumes power in Bulgaria, IPI also urges the administration to prioritize improvement of media freedoms. A key element will be strengthening investigations into serious threats and attacks on journalists, which remain frequent, with unacceptable levels of impunity. Police accountability for violence against media workers has been virtually non-existent; legal harassment of outlets investigating the activities of powerful institutions is common; and journalists face restrictions on speaking with politicians and accessing information.

“Improvement of this situation will require significant political will from the government, public officials, prosecutors, and law enforcement authorities, as well as a broader recognition by Bulgarian authorities of the fundamental role that independent journalism plays in society. To address these challenges, IPI urges the government to commission an immediate independent review to examine the current state of media freedom in the country and to identify key challenges.”

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

Photo in header: ANP / Hollandse Hoogte / GinoPress

Netherlands: International media freedom mission on the safety of…

Netherlands: International media freedom mission on the safety of Dutch journalists

As part of the Media Freedom Rapid Response (MFRR), Free Press Unlimited and the European Center for Press and Media Freedom (ECPMF) are organising an international media freedom mission to the Netherlands. With the mission the consortium members want to map the decreasing security of journalists in the Netherlands. We want to contrast this with the fact that with the establishment of PersVeilig (Press Safe) at the end of 2019 there is a strong security mechanism for journalists. The mission will be held at the beginning of 2022.

With attacks on journalists increasing, the public broadcaster NOS removing its logos from vans to protect its employees, and Peter R. de Vries being murdered in broad daylight, the state of press and media freedom in the Netherlands is receiving more and more international attention. That is why we are organizing an international mission on the safety of journalists in the Netherlands in close consultation with the Dutch Association of Journalists (NVJ). As part of the mission, we enter into discussions with journalists and editors-in-chief, policymakers, the police and the Public Prosecution Service, experts, and Members of Parliament. The end result will be a comprehensive report on the safety of journalists in the Netherlands that will be presented in an international press conference as the conclusion of the mission.

Safety of journalists in the Netherlands

The mission will address the issue of the safety of journalists in the Netherlands, focusing on the threats posed by organized crime, as well as increasing hostility to the members of press and media outlets by protesters and civilians. According to the NVJ, 82% of Dutch journalists have experienced aggression or intimidation in 2020. This is an increase of 20% compared to 2017. In 2017, 79% believed that threats to journalists pose a threat to press freedom. In 2021 this has increased to 93%. The increasing trends raise questions when it comes to the high ranking of the Netherlands on the Press Freedom Index and the internationally acclaimed PersVeilig (Press Safe) Mechanism. In addition, the mission will examine what prevention mechanisms currently exist, and what the Dutch authorities can do to prevent intimidation and violence against journalists.

MFRR Missions

The MFRR monitors violations of press and media freedom in the EU Member States and Candidate Countries and responds with practical and legal support and advocacy. Since the project’s start in March 2020, a number of similar missions have been organized to Greece, Montenegro, Poland, Serbia, Spain and Slovenia.

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

Delyan Peevski Bulgaria

Bulgaria: Magnitsky sanctions against mogul Delyan Peevski shift media…

Bulgaria: Magnitsky sanctions against mogul Delyan Peevski shift media landscape

By IPI contributor Rossen Bossev

In the past six months, Bulgaria, considered the poorest and most corrupt country in the European Union, has undergone a serious change. After nearly 12 years of almost uninterrupted rule, prime minister Boyko Borissov left power. Following six months of political deadlock a four-party coalition appointed Kiril Petkov as Prime Minister. Parallel to the change of political power, however, there was another, no less significant change – in the media sector.

Last autumn Bulgaria was shaken by a wave of anti-corruption protests demanding the resignation of the center-right government of then Prime Minister Borissov and prosecutor general Ivan Geshev. Back then, the editorial policy of Telegraph and Monitor, two of the most popular daily newspapers in Bulgaria, suddenly changed. For years, the front pages of both publications, owned by then lawmaker and media oligarch Delyan Peevski, had run headlines targeting every independent voice against Peevski, Borissov and Geshev.

Judges, journalists, publishers, protesters, NGO activists, human rights defenders, EU diplomats, and opposition leaders were portrayed as members of a conspiratorial network undermining the country’s national interests. To illustrate this conspiracy, the two media outlets frequently resorted to the rhetoric of Hungarian Prime Minister Victor Orbán and the Kremlin, often packaging anyone who raised their voice against the status quo as “sorosoids”, enemies of the state or anti-Bulgarians.

But one year or so ago, those kinds of stories disappeared from both newspapers. Monitor and Telegraph continued to be supportive of Borissov’s government and the other powerful institution in Bulgaria – the state prosecution – but stopped attacking their opponents. In the following weeks, the archive of Monitor was suddenly purged of dozens of articles – either those praising Peevski or attacking his opponents.

