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Urgent call on the European Union to react to…

Urgent call on the European Union to react to the critical press freedom situation in Georgia

President of the European Commission President Ursula von der Leyen

President of the European Council António Costa

President of the European Parliament Roberta Metsola

Hearing of High Representative/Vice President-designate Kaja Kallas, European Parliament

Dear President Ursula von der Leyen, 

Dear President António Costa, 

Dear President Roberta Metsola, 

Dear High Representative / Vice-President Kallas, 

 

We, the undersigned international media freedom, journalists, and human rights organizations, are writing to express our deep concern about violence being meted out on a daily basis in the streets of Tbilisi that are deliberately targeting journalists. We call on the European Union to use all its influence to bring a rapid end to the repression of journalists in Georgia.

 

The scale of the crackdown on the media since November 28, following the ruling Georgian Dream party’s decision to halt Georgia’s negotiation talks with the EU, has been unprecedented.

 

More than 90 media workers have experienced physical attacks, verbal abuse, or obstruction as police violently dispersed pro-EU demonstrations. In several cases, journalists equipment has been damaged, destroyed or confiscated. The vast majority of the injured journalists work for independent and government-critical outlets based in Tbilisi. 

 

This brutal crackdown on the media in Georgia is not an isolated incident but part of a rapid deterioration of press freedom and of targeted violence and impunity for crimes against journalists, including those committed during protests earlier this year against the restrictive law on “Transparency of Foreign Influence.” Authorities have orchestrated smear campaigns against journalists and detained and imprisoned media workers. Despite repeated appeals to the Special Investigation Service, crimes against journalists remain largely uninvestigated, perpetuating a culture of impunity. 

 

The scaling back of democratic freedom and rising authoritarianism in Georgia, an EU candidate country, cannot be overlooked. The European Union must stand firm in its commitment to defending press freedom and civil liberties in Georgia. We ask you, as the European Union leaders, to unequivocally and publicly demand that Georgia meets the following press freedom requirements:

 

  • Provide safe and enabling environment for all journalist and ensure they can report the protests without obstruction 
  • Guarantee the safety of all journalists, including facilitating the delivery of newsgathering equipment, safety gear, and safety training;
  • Ensure accountability for those responsible for all crimes against journalists. This must include fully transparent investigations and appropriate sanctions for all those involved. 

 

We urge you to place effective pressure on the Georgian authorities to halt the crackdown and ensure accountability, which could include targeted sanctions against those responsible for attacks on journalists. Furthermore, we call on you to publicly demand that the Georgian Dream ruling party respect journalists’ right to report on ongoing demonstrations without fear for their safety

 

Thank you for considering our requests.

 

Best regards, 

Signed by:

Media Freedom Rapid Response:

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

 

  • Justice for Journalists Foundation (JFJ)
  • Reporters Without Borders (RSF)
  • European Broadcasting Union (EBU)
  • Index on Censorship
  • PEN International 

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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Lithuania: Joint letter from mediafreedom organisations

Lithuania: Joint letter from mediafreedom organisations

Draft amendment to Lithuanian law on national radio and television threatens public broadcaster’s funding model

 

Today OBCT joins the International and European Federation of journalists (IFJ-EFJ) and other mediafreedom organisations in writing to the authorities in Lithuania, urging them to open consultation and discussion with LRT and ensure that any changes to the funding model will maintain guarantees that LRT is fully funded and able to fulfil its mandate.

                                                                                                                                                                                                                                                                        25 June 2024

 

To:

Office of the President of the Republic of Lithuania, kanceliarija@prezidentas.lt

Ms Vikorija Čmilytė-Nielsen, Speaker of the Seimas of the Republic of Lithuania, pirmininko.sekretoriatas@lrs.lt

Members of the Seimas of the Republic of Lithuania, via Ms Vaida Servetkienė, Director of Document Department, Acting Secretary General of the Seimas

Members of the Committee on Culture of the Seimas, via Ms Agnė Jonaitienė, Head of the Committee Burau

Members of the Committee on Budget and Finance of the Seimas, via Committee Bureau

Mr Mindaugas Lingė, Chair of the Committee on Budget and Finance

Ms Ieva Ulčickaitė, Chief Advisor to the President

Mr Frederikas Jansonas, Chief Advisor to the to the President on Communications

 

Subject: Draft amendment to Lithuanian law on national radio and television threatens public broadcaster’s funding model

 

The International and European Federation of journalists (IFJ-EFJ), together with the International Press Institute (IPI) are concerned about the draft amendment to the Lithuanian Law on National Radio and Television (LRT) submitted by Mindaugas Lingė, Member of Parliament, on 14 June 2002. The draft seriously threatens the public broadcaster’s funding model.

 

The current LRT law guarantees that its budget should never fall below its 2019 level. The proposed amendment seeks to abandon this crucial provision and replace it with a mechanism  that would limit the growth of LRT’s budget.

 

The draft was submitted without prior consultation with the public broadcaster. As stated in Article 5(3) of the newly adopted European Media Freedom Act (EMFA), funding procedures should be based on “transparent and objective criteria laid down in advance”. The submission of such changes without informing and consulting the public broadcaster reinforces our concerns about the future of the broadcaster.