This major shift in editorial policy was a clear indication that the Bulgarian media landscape was changing. In January 2021, United Group, the new owner of Nova TV, one of the three largest national TV channels, announced that it had agreed to buy Peevski’s newspapers – Telegraf, Monitor, Match Telegraf, Politika, Europost, Borba.

However, Peevski’s attempt to shrug off the image of a media mogul by simply selling the media he directly owned did not prove successful. On June 2, the US Department of Treasury announced sanctions against Peevski under the Global Magnitsky Act, which imposes economic sanctions and entry bans for acts of significant corruption or gross violations of human rights. Those targeted by sanctions, and the companies they own, face extreme difficulties in using even the most ordinary banking services.

Suddenly, the country’s media baron, who owned the most popular daily newspapers and claimed to control a huge part of the remaining media landscape, had begun unloading media assets and withdrawing from the newspaper market.

The rise of a media oligarch

For years, Peevski has been the most prominent example of the constantly degrading media freedom in Bulgaria. At 41, Peevski is ironically called the “wunderkind” of Bulgarian politics. Since 2001, he has been an MP, an investigative-magistrate and deputy minister of emergency situations. In 2007, his mother, the former chief of the national lottery, bought the newspapers Telegraph, Monitor, and the weekly Politika. In 2013, his appointment as director of the State Security Service provoked mass protests and he was forced to resign the very next day.

Until 2016, while holding a public office for 15 years, Peevski’s asset disclosure declaration listed just a few real estate properties and an old car. In 2016, though, the same year his mother donated him the media business, and he officially declared that he owned companies, some of them registered in Dubai. As of that moment, Peevski started declaring millions of euros as income from these companies. However, it remains unclear what exactly the business of his companies was and where their income came from during those years.

The Pandora Papers investigation revealed that Peevski controlled offshore companies that he did not disclose in his declarations, raising suspicions that his biggest investments remain secret. However, media investigations have linked Peevski to the ownership of Bulgartabac, a cigarette manufacturer sold in 2017 to British American Tobacco, as well as to construction companies that had won public tenders commissioned by the state. He is also linked to the ownership of “Sofia Print Investment” – a private printing house where approximately 90% of daily newspapers are printed.

Peevski’s name was also associated with the ownership of “Kanal 3”, a marginal private television channel, whose editorial policy often repeated verbatim the articles in Telegraph and Monitor. When another oligarch close to Borissov, Kiril Domuschiev, bought Nova TV in 2019, several key Kanal 3 journalists and managers were hired by Nova. In 2020, Kanal 3, as well as two other small music channels and three radio stations, were sold by Nova just before the deal with United Group.

Coverage and influence buying

It is believed that Peevski’s influence in the media sector goes far beyond direct ownership. Most likely the main reason for this is that for years Peevski has built the image of a power broker with strong connections within the judiciary, law enforcement, state regulators, and the executive.

For years, the editorial policy of his newspapers was replicated by national TV channels, websites, and other print outlets. Mainstream media abstained from even mentioning his name, as did official institutions. When Magnitsky Act sanctions were announced on June 2 this year, the news quickly made front-page headlines. However, in the evening news broadcast of Bulgarian National Television, no information was given on why Peevski had been sanctioned.

According to journalistic investigations, the businesses controlled by Peevski are much more than those he officially owns. This would enable him to channel financial resources to the media in an opaque way. In 2016, for example, court records revealed that Bulgartabac’s advertising agency had paid hundreds of thousands of euros for advertising to a website close to Peevski, without it having published any ads at all.

The close relationship that Peevski developed with the government during Borissov’s rule also gave him a strong role in the executive branch. In July 2020, in an attempt to ease the tension around the looming protests, Borissov dismissed three ministers over accusations of being linked to Peevski.

Controlling the executive means more control of the media. EU funds and advertising contracts with the national government or local authorities are an important source of revenue for Bulgarian media which could also be used as leverage to control editorial policy. For the past four years, €5 million was distributed by the government to the media to promote programs, funded by the EU. Appointments to the media regulator, which selects the management of the public Bulgarian National Radio and Bulgarian National Television, is also a way to control these outlets’ editorial policies.

Similar to the influence in the media, the influence that Peevski has in the judiciary, the executive, and the security services is hidden and much greater than the role of an MP who almost never set foot in Parliament till this year. In 2019, a judge revealed publicly what the informal procedure was to be appointed as head of a court at the lowest level of the hierarchy: he had to personally meet in a restaurant in the capital and be approved by Peevski. The meeting was brokered by the president of the Supreme Administrative Court.

According to the press release of the Treasury Department, the sanctions were imposed because he “negotiated with politicians to provide them with political support and positive media coverage in return for receiving protection from criminal investigations.” Such quid pro quo, of course, would not have been possible if Peevski did not control certain publications (much broader than the newspapers he officially owned), the security services, and the prosecution.