 

The proposed abolition of the minimum funding threshold undermines the long term sustainability of LRT, compromising its independence and reducing its ability to fulfil its mandate.

 

The amendment is being justified as necessary in order to redirect funds to increase Lithuania’s defence spending. Raising a defence budget must not come at the cost of undermining institutions essential for the preservation of Lithuania’s democracy, including  public broadcasting.

 

As a public media service, LRT must be adequately funded to fulfil its mission, to evolve in line with rapid technological and social change and to ensure adequate preparedness for uninterrupted broadcasting in times of emergency. Moreover, the public service media’s role in combatting disinformation is also vital for the protection against information warfare.

 

We urge the authorities to engage in open consultation and discussion with LRT to ensure that any changes to the funding model will maintain guarantees that LRT is fully funded and able to fulfil its public service remit.

 

Thank you for your attention to this important issue. We remain at your disposal for any further information or assistance.

Signed by:

Ricardo Gutiérrez, General Secretary of the European Federation of Journalists (EFJ)

Anthony Bellanger, General Secretary of the International Federation of Journalists (IFJ)

Chiara Sighele, Programme Manager, Osservatorio Balcani Caucaso Transeuropa (OBCT)

Scott Griffen, Interim Executive Director, International Press Institute (IPI)

Andreas Lamm, Interim Managing Director, European Centre for Press and Media Freedom (ECPMF)

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.

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Defending Press Freedom in Georgia as the foreign agent…

Defending Press Freedom in Georgia as the foreign agent bill passes the third reading

Today the partners of the Media Freedom Rapid Response (MFRR) urge President of the European Council Charles Michel and EU Ambassador to Georgia Pawel Herczyński to call on the Georgian government to fully and unconditionally withdraw the foreign agent bill and to respect the right of journalists to report on the ongoing demonstrations without fear for their safety.

President of the European Council: Charles Michel

EU Ambassador to Georgia: Pawel Herczyński

 

Dear President Michel, 

Dear Ambassador Herczyński, 

 

We, the undersigned international press freedom, journalists and human rights organisations, are writing to express our deep concern about recent critical developments in Georgia, where the ruling Georgian Dream party passed the Russian-style foreign agent bill titled “Transparency of Foreign Influence” in its third and final reading on Tuesday May 14. 

 

The Bill was approved with 84 votes in favor and 30 against. According to this legislation, NGOs and independent media receiving more than 20% of their funding from foreign sources would be required to register as organisations “pursuing the interests of foreign power.”

 

On Sunday, May 19, President Zourabichvili of Georgia vetoed the law, which is widely accepted to be overruled by the Parliament. 

 

International press freedom and human rights organisations have been raising the alarm about this restrictive piece of legislation since it was reintroduced in early April.  On April 11, Media Freedom Rapid Response (MFRR) partners called on the Georgian Dream (GD) ruling party to withdraw the bill, and on May 10, 18 international press freedom organisations sent a letter to Prime Minister Kobakhidze urging him to withdraw the Bill, ensure the safety of journalists, and uphold press freedom.

 

The Bill provides the authorities with a powerful tool to discredit, pressure, and eventually silence independent voices, thereby threatening press freedom and freedom of expression. The law would not only force independent media and NGOs to be labeled as “organisations pursuing the interests of foreign powers,” it would also empower the Ministry of Justice to conduct monitoring and investigations of these organizations solely on the basis of a written application alleging ties to a “foreign power”, or a decision of the responsible authority within the Ministry of Justice. The Ministry of Justice would have the power to request personal “and confidential” information enabling it to interfere in the activities of independent media outlets and NGOs, disrupt their operations, and undermine their watchdog role. According to the latest changes made by Parliament, the law has been extended to enable the fining organization and of individuals  for not submitting the requested data, including personal and confidential information. This comes notwithstanding the GD’s promises that the law would not concern any individuals.

 

Shortly after the Bill’s reintroduction, journalists have faced intimidation through phone calls, physical and verbal assaults, injuries, and vandalism of their personal items, apartment buildings, offices, and cars. Journalists from online outlets were further barred from Parliament preventing them from reporting the parliamentary debates on the bill. Based on our data, at least 20 media workers have been physically assaulted, verbally harassed, or detained while covering demonstrations, and we call on you to ensure the incidents are fully investigated and the perpetrators are held accountable. The rise in violent incidents against journalists and the growing hostility against the media indicate the government’s intolerance of criticism and dissent in the country.

 

The state of press freedom in Georgia has been deteriorating in recent years. Authorities have led smear campaigns against journalists from donor-funded independent media outlets before the reintroduction of this Bill, as well as detained and imprisoned journalists and media workers. 

 

Given the overall sharp democratic decline, increasing hostility of the authorities towards critical voices, and the highly partisan and polarised media scene in Georgia, where a large portion of independent publishers have to rely on donor funding, the enactment of the foreign agent bill could be the final straw for Georgia’s embattled independent media and civil society.

 

We urge you to call on the Georgian government to fully and unconditionally withdraw this Bill. Furthermore, we urge you to publicly call on the Georgian government to respect the right of journalists to report on the ongoing demonstrations without fear for their safety. Media freedom and freedom of expression are essential pillars of democracy and European values, and should be placed at the center of Georgia’s relationship with the EU.

Sincerely,

International Press Institute (IPI) 

European Centre for Press and Media Freedom (ECPMF)

The European Federation of Journalists (EFJ)

Osservatorio Balcani Caucaso Transeuropa (OBCT)

Free Press Unlimited (FPU)

Ossigeno.info (Italy) 

Society of Journalists, Warsaw

South East Europe Media Organisation (SEEMO)

Media Diversity Institute Global

Media Diversity Institute

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.

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Georgian PM urged to withdraw Foreign Agent Law and…

Georgian PM urged to withdraw Foreign Agent Law and to guarantee journalist safety

Today the partners of the Media Freedom Rapid Response (MFRR) urge Georgian Prime Minister Irakli Kobakhidze to immediately withdraw the bill on Transparency of Foreign Influence and to address the concerning rise in attacks against journalists and media workers in recent weeks.

Irakli Kobakhidze

Prime Minister of Georgia

7 Ingorokva Street 

State Chancellery 

Tbilisi, Georgia 

 

Dear Prime Minister Kobakhidze, 

 

We, the undersigned international press freedom, journalists and human rights organisations, are writing to express our deep alarm about the reintroduction of the bill on Transparency of Foreign Influence and the sudden rise in violence and other restrictions against Georgia’s journalists reporting on the public protests against the Bill.

 

We reiterate our call for the immediate withdrawal of the Bill which threatens the viability of many independent media and we call on the authorities to guarantee the safety of all journalists after at least 20 media workers were physically assaulted, verbally harassed, or detained while covering demonstrations.  

 

The Transparency of Foreign Influence bill, which was recently passed in its second reading at the Parliament, provides the authorities with a powerful tool to discredit, pressure, and eventually silence independent voices, thereby threatening press freedom and freedom of expression. 

 

The law would not only force independent media and NGOs to be labelled as “organisations pursuing the interests of foreign powers,” it would also empower the Ministry of Justice to conduct “thorough investigations” of these organizations solely on the basis of a written application alleging ties to a “foreign power.” 

 

The Ministry of Justice would have the power to request personal information enabling it to interfere in the activities of independent media outlets and NGOs, disrupt their operations, and undermine their watchdog role.

 

Georgia’s current legal framework provides safeguards that uphold freedom of the press, including Article 17 of the Constitution of Georgia, which guarantees the inadmissibility of censorship, freedom of the media, and pluralism of the media. Additionally, Article 3 of the Law on Freedom of Speech and Expression guarantees journalists’ right to protect the confidentiality of sources of information, and to make editorial decisions in accordance with their own conscience. 

 

These important legal protections will be undermined by the new Bill by enabling direct government interference and pressure to be applied to newsrooms. 

 

Lastly, journalists should be able to carry out their work freely. The decision to bar journalists from online outlets from the Parliament, which was made at the very start of parliamentary debates on the Bill, is a clear restriction of the freedom of the media and should be immediately overturned. Furthermore, journalists are unable to carry out their work safely due to police violence and intimidation on the streets of Tbilisi which should immediately end. According to Article 154 of the Criminal Code of Georgia, unlawful interference with a journalist’s professional activities is strictly punishable especially when committed using threats of violence or abusing an official position.

 

Based on our data, at least 20 media workers have been physically assaulted, verbally harassed, or detained while covering demonstrations, and we call on you to ensure the incidents are fully investigated and the perpetrators are held accountable.

Signed:

International Press Institute (IPI) 

Index on Censorship

International Media Support (IMS)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU) 

OBC Transeuropa (OBCT)

South East Europe Media Organisation (SEEMO)

Association of European Journalists (AEJ Belgium)

Organized Crime and Corruption Reporting Project

Association of European Journalists (AJE France)

IFEX

Committee to Protect Journalists

Public Media Alliance (PMA)

Society of Journalists (Warsaw)

Human Rights House Foundation (HRHF)

Community Media Forum Europe (CMFE)

Global Forum for Media Development (GFMD)

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.

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Media Freedom Groups troubled with the CULT report on…

Media Freedom Groups troubled with the CULT report on the EMFA proposal

Apr 28, 2023

Dear Sabine Verheyen,

 

We, the undersigned journalists, press freedom, civil society, trade unions, and digital rights groups, are writing to you with regard to the proposed amendments to the draft  European Media Freedom Act (EMFA) you have written as the Rapporteur on behalf of the Committee on Culture and Education (CULT). 

 

We thank the rapporteur for the timely drafting and appreciate several amendments in the report, such as the strengthening of the independence of the European Board for Media Services. 

 

However, we are very concerned about many changes that dilute the impact of the proposal , as well as the harmonization effort that drives the EMFA.  Moreover, the removal of the explicit reference and guarantee of journalists and editors’ editorial independence throughout the proposal, and the changing of the media pluralism test from mandatory to optional in national rules raise our concern regarding the EMFA’s capacity to adequately protect media pluralism and media freedom in the EU.

 

Our main critical points are the following:  

  • The removal of almost all references to editorial independence in the proposal and the insertion of media owners’ right to assume a leading editorial role (Art 6.2);
  • The insertion of VLOPs into the media plurality assessment and the exchange of a mandatory nature for a voluntary one (Art 21); and
  • The failure to strengthen media ownership transparency rules (Art 6.1).