After the announcement of the sanctions under the Magnitsky Act, the Bulgarian prosecutor’s office announced it was launching a probe, reminding that Peevski had been investigated by the authorities many times before without finding any wrongdoings. The caretaker government adopted a list that expanded the circle of individuals linked to Peevski and the others sanctioned and effectively banned the state from having relations with them.

Media freedom continuing to deteriorate

There are two persistent but sadly true clichés about Bulgaria, namely that it is the poorest and most corrupt country in the European Union. Bulgaria also has the worst media freedom in the European Union, according to the World Press Freedom Index.

It does not take a rocket scientist to see that these three rankings are directly related. The lack of media freedom allows abuse of power and corruption to thrive. A dysfunctional judiciary makes even the few independent publications an easy target for politicians with consistent disregard for press freedom.

Paradoxically, the sale of Peevski’s newspapers to the United group, the only direct effect of the sanctions on the media landscape in Bulgaria, came before they were even imposed: the newspapers ceased the smear campaigns against Peevski’s opponents. However, this will hardly be enough to eradicate the problems of the media environment in the country.

While the sanctions imposed on the media mogul by the US authorities exposed his use of media ownership to yield political influence, they have done little to fix the toxic media environment in Bulgaria. They will not make the government distribute EU funds in a fair and balanced way. They will not guarantee the security of regional and investigative journalists. Nor will they stop the police from beating up reporters.

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.

MFRR 3 consortium logos
Delyan Peevski, a Bulgarian politician, oligarch, entrepreneur and media mogul. Sofia, Bulgaria. 2019.Credit: Shutterstock

Bulgaria: Magnitsky sanctions against mogul Delyan Peevski shift media…

Bulgaria: Magnitsky sanctions against mogul Delyan Peevski shift media landscape

Ray of hope for change after oligarch offloads media assets following U.S sanctions

By IPI contributor Rossen Bossev

In the past six months, Bulgaria, considered the poorest and most corrupt country in the European Union, has undergone a serious change. After nearly 12 years of almost uninterrupted rule, prime minister Boyko Borissov left power. Following six months of political deadlock a four-party coalition appointed Kiril Petkov as Prime Minister. Parallel to the change of political power, however, there was another, no less significant change – in the media sector.

Last autumn Bulgaria was shaken by a wave of anti-corruption protests demanding the resignation of the center-right government of then Prime Minister Borissov and prosecutor general Ivan Geshev. Back then, the editorial policy of Telegraph and Monitor, two of the most popular daily newspapers in Bulgaria, suddenly changed. For years, the front pages of both publications, owned by then lawmaker and media oligarch Delyan Peevski, had run headlines targeting every independent voice against Peevski, Borissov and Geshev.

Judges, journalists, publishers, protesters, NGO activists, human rights defenders, EU diplomats, and opposition leaders were portrayed as members of a conspiratorial network undermining the country’s national interests. To illustrate this conspiracy, the two media outlets frequently resorted to the rhetoric of Hungarian Prime Minister Victor Orbán and the Kremlin, often packaging anyone who raised their voice against the status quo as “sorosoids”, enemies of the state or anti-Bulgarians.

But one year or so ago, those kinds of stories disappeared from both newspapers. Monitor and Telegraph continued to be supportive of Borissov’s government and the other powerful institution in Bulgaria – the state prosecution – but stopped attacking their opponents. In the following weeks, the archive of Monitor was suddenly purged of dozens of articles – either those praising Peevski or attacking his opponents.

This major shift in editorial policy was a clear indication that the Bulgarian media landscape was changing. In January 2021, United Group, the new owner of Nova TV, one of the three largest national TV channels, announced that it had agreed to buy Peevski’s newspapers – Telegraf, Monitor, Match Telegraf, Politika, Europost, Borba.

However, Peevski’s attempt to shrug off the image of a media mogul by simply selling the media he directly owned did not prove successful. On June 2, the US Department of  Treasury announced sanctions against Peevski under the Global Magnitsky Act, which imposes economic sanctions and entry bans for acts of significant corruption or gross violations of human rights. Those targeted by sanctions, and the companies they own, face extreme difficulties in using even the most ordinary banking services.

Suddenly, the country’s media baron, who owned the most popular daily newspapers and claimed to control a huge part of the remaining media landscape, had begun unloading media assets and withdrawing from the newspaper market.

The rise of a media oligarch

For years, Peevski has been the most prominent example of the constantly degrading media freedom in Bulgaria. At 41, Peevski is ironically called the “wunderkind” of Bulgarian politics. Since 2001, he has been an MP, an investigative-magistrate and deputy minister of emergency situations. In 2007, his mother, the former chief of the national lottery, bought the newspapers Telegraph, Monitor, and the weekly Politika. In 2013, his appointment as director of the State Security Service provoked mass protests and he was forced to resign the very next day.