 

Editorial independence is an essential pillar of media freedom that helps guarantee the integrity of a media’s journalism and protection against the undue influence of vested interests from political or business groups. The latest scandal surrounding Mathias Döpfner, the CEO of Axel Springer, seeking to interfere in editorial policy of Germany’s largest newspaper underlines the vulnerability of our media to vested interests and the necessity to maintain protections on editorial independence across Europe.

 

The inclusion of Very Large Online Platforms under the media plurality test under Art 21 should also be removed as it prejudges the methodology to be developed for protecting news media pluralism in Europe. News media plurality cannot be looked at in isolation and VLOPs as with other actors such as advertising companies have a significant impact on the media economy and this is recognised already in the Digital Markets Act (Regulation 2022/1925). However, to insert VLOPs into the EMFA which is primarily focused on a public interest test for news media is premature and ties the hands of the policy experts assigned to develop the media plurality test.

 

We kindly remind you that the media ownership transparency obligations on media under Article 6.1 should be strengthened as it is only through clear publicly available and verifiable information that the public can make informed decisions about the integrity of the media. This is also a request in the recently published independent research for the CULT Committee on the EMFA. Only this way will we achieve meaningful transparency.

 

We call on you, dear Sabine Verheyen, and on all CULT members as the lead committee, which has been a reliable and vocal campaigner for media freedoms across the European Union, to stick to your principles and help to improve this act as a regulation so much needed in the EU and beyond.

 

With kind regards,

Signed by:

  • Association of European Journalists (AEJ Belgium)
  • Civil Liberties Union for Europe (Liberties)
  • Eurocadres
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Global Forum for Media Development (GFMD)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Ossigeno.info
  • South East Europe Media Organisation (SEEMO)
  • Society of Journalists, Warsaw
  • 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. 

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Robert Abela Malta media freedom Library

Malta: Press freedom groups urge PM to deliver strong…

Malta: Press freedom groups urge PM to deliver strong media law reforms

16 March 2023

 

Dear Prime Minister Robert Abela,

 

The undersigned international press freedom and journalists organisations are today writing to urge your government to follow up on the recent public consultation into media law reforms by implementing changes which will significantly strengthen the draft legislation. As the monthly memorial service for the assassination of Daphne Caruana Galizia is held in central Valletta today, we also renew our call for these reforms to fully implement the recommendations of the independent inquiry into her murder.

 

As our organisations have previously outlined, the current draft bills for improving protection of the media presented in September 2022 fail to create the systemic reforms required to foster an enabling environment for free and independent journalism. We therefore welcome the government’s belated decision, following criticism, to freeze parliamentary debate on the three bills to give time for the Committee of Experts to carry out a consultative process.

 

To ensure the public consultation is not simply a box-ticking exercise, we now urge your government to properly consider and implement the proposals for strengthening the media bills developed during the consultation. Amendments should also implement the recommendations of the government-appointed Committee of Experts and other key domestic and international stakeholders. We also call on your administration to prove a clear timeline for the next steps of the legislative process and to ensure effective transparency regarding that process. This should involve more regular press briefings, substantive responses to media inquiries, publication of reports of meetings about the law, and scheduled opportunities for international civil society organisations to contribute to the reform process.

 

Any moves to improve the draft legislation must be grounded in the recommendations set out in the report of the landmark 2021 Public Inquiry report. This should include the constitutional recognition of journalism as the fourth pillar of democracy and introduce effective new laws to address impunity, corruption and the abuse of power. Such changes must at the very least meet international standards on the protection and safety of journalists and freedom of the media, including the strengthening of the government’s watered-down anti-SLAPP legislation. 

 

These reforms should also follow the recommendations of two legal analyses conducted by the OSCE Representative on Freedom of the Media and the recommendations by the European Commission in its 2022 Rule of Law Country Chapter on Malta, as well as from the European Parliament’s Democracy, Rule of Law and Fundamental Rights Monitoring Group.

 

As the Public Inquiry identified, the Maltese state bears responsibility for allowing the toxic conditions in which the murder of a journalist took place to fester. We believe your government bears fundamental responsibility for ensuring that systemic reforms are carried out to ensure such a heinous killing is never committed again. We urge you to, at a minimum, implement the proposals put forward during the public consultation and follow the advice of the Committee of Experts in the next stages of the legislative process. Daphne Caruana Galizia and her family deserve no less.

 

Our international press freedom and journalists organisations will continue to closely monitor this situation and remain at your disposal for a meeting to share our combined expert opinions on these matters.

Signed by:

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

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

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Library

Chance for Czech Presidency of EU to champion media…

Chance for Czech Presidency of EU to champion media freedom

Seventeen media freedom and freedom of expression organisations from across Europe wrote to Czech Prime Minister Petr Fiala to urge his government to use it upcoming presidency of the European Union to help drive forward vital EU initiatives to protect media freedom across the bloc, including the European Media Freedom Act (EFMA).

Sent on the eve of Czech Presidency of the Council of the European Union, the open letter welcomes the Czech administration’s ongoing commitment to the freedom of the media and stresses the opportunity to advance the debate around the EMFA as a vital tool for pushing back against the threat posed to independent journalism by media capture.