Until 2016, while holding a public office for 15 years, Peevski’s asset disclosure declaration listed just a few real estate properties and an old car.  In 2016, though, the same year his mother donated him the media business, and he officially declared that he owned companies, some of them registered in Dubai. As of that moment, Peevski started declaring millions of euros as income from these companies. However, it remains unclear what exactly the business of his companies was and where their income came from during those years.

The Pandora Papers investigation revealed that Peevski controlled offshore companies that he did not disclose in his declarations, raising suspicions that his biggest investments remain secret. However, media investigations have linked Peevski to the ownership of Bulgartabac, a cigarette manufacturer sold in 2017 to British American Tobacco, as well as to construction companies that had won public tenders commissioned by the state. He is also linked to the ownership of “Sofia Print Investment” – a private printing house where approximately 90% of daily newspapers are printed.

Peevski’s name was also associated with the ownership of “Kanal 3”, a marginal private television channel, whose editorial policy often repeated verbatim the articles in Telegraph and Monitor. When another oligarch close to Borissov, Kiril Domuschiev, bought Nova TV in 2019, several key Kanal 3 journalists and managers were hired by Nova. In 2020, Kanal 3, as well as two other small music channels and three radio stations, were sold by Nova just before the deal with United Group.

Coverage and influence buying

It is believed that Peevski’s influence in the media sector goes far beyond direct ownership. Most likely the main reason for this is that for years Peevski has built the image of a power broker with strong connections within the judiciary, law enforcement, state regulators, and the executive.

For years, the editorial policy of his newspapers was replicated by national TV channels, websites, and other print outlets. Mainstream media abstained from even mentioning his name, as did official institutions. When Magnitsky Act sanctions were announced on June 2 this year, the news quickly made front-page headlines. However, in the evening news broadcast of Bulgarian National Television, no information was given on why Peevski had been sanctioned.

According to journalistic investigations, the businesses controlled by Peevski are much more than those he officially owns. This would enable him to channel financial resources to the media in an opaque way.  In 2016, for example, court records revealed that Bulgartabac’s advertising agency had paid hundreds of thousands of euros for advertising to a website close to Peevski, without it having published any ads at all.

The close relationship that Peevski developed with the government during Borissov’s rule also gave him a strong role in the executive branch. In July 2020, in an attempt to ease the tension around the looming protests, Borissov dismissed three ministers over accusations of being linked to Peevski.

Controlling the executive means more control of the media. EU funds and advertising contracts with the national government or local authorities are an important source of revenue for Bulgarian media which could also be used as leverage to control editorial policy. For the past four years, €5 million was distributed by the government to the media to promote programs, funded by the EU. Appointments to the media regulator, which selects the management of the public Bulgarian National Radio and Bulgarian National Television, is also a way to control these outlets’ editorial policies.

Similar to the influence in the media, the influence that Peevski has in the judiciary, the executive, and the security services is hidden and much greater than the role of an MP who almost never set foot in Parliament till this year. In 2019, a judge revealed publicly what the informal procedure was to be appointed as head of a court at the lowest level of the hierarchy: he had to personally meet in a restaurant in the capital and be approved by Peevski. The meeting was brokered by the president of the Supreme Administrative Court.

According to the press release of the Treasury Department, the sanctions were imposed because he “negotiated with politicians to provide them with political support and positive media coverage in return for receiving protection from criminal investigations.” Such quid pro quo, of course, would not have been possible if Peevski did not control certain publications (much broader than the newspapers he officially owned), the security services, and the prosecution.

After the announcement of the sanctions under the Magnitsky Act, the Bulgarian prosecutor’s office announced it was launching a probe, reminding that Peevski had been investigated by the authorities many times before without finding any wrongdoings. The caretaker government adopted a list that expanded the circle of individuals linked to Peevski and the others sanctioned and effectively banned the state from having relations with them.

Media freedom continuing to deteriorate

There are two persistent but sadly true clichés about Bulgaria, namely that it is the poorest and most corrupt country in the European Union. Bulgaria also has the worst media freedom in the European Union, according to the World Press Freedom Index.

It does not take a rocket scientist to see that these three rankings are directly related. The lack of media freedom allows abuse of power and corruption to thrive. A dysfunctional judiciary makes even the few independent publications an easy target for politicians with consistent disregard for press freedom.

Paradoxically, the sale of Peevski’s newspapers to the United group, the only direct effect of the sanctions on the media landscape in Bulgaria, came before they were even imposed: the newspapers ceased the smear campaigns against Peevski’s opponents. However, this will hardly be enough to eradicate the problems of the media environment in the country.