Read the full letter below and a joint statement by the same groups on the need for a strong and ambitious EFMA

June 30, 2022

Petr Fiala, Prime Minister, Czech Republic

CC: Mikuláš Bek, Minister of Europe

CC: Charles Michel, President of the European Council

CC: Ursula Von der Leyen, President of the European Commission

Dear Prime Minister Fiala,

On behalf of seventeen journalists, media freedom, and human rights groups we take the opportunity of the upcoming Czech Republic’s presidency of the Council of the European Union to welcome your government’s commitment to freedom of the media and determination to advance the EU’s ability to address threats to journalism and media freedom.

 

The current Commission has prioritized media freedom as part of its Democracy Action Plan and has taken important initiatives in advancing the safety of journalists through the recommendations issued in September 2021, and in addressing the balance of power on the internet to preserve fundamental human rights and combat disinformation in the Digital Services Act.

 

In April the much-needed anti-Slapps Directive was launched and, left undiluted in its current form, can make a very significant impact on protecting journalists from being targeted by vexatious lawsuits designed to stifle public debate and prevent accountability.

 

And under your presidency the European Commission is due to publish the European Media Freedom Act providing a crucial opportunity to combat the threats posed to European democracy by the capture of media by political parties and governments that has become increasingly prevalent in parts of the European Union.

 

Media Capture as conducted by political forces can be broadly understood as the abuse of government powers to create a pliant media acting in the interests of the government. It can be divided into four key areas,

  • the misuse and abuse of government funds – advertising, public subsidies or other public contracts – to boost media support for government and punish independent media
  • the taking over of media regulators with politically aligned supporters that can abuse their authority to rule on media licensing and mergers in favour of pro-government media
  • the manipulation of media ownership to create a bubble of government propaganda outfits – often dependent on government largess – and sidelining independent media to the edges of public debate
  • the control of public media, often converted into flagrant propaganda arms.

 

The EMFA should address all of these areas by introducing Europe wide rules on

  • Improving transparency of media ownership and funding and all financial relations between media and the government
  • Ending the abuse of government funds to finance media allies and creating a hostile economic environment to independent media
  • Improving the independence of media regulators, and
  • Protecting public media from political interference

The Czech Presidency has an opportunity to advance the debate around the EMFA as it understands well the threat posed by media capture and the necessity for EU action.

 

In particular you have witnessed how public advertising and public contracts were abused by the previous Czech government to fund media close to and owned by the former Prime Minister. You have also witnessed how the appointments process for the governing bodies of the Czech TV were politicised by the previous government in an attempt to take control of the public broadcaster. And you have witnessed how media pluralism can suffer when mainstream media are taken over by oligarchs dependent on close relations with the government to protect their broader business interests.

 

You were elected to power on the promise of promoting media freedom, independence and pluralism and introducing reforms to end the ability of governments to abuse state funds to influence media coverage. We ask you to help replicate these actions with a strong endorsement of the European Media Freedom Act.

 

Kind regards,

International Press Institute (IPI)

Association of European Journalists (AEJ Belgium)

Baltic Centre for Media Excellence (BCME)

Civil Liberties Union for Europe (Liberties)

The Coalition For Women In Journalism (CFWIJ)

Cultural Broadcasting Archive (cba), Vienna

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Finnish Foundation for Media and Development

Free Press Unlimited

Global Forum for Media Development

IFEX

OBC Transeuropa (OBCT)

Ossigeno.info

Public Media Alliance (PMA)

South East Europe  Media Organisation (SEEMO)

Society of Journalists, Warsaw

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 Library

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.

MFRR 3 consortium logos
Greek journalist Thanasis Koukakis Library

Greece: Letter to government after spyware surveillance of journalist…

Greece: Letter to government after spyware surveillance of journalist Thanasis Koukakis

The partners of the Media Freedom Rapid Response are concerned about surveillance measures hitting journalists in Greece.

Dear Kyriakos Mitsotakis, Prime Minister of Greece

Panagiotis Pikramenos, Deputy Prime Minister,

Takis Theodorikakos, Minister of Civilian Protection,

Konstantinos Tsiaras, Minister of Justice,

Dimitris Galamatis, Secretary General Communication and Information,

Panagiotis Kontoleon, Commander of the Greek National Intelligence Service

cc.

Didier Reynders, European Commissioner for Justice

Sophie in ‘t Veld, MEP, Rapporteur of Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware

Jeroen Lenaers, Chair of Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware

 ———————————————————–

The undersigned European and international press freedom and journalists’ organisations are writing to express our serious concern over the recent surveillance of Greek financial journalist Thanasis Koukakis using a powerful new spyware tool, Predator.

Our organisations are equally alarmed by state documents which reveal that one year prior to the spyware surveillance, the same journalist’s private communications were intercepted by the Greek National Intelligence Service (EYP), a body which is overseen by the office of the Prime Minister.

In light of these revelations, we urge Greek authorities to first provide further information about the source of the spyware attack and second to immediately explain the state surveillance of a journalist, and to indicate clearly whether these two incidents are linked.

On April 11 it was first revealed that Koukakis, an investigative journalist for CNN Greece who writes for multiple international publications including Financial Times and CNBC, had his mobile phone infected between July and September 2021 by Predator, an advanced spyware tool developed by a North Macedonian company called Cytrox.