While the sanctions imposed on the media mogul by the US authorities exposed his use of media ownership to yield political influence, they have done little to fix the toxic media environment in Bulgaria. They will not make the government distribute EU funds in a fair and balanced way. They will not guarantee the security of regional and investigative journalists. Nor will they stop the police from beating up reporters.

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 or MFRR. This reporting series is supported by funding from the Friedrich Naumann Foundation for Freedom and by the European Commission (DG Connect) as part of the Media Freedom Rapid Response, a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

IPI as part of MFRR
LEX TVN

Poland: Media freedom groups urge President Duda to veto…

Poland: Media freedom groups urge President Duda to veto ‘Lex-TVN’

The undersigned international media freedom and journalists groups are writing to urge you to apply a presidential veto to the so-called “Lex-TVN” amendment passed by the Sejm on December 17, which we believe poses a fundamental threat to media freedom and pluralism in Poland. This bill represents a direct attack on the independence of the country’s biggest private broadcaster, U.S-owned TVN, and its news channel TVN24.

Dear Andrzej Duda, President of the Republic of Poland,

 

The undersigned international media freedom and journalists groups are writing to urge you to apply a presidential veto to the so-called “Lex-TVN” amendment passed by the Sejm on December 17, which we believe poses a fundamental threat to media freedom and pluralism in Poland. This bill represents a direct attack on the independence of the country’s biggest private broadcaster, U.S-owned TVN, and its news channel TVN24.

Rather than a sincere effort to protect Poland against hostile foreign media takeovers, our organisations are convinced that this media ownership law has always been about one goal: slicing through TVN’s ownership structure and forcing Discovery to sell a controlling 51% stake, opening the door for government-allied entities to potentially acquire stakes and ultimately engineer a shift in editorial position to one more favourable to the ruling party. Far from a secret, the Law and Justice (PiS) MP responsible for drafting the amendment, Marek Suski, has publicly stated the true intention of the law: obtaining greater influence over TVN’s programming.

Such a clear effort to enact media legislation that pushes out foreign owners is reminiscent of well-documented tactics used by governments in Hungary and Russia to bring independent channels under control via government-friendly entities. While laws restricting foreign media ownership do exist in EU member states, this bill is not a principled and proportionate effort to protect the Polish information landscape. Rather, it is clearly aimed at undermining one particular outlet and is part of a wider effort to “repolonise” the media. As you have previously outlined, any changes to media ownership must be conducted under market principles rather than via heavy-handed government intervention. Lex-TVN represents a clear and politically-motivated effort to strong-arm such changes through legislation and must therefore be opposed.

In addition to undermining fundamental democratic values, the proposed amendment to article 35 of the Broadcasting Act also raises legitimate doubts about its compliance with EU law and will almost certainly lead to a legal challenge from the European Commission. As the Senate has already identified, it is also inconsistent with the Polish Constitution. It also breaches the U.S-Poland Bilateral Investment Treaty, simultaneously undermining Poland’s reputation as a welcome climate for foreign investment and uprooting relations between Poland and its closest ally. That the bill was unexpectedly approved by the Sejm just before the parliamentary break, without prior announcement, and in violation of rules on adequate debate, is also deeply problematic.

The stakes of this decision for media freedom, democracy and the rule of law in Poland are high. Ultimately, your decision about this bill should not be about whether one agrees or disagrees with TVN’s coverage. It should be about the principle of media pluralism and the ability of citizens to access information from a variety of news sources. It should also be about the fundamental right of the media to fulfil its watchdog role and scrutinise those in power. And it should be about ensuring fair market conditions in a media sector free from government interference.

After the Sejm passed the initial bill in August 2021, you outlined your concerns over the law’s detrimental effect on freedom of speech and diplomatic relations. Despite being firmly rejected by the Senate, the bill awaiting your decision remains unchanged in both its form and its ultimate purpose. We therefore urge you to remain true to your word and use your veto power to outright reject this law and safeguard the freedom of the press in Poland.

Signed by:

  • Archiwum Osiatyńskiego / The Wiktor Osiatyński Archive
  • ARTICLE 19
  • Association of European Journalists (AEJ)
  • Civic Network Watchdog Poland (Sieć Obywatelska Watchdog Polska)
  • Coalition for Women in Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Helsinki Foundation for Human Rights (Warsaw, Poland)
  • IFEX
  • International Federation of Journalists (IFJ)
  • International Press Institute (IPI)
  • Free Press Unlimited (FPU)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)
  • Public Media Alliance (PMA)
  • Society of Journalists, Warsaw
  • South East Europe Media Organisation (SEEMO)
  • The Daphne Caruana Galizia Foundation

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

Organizacje na rzecz wolności mediów apelują do Prezydenta Andrzeja Dudy o zawetowanie ustawy Lex TVN

Szanowny Panie Prezydencie Andrzeju Dudo,

 

My, niżej podpisane międzynarodowe organizacje działające na rzecz wolności mediów i dziennikarzy piszą, zwracamy się do Pana Prezydenta z apelem o zastosowanie prezydenckiego weta wobec nowelizacji ustawy medialnej znanej powszechnie jako „lex TVN”, przyjętej przez Sejm 17 grudnia 2021. Naszym zdaniem tworzy ona fundamentalne zagrożenie dla wolności i pluralizmu mediów w Polsce. Ustawa w obecnym kształcie stanowi bezpośredni atak na niezależność TVN największego, należącego do USA prywatnego nadawcy w kraju, i jego kanału informacyjnego TVN24.

 

Nasze organizacje są przekonane, że zmianie ustawy medialnej przyświeca cel zgoła inny niż szczera ochrona polskiego rynku przed wrogimi przejęciami mediów zagranicznych. Mianowicie chodzi o wpłynięcie na strukturę własnościową TVN i wymuszenie na Discovery sprzedaży kontrolnego pakietu 51% udziałów. To stworzyłoby warunki do potencjalnego przejęcia udziałów przez podmioty sprzymierzone z rządem, co w efekcie mogłoby wpłynąć na linię redakcyjną, tak aby była bardziej przychylna władzy. Sam Marek Suski, poseł PiS odpowiedzialny za przygotowanie nowelizacji, w publicznych wypowiedziach nie ukrywał prawdziwej intencji stojącej za zmianą ustawy jaką jest właśnie uzyskanie większego wpływu na przekaz programowy TVN. 

 

Strategia wprowadzania w życie przepisów medialnych, które wypychają z rynku zagranicznych właścicieli, przypomina dobrze znaną taktykę stosowaną przez władze na Węgrzech i w Rosji. Chodzi o kontrolę niezależnych kanałów za pośrednictwem podmiotów przyjaznych rządowi. Chociaż w państwach członkowskich UE istnieją przepisy ograniczające własność mediów zagranicznych, proponowana przez PiS nowelizacja ustawy medialnej nie spełnia warunków do traktowania jej w kategorii proporcjonalnego środka służącego ochronie krajobrazu medialnego w Polsce. Wręcz przeciwnie – ma wyraźnie na celu osłabienie jednego konkretnego podmiotu i wpisuje się w szerszy plan dążenia do tzw. „repolonizacji” mediów w kraju. Wszelkie zmiany dotyczące własności mediów muszą być przeprowadzane na zasadach rynkowych, a nie poprzez arbitralną interwencję rządu. Lex-TVN jest wyraźnym i umotywowanym politycznie działaniem na rzecz usankcjonowania takich zmian w ustawodawstwie czemu należy się przeciwstawić.

 

Proponowana zmiana art. 35 ustawy o radiofonii i telewizji oprócz podważenia podstawowych wartości demokratycznych budzi również uzasadnione wątpliwości co do jej zgodności z prawem UE i istnieje wysokie prawdopodobieństwo, że zostanie zaskarżona przez Komisję Europejską. Jak już wskazał Senat, jest ona również niezgodna z Konstytucją RP. Ponadto narusza również polsko-amerykański dwustronny traktat inwestycyjny, jednocześnie podważając reputację Polski jako przyjaznego klimatu dla inwestycji zagranicznych i zrywając stosunki między Polską a jej najbliższym sojusznikiem. Głęboko problematyczne jest również to, że ustawa została niespodziewanie uchwalona przez Sejm tuż przed przerwą parlamentarną, bez uprzedniej zapowiedzi i z naruszeniem zasad jakimi powinna cechować się debata sejmowa. 

 

Pańska decyzja dotycząca nowelizacji ustawy medialnej ma ogromne znaczenie zarówno dla wolności mediów, jak i demokracji i rządów prawa w Polsce. Dlatego też niezwykle istotnym jest, aby nie była ona podyktowana osobistym stosunkiem do przekazu jaki reprezentuje TVN i tym, czy zgadza się Pan z treściami tam przedstawionymi. Decyzja powinna być podjęta w duchu zasady pluralizmu mediów i możliwości dostępu obywateli do informacji z różnych źródeł wiadomości. W podjęciu tak ważnej decyzji priorytetem powinno być zabezpieczenie fundamentalnego prawa mediów do pełnienia swojej roli strażnika i kontrolowania rządzących. I wreszcie – decyzja musi być w zgodzie z zasadą zapewnieniem uczciwych warunków rynkowych w sektorze medialnym, wolnym od ingerencji rządu.