In the wake of the initial revelations, on April 12 government spokesman Giannis Oikonomou suggested the Predator hack had been carried out by an “individual” or private actor and denied that the Greek government had any role in monitoring Koukakis using the spyware tool.

Days later, however, it was revealed that the EYP had itself been carrying out surveillance on Koukakis in June, July and August 2020 for what it said were “national security reasons”. Documents show that when the journalist asked the independent Authority for Ensuring the Confidentiality of Communications (ADAE) to confirm whether his phone had been tapped, the EYP stopped the surveillance the same day.

When Koukakis sought to confirm his suspicions about being wiretapped, he did not receive a response from ADAE for a year. During this time, in March 2021 the Greek government passed an amendment which blocked the ADAE, with retroactive effect, from informing citizens if they had been surveilled if it had been carried out under national security grounds, meaning the journalist was blocked from knowing whether or not his phone had been bugged.

These two cases of surveillance are troubling on many levels. Our organisations urge the Greek government to first provide greater clarity and answers about how, and by whom, Predator was abused to target Koukakis. Intellexa, which owns Cytrox, maintains that it sells its services to law enforcement agencies – not private individuals. Moreover, like other advanced spyware products, Predator is extremely expensive to acquire, making it unaffordable to many private actors. The Greek authorities should take all steps to determine if a private actor or individual was responsible, ensuring a full and independent investigation with a view to bringing the alleged perpetrators to justice.

However, our organisations note that the confirmed state surveillance of Koukakis just one year before the Predator attack undermines the claim that state intelligence agencies had no role in the recent surveillance. It is deeply concerning that an agency under the control of the office of the Prime Minister spied on a journalist investigating corruption in the business and financial world.

The grounds for the surveillance in 2020, which were approved by an EYP prosecutor, appear to be completely groundless and point to potentially unlawful monitoring by the agency. We therefore welcome the preliminary investigation launched by the head of the Athens Prosecutor’s Office, which must establish why the decision to surveil Koukakis was approved and whether it violated telecommunications privacy legislation.

At a wider level, the timing of the retroactive legislative change in 2021 regarding the EYP also poses questions about whether the government changed the law in order to block Koukakis’ surveillance from becoming public. We note with concern that this is not the first time that potential evidence has surfaced that the EYP has intercepted the private communications of journalists and their sources. These cases have had a chilling effect on public interest journalism in Greece and pose serious questions about the mandate of the EYP, its closeness to the PM’s office, and the rule of law in Greece.

Moving forward, we believe it is important that Greece take immediate steps to better regulate spyware technology so that it cannot be abused in the future. As we have seen over the past year, governments around the world, including those in the EU, have used this kind of spyware to snoop on journalists, posing serious threats to source confidentiality and journalists’ safety. We therefore urge the government to clearly confirm or deny whether its own law enforcement or intelligence agencies have acquired Predator or other privately developed spyware products, now or in the past, including the Pegasus spyware sold by Israeli company NSO Group.

Greater transparency about the trade of these technologies inside the EU is also vital for understanding the scale of the surveillance-for-hire industry inside the bloc and for providing accountability when abuses occur. In light of these allegations in relation to Intellexa, a Greek company, the national authorities must also ensure full compliance with the EU’s new Recast Dual Use Regulation, which seeks to prevent human rights harm resulting from digital surveillance by establishing controls on exports of surveillance technology by EU companies, including by providing transparency around export licenses and full human rights assessments to target countries for export.

As questions about the surveillance mount both in Greece and in Brussels, our organisations believe it is important to add greater clarity to this case. We look forward to your response.

Signed by:

  • 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)
  • Reporters Without Borders (RSF)
  • 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.

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

Romania: Open Letter calling for swift and independent investigation…

Romania: Open letter calling for swift and independent investigation concerning publication of stolen pictures of Emilia Șercan and leak from criminal investigation

Ten European and international press freedom and freedom of expression organisations, members of the MFRR and their partners, have reacted to the harassment of Emilia Șercan, expressing serious concerns about the case and its implications for media freedom in Romania. Today, the ten organisations sent an open letter to the Romanian authorities calling for swift and independent investigations. The letter recalls that the threats and harassment of Șercan are set against a background of recent aggression and undue pressure against journalists and media workers in Romania coming from politicians, prosecutors, police, and military officers. 

Open letter, sent electronically

14 April 2022

 

Dear Prime Minister of Romania Nicolae Ciucă,

Dear Minister of Internal Affairs of Romania Lucian Bode,

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

Dear General Prosecutor of Romania Gabriela Scutea,

We, the undersigned organisations in the Media Freedom Rapid Response (MFRR) and partners, are disturbed by the harassment of journalist Emilia Șercan through the publication of her private pictures and the alleged leak from the criminal investigation into the matter. We call for swift and independent investigations of both issues and previous threats against Șercan. 

On 16 February, Șercan found a dehumanising message from an unknown person among her spam on Facebook Messenger, which alerted her that five personal pictures taken about 20 years ago had been published on 34 porn websites. The next day, Șercan filed a police complaint about cybercrime (concerning the theft of the pictures) and violation of privacy (concerning their upload on the porn websites). In the process, she also provided a screenshot of the Facebook message. 