 

Już po uchwaleniu przez Sejm wstępnej ustawy w sierpniu 2021 roku  wyraził Pan Panie Prezydencie swoje obawy dotyczące szkodliwego wpływu ustawy na wolność słowa i stosunki dyplomatyczne. Pomimo zdecydowanego odrzucenia projektu przez Senat, projekt, który obecnie oczekuje na Pańską decyzję pozostaje niezmieniony zarówno w swojej formie, jak i jeżeli chodzi o cel, któremu przyświeca. Biorąc pod uwagę wszystkie omówione przez nas zagrożenia i obawy, zwracamy się do Pana Panie prezydencie z apelem, by dotrzymał Pan słowa, wykorzystał swoje prawo weta by odrzucić proponowane zmiany i tym samym jasno opowiedział się po stronie wolności mediów w Polsce.

Signed by:

  • Archiwum Osiatyńskiego / The Wiktor Osiatyński Archive
  • ARTICLE 19
  • Association of European Journalists (AEJ)
  • Civic Network Watchdog Poland (Sieć Obywatelska Watchdog Polska)
  • Coalition for Women in Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Helsinki Foundation for Human Rights (Warsaw, Poland)
  • IFEX
  • International Federation of Journalists (IFJ)
  • International Press Institute (IPI)
  • Free Press Unlimited (FPU)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)
  • Public Media Alliance (PMA)
  • Society of Journalists, Warsaw
  • South East Europe Media Organisation (SEEMO)
  • The Daphne Caruana Galizia Foundation

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

The team of journalists at KRIK. Credit: Oliver Bunic (NIN)

Serbia: Wave of lawsuits against investigative portal KRIK chills…

Serbia: Wave of lawsuits against investigative portal KRIK chills media freedom

We, the undersigned partners of the Media Freedom Rapid Response (MFRR), express our concerns over the recent wave of vexatious lawsuits against the investigative portal Network for Investigation of Crime and Corruption (KRIK) in Serbia. We believe that these lawsuits are a form of strategic lawsuit against public participation (SLAPPs) that aim to stifle scrutiny and critical issues of public importance and demand urgent action from the Government and judiciary to impartially and swiftly address the growing phenomenon of SLAPPs in the country.

In recent months, KRIK’s newsroom has been targeted by ten different procedures filed, in most cases, by people in power or businesspeople close to the government, requesting a total of 90 million dinars in damages – three times more than the media outlet’s annual budget. These include seven lawsuits under the Media Law for reputational or financial damages and one lawsuit before the Commercial Court of Serbia for unfair competition and reputation damage. Additionally, one criminal complaint was filed under the Criminal Code for illegal use of data (which would bring prison sentence for journalists), and one misdemeanour procedure was started for failure from KRIK to pay an environmental tax within a set deadline.    

We believe that these cases are a form of SLAPPs, which are initiated not necessarily to win cases, but to drag KRIK through lengthy legal processes and ultimately prevent them from exercising the fundamental right to freedom of expression and press and media freedom. These lawsuits’ ultimate goal is to silence critical reporting and distract them from their core journalistic work of exposing corruption and probing the nexus between politics and organised crime as well as to drain KRIK financially and psychologically.

We are also concerned about the pattern of attacks on KRIK. We are aware that KRIK and their journalists have previously been targeted by lawsuits that would be described as SLAPPs and are very often victims of threats and insults. Lately the houses of three KRIK staff were broken into; all three cases are currently still in pre-investigative procedure. Early in December, KRIK’s staff received death threats on social media. Bojana Jovanovic, deputy editor of the KRIK believes these threats were related to the story they published about the son of the Serbian President, Danilo Vucic. 

We urge the Serbian judiciary to deal with cases promptly and impartially and consider international freedom of expression standards in their deliberations. In order to prevent similar attacks in the future, we also call on the Serbian Government to adopt a comprehensive strategy to address SLAPPs against journalists, as part of its efforts to the protection, safety and security of journalists. This should include a full review of key defamation provisions and align them with international freedom of expression standards and procedural safeguards to allow for early dismissal of SLAPP cases. 

The full scale of required reforms is further outlined in the report by ARTICLE 19, the ABA Center for Human Rights and NUNS (forthcoming in January 2022). We stand ready to provide further support to the Government in this process, along with key recommendations to the Government of Serbia to address abusive litigation against journalists and the media.

Signed by:

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

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

Peter R. De Vries

Killing of Peter R. de Vries highlights press freedom…

Killing of Peter R. de Vries highlights press freedom challenges in Netherlands

By IPI Contributor Tan Tunali

The line in front of the Royal Theatre Carré in Amsterdam was almost a kilometer long, and the waiting time was over two hours for mourners who had come to pay tribute to renowned Dutch crime reporter Peter R de Vries. The 64-year-old journalist had been shot in the evening of July 6, only moments after leaving a TV studio where he had participated in a talk show. He died in hospital nine days later.