On 18 February, Șercan discovered that a Moldovan website had published an article containing the five stolen pictures, as well as the Facebook Messenger screenshot made by Șercan, and submitted only to the Romanian police, plus a short comment on Șercan’s professional conduct. Șercan ascertained that the article was published approximately 40 minutes after she left the Criminal Investigation Service. A link to the article was subsequently posted by 74 websites, primarily Romanian and some from the Republic of Moldova. 

Șercan filed another criminal complaint regarding the possible leak from the criminal investigation and violation of privacy with the Internal Affairs Department of the Romanian Police. On 21 February, chief of the Romanian Police Mr Matei presented Șercan with an analysis of the media spread of the pictures, which would have cleared the police and supervising prosecutor of suspicion. Șercan characterised the police’s analysis as implausible and “fabricated”. On 8 March, Șercan discovered that the Internal Affairs Department had sent her complaint to the Prosecutor’s Office attached to the 4th District Court of Bucharest, which is potentially a source of the leak. Subsequently, the file was transferred to the Prosecutor’s Office attached to the Bucharest Court of Appeal.

We have serious concerns about the harassment of Șercan and the implications for media freedom in Romania more broadly, especially given the context: on 18 January 2022, Șercan revealed in an article that Prime Minister Ciucă plagiarised his doctoral dissertation. The following day, she received a threat to her personal safety on her professional email address, followed by another threat on 2 February via Facebook Messenger. Both threats are under investigation by the Criminal Investigation Service of the Bucharest Police. 

Moreover, the threats and harassment of Șercan are set against a background of recent aggression and undue pressure against journalists and media workers in Romania coming from politicians, prosecutors, police, and military officers. These include, among others, the threat against the wife of G4Media editor-in-chief Pantazi by an employee of the Ministry of National Defence, in March 2022; a reporter and her crew working for Italian public broadcaster RAI who were kept for hours in a Bucharest police station after an anti-vaccine Romanian Senator kept them locked up inside her office during an interview, in December 2021; attacks on two women journalists at a congress of the National Liberal Party congress by party members in September 2021; and, judicial pressure on Libertatea and Newsweek Romania following a criminal complaint and several SLAPPs filed by a Mayor of a Bucharest district, in May 2021. 

The European Commission has made it clear that Member States “should investigate and prosecute all criminal acts committed against journalists, whether online or offline, in an impartial, independent, effective, transparent and timely manner”, as underlined in its recent Recommendation on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, “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” (Rec. 4). 

On 8 March, the MFRR partners, together with ActiveWatch, wrote to the Romanian authorities, urging them to ensure that the complaints filed by Șercan in relation to the stolen photos, the leak from the criminal investigation and the earlier threats are swiftly and diligently investigated.  Unfortunately, to date, a substantive response to these asks has not been provided.

Accordingly, we renew today our call for quick and independent investigations. Any criminal acts these investigations reveal must be duly prosecuted, so those responsible are held to account. Particularly as concerns the complaint about the leak from the criminal investigation, sufficient safeguards that effectively guarantee the investigation and prosecution’s independence must be in place.

Sincerely,

Signed by:

  • ActiveWatch
  • ARTICLE 19
  • Center for Independent Journalism Romania
  • Coalition For Women In Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)

This open letter 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.

Zece organizații europene și internaționale care militează pentru libertatea presei și pentru libertatea de exprimare, membri ai MFRR și partenerii acestora, au reacționat la hărțuirea Emiliei Șercan, exprimând îngrijorări serioase cu privire la acest caz și la implicațiile pe care acesta le aduce pentru libertatea presei în România. Astăzi, cele zece organizații au trimis o scrisoare deschisă către autoritățile române, prin care cer investigații prompte și independente. Scrisoarea amintește faptul că amenințările și hărțuirea la adresa lui Șercan au loc pe un fond de agresiune recentă și presiune nejustificată împotriva jurnaliștilor și a lucrătorilor media din România, venite din partea politicienilor, procurorilor, poliției și a ofițerilor militari.

Scrisoare deschisă, trimisă electronic

14 aprilie 2022

Re: Publicarea fotografiilor personale ale Emiliei Șercan, sustrase ilegal, și scurgerea de informații din ancheta penală trebuie investigate cu promptitudine și independent 

Prim-ministrului României Nicolae Ciucă, 

Ministrului Afacerilor Interne Lucian Bode, 

Inspectorului General al Poliției Române, Chestorul de poliție Benone-Marian Matei, 

Procurorului General al României Gabriela Scutea, 

Noi, organizațiile semnatare ale Media Freedom Rapid Response (MFRR) și partenerii noștri, găsim tulburătoare hărțuirea jurnalistei Emilia Șercan prin publicarea fotografiilor personale sustrase ilegal și prin presupusa scurgere de informații din ancheta penală ce investiga fapta respectivă. Cerem anchetarea promptă și independentă a ambelor situații, precum și a amenințărilor precedente adresate lui Șercan. 

Pe 16 februarie, Șercan a primit un mesaj dezumanizant de la o persoană necunoscută, ce ajunsese în Spam pe Facebook Messenger, mesaj care a alertat-o cu privire la faptul că cinci fotografii personale făcute acum 20 de ani au fost publicate pe 34 de website-uri cu conținut pornografic. Următoarea zi, Șercan a făcut o plângere penală referitoare la infracțiunile comise prin sisteme informatice (cu privire la furtul fotografiilor personale) și la violarea vieții private (cu privire la încărcarea lor pe website-urile cu conținut pornografic). Tot atunci, a pus la dispoziție organelor de cercetare și o captură de ecran cu mesajul primit pe Facebook. 

Pe 18 februarie, Șercan a descoperit faptul că un website din Republica Moldova publicase un articol ce conținea cele cinci fotografii furate, precum și captura de ecran ce suprindea mesajul primit pe Facebook Messenger, pusă la dispoziție doar Poliției Române, alături de un scurt comentariu asupra conduitei sale profesionale. Șercan a constatat faptul că articolul fusese publicat la aproximativ 40 de minute după ce părăsise sediul Serviciului de Investigații Criminale. Link-ul către articolul respectiv fusese postat ulterior de 74 de website-uri, în mare parte din România, și unele din Republica Moldova. 

Șercan a făcut o nouă plângere penală, referitoare la posibila scurgere de informații din ancheta penală și la violarea vieții private, la Direcția Control Intern a Inspectoratului General al Poliției Române. Pe 21 februarie, șeful Poliției Române, dl. Matei, i-a prezentat Emiliei Șercan o analiză a modului în care fotografiile s-au răspândit în media, analiza ce ar fi arătat că poliția și subcomisarul atribuit cazului erau în afara oricăror suspiciuni. Șercan a catalogat analiza poliției drept neplauzibilă și „fabricată”. Pe 8 martie, Șercan a descoperit faptul că Direcția Control Intern trimisese plângerea sa către Parchetul de pe lângă Judecătoria Sectorului 4 București, care este o potențială sursă a scurgerii de informații. Ulterior, dosarul a fost transferat la Parchetul de pe lângă Curtea de Apel București. 

Avem serioase motive de îngrijorare cu privire la hărțuirea lui Șercan, în mod special, și, în sens general, la implicațiile asupra libertății presei în România, cu atât mai mult cu cât aceste fapte au loc în următorul context: la 18 ianuarie 2022, Șercan dezvăluise într-un articol faptul că Prim-ministrul României a plagiat în teza de doctorat. A doua zi, a primit amenințări cu privire la siguranța sa personală pe adresa de e-mail profesională, urmate de altele – pe 2 februarie, primite pe Facebook Messenger. Ambele incidente sunt investigate de Serviciul de Investigații Criminale din cadrul Poliției București. 

Mai mult, amenințările și hărțuirea la adresa lui Șercan au loc pe un fond de agresiune recentă și presiune nejustificată împotriva jurnaliștilor și a lucrătorilor media din România, venite din partea politicienilor, procurorilor, poliției și a ofițerilor militari. Aceste incidente includ, printre altele, amenințarea împotriva soției redactorului-șef G4Media Pantazi de către un angajat al Ministerului Apărării Naționale, în martie 2022; un reporter și echipa sa, care lucrează pentru postul public de televiziune italian RAI, ținuți timp de mai multe ore într-o secție de poliție din București, după ce un senator român anti-vaccin i-a închis în biroul ei în timpul unui interviu, în decembrie 2021; atacuri asupra a două jurnaliste la un congres al Partidului Național Liberal, de către membri de partid, în septembrie 2021; și, presiunea judiciară asupra Libertatea și Newsweek România în urma unei plângeri penale și a mai multor acțiuni în instanță și plângeri depuse de un primar al unui sector din București, în mai 2021.

Comisia Europeană face foarte clar faptul că statele membre „ar trebui să investigheze și să urmărească penal toate actele criminale comise împotriva jurnaliştilor, fie ele efectuate online, sau offline, într-o manieră imparțială, independentă, eficientă, transparentă și în timpul corespunzător”, după cum este subliniat și în recenta Recomandare privind asigurarea protecției, siguranței și susținerii jurnaliștilor și a altor profesioniști media din Uniunea Europeană, „pentru a se asigura că drepturile fundamentale sunt protejate și justiția este făcută prompt în cazuri particulare și pentru a preveni apariția unei „culturi” a impunității în ceea ce privește atacuri împotriva jurnaliştilor” (Rec. 4).

Pe 8 martie, partenerii MFRR, împreună cu ActiveWatch, au scris autorităților române, îndemnându-le să se asigure că plângerile depuse de Șercan în legătură cu fotografiile furate, scurgerea de informații din ancheta penală și amenințările anterioare sunt investigate cu promptitudine și diligență. Din păcate, până în prezent, nu am primit un răspuns substanțial la aceste cereri. 

În consecință, reluăm astăzi apelul nostru pentru investigații rapide și independente. Acele fapte penale care reies în urma investigațiilor trebuie urmărite în mod corespunzător, astfel încât cei responsabili să fie trași la răspundere. În mod particular în ceea ce privește plângerea cu privire la scurgerea de informații dintr-o anchetă penală, trebuie să existe suficiente garanții care să asigure eficient independența anchetei și a demersului urmăririi penale.

Cu stimă,

Semnat:

  • ActiveWatch
  • ARTICLE 19
  • Center for Independent Journalism Romania
  • Coalition For Women In Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)

This open letter 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.