The details behind the murder are still unknown, but the office of public prosecution has suggested a link to de Vries’ role in the so-called Marengo trial, a criminal case against leading members of a criminal organization involved in drug trafficking. De Vries had been acting as advisor to Nabil B., a former member who is testifying against Ridouan Taghi, the principal suspect in the trial.

Following the deadly attack on De Vries and threats made against the TV program, the studio moved its broadcasting to a different location outside of Amsterdam. In recent years, organized crime has been linked to threats made against other media outlets and crime reporters in the Netherlands.

In June 2018, the Amsterdam offices of leading Dutch newspaper De Telegraaf was attacked when a van repeatedly rammed the paper’s entrance before been set on fire by the driver. In the same month, the editorial offices of weekly Panorama were attacked with an anti-tank weapon. Perpetrators were convicted to prison sentences, but the exact background of the attacks remains unclear.

The killing of de Vries comes at a time when the media in the Netherlands are under increasing pressure. For the moment, the country still ranks high on international freedom of expression lists. However, the Netherlands witnessed a clear drop on the World Press Freedom Index last year.

Last year, Dutch public broadcaster NOS decided to scrub its well-known logo from satellite busses and other equipment amidst a rise in attacks on the station’s journalists reporting from anti-government demonstrations, often related to protests against the Dutch government’s Covid-19 measures. The decision came as a shock to large parts of the Dutch public.

However, many of the county’s journalists were less surprised because they had experienced the increasingly hostile environment themselves. NOS editor-in-chief Marcel Gelauff warned in a statement after the decision to forego the station logo: “Journalism is under attack of people who only want to see their own world[view], trying to impede other perspectives, hence harming press freedom.”

Increasing attacks on journalists

The global Covid-19 pandemic has also put the issue of rising violence against journalists in stark relief. Hate speech and attacks on journalists are increasing. During nationwide riots following the government’s announcement of evening curfews, stones were thrown at photographers, and camera crews were violently attacked. At a Covid-19 testing facility in the town of Urk, a NOS reporter and his bodyguard were attacked with pepper spray.

The recent outburst of physical violence towards journalists is unprecedented, but attacks have already become the norm online. Clarice Gargard, a columnist for daily NRC and founder of the feminist platform Lilith Magazine, received thousands of hate messages during the live registration of an anti-Black Pete demonstration in 2018. Gargard reported the messages to the police which eventually led to the convictions of several of the people behind the threats, who were fined or were sentenced to several hours of community service.

Several politicians in the rightwing opposition have joined the fray and publicly lashed out against the media. Leader of the far-right Freedom Party (PVV) Geert Wilders called journalists ‘riffraff’ (‘Tuig van de Richel”) in a Tweet. Thierry Baudet, leader of the far-right Forum for Democracy (FvD) repeatedly attacked the media as well, for example by repeatedly calling broadcaster NOS ‘fake news’.

In reaction to the increasing difficulties Dutch journalists are facing, the local journalist’s union NVJ, the Institute of editors-in-chief, in cooperation with the public prosecutor and the Dutch police established a joint initiative called PersVeilig (“Safe Press”) in 2019. One of the main goals of the initiative is to train and advise journalists on how to react to threats and, if necessary, to prioritize court cases against perpetrators. In the first seven months of this year, PersVeilig received 176 cases resulting in 41 reports to the police, versus 121 over the entire last year.

While the Dutch government often stresses the importance of a free press, it has been accused of playing an active role in the stifling the work of the media by preventing access to crucial state documents, something public authorities are legally bound to facilitate under the freedom of information act (Dutch: Wet Openbaarheid Bestuur, WOB). Often documents which are released arrive late and are incomplete. Sometimes they are not released at all.

Earlier this year, the government was forced to resign over a childcare subsidies scandal, in which the government withheld crucial information to press and parliament, allowing state misconduct to continue, at great human cost to the victims who in some cases lost their livelihoods.

In the cabinet’s resignation, prime-minister Mark Rutte, promised ‘a new governance culture’, and ‘more transparency’. But old habits die hard. Recently, the Dutch Ministry of Health, Welfare and Sport (VWS) lost a court case against current affairs program Nieuwsuur. The journalists had demanded access to state documents regarding the handling of the Covid-19 pandemic. However, instead of putting the caretaker prime minister’s promise of more transparency into practice, the ministry defied the court and refused to provide the requested documents, appealing the court order instead.

Compared to their colleagues in many other countries of the world, journalists in the Netherlands are able to freely investigate and work. However, as the events of the past few years have shown, a sense of deteriorating safety for the media is a slippery slope even in a country that until recently led international press freedom rankings.

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 or MFRR. This reporting series is supported by funding from the Friedrich Naumann Foundation for Freedom and by the European Commission (DG Connect) as part of the Media Freedom Rapid Response, a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

MFRR 3 consortium logos