Library

As press freedom deteriorates, Media Freedom partners hold advocacy…

As press freedom deteriorates, Media Freedom partners hold advocacy mission to Slovakia 

Mission to support independent media and urge authorities to respect freedom of expression and media freedom

On November 25–26, the Media Freedom Rapid Response (MFRR) partners will conduct a solidarity and fact-finding mission to Slovakia to assess the state of press freedom in the country amid a scaling back of democratic freedoms.

 

The mission will be led by the International Press Institute (IPI) and joined by ARTICLE 19 Europe, the European Federation of Journalists (EFJ) and the European Center for Press and Media Freedom (ECPMF). 

 

As the environment for freedom of expression, media pluralism and independent journalism becomes increasingly hostile, the delegation will meet with leading media organizations, press freedom advocates, and political leaders to discuss the key challenges to freedom of expression in the country and explore potential solutions.

 

The mission will focus on key topics such as media capture, the dissolution of public broadcaster (RTVS), smear campaigns targeting journalists, impunity for crimes against them, and the steps needed to align Slovak legislation with international and European standards. 

 

As the protection of freedom of expression deteriorates to a critical point, the mission will show solidarity with independent media and urge the authorities in Slovakia to refrain from verbal and legal attacks on the press. Additionally, we remind the Government of its obligation under international law to create an enabling environment where journalists can work freely and without fear of retaliation.

 

Key areas of concern 

The MFRR partners have consistently expressed deep concern regarding the deterioration of media freedom in Slovakia. The critical challenges include:

  • Attacks on the independence of public service media: In July 2024 the relatively independent public broadcaster, RTVS, was dissolved to be replaced by the new institution, STVR. This included new rules which enabled the government to replace the leadership with their own appointees facilitating the politicization of the STVR.

 

  • Media capture: The MFRR research shows that Slovakia’s media market is heavily influenced by government and vested interests. There’s clear evidence of an imbalance in the allocation of state advertising funds to media outlets due to a lack of regulation. Additionally, the media landscape remains highly concentrated, with the oligarchic group Penta controlling a significant share of the market. The Slovak government has also pressured private media, including the leading commercial broadcaster, TV Markíza.

 

  • Legislation and legal measures restricting media freedom and freedom of expression: Since September 2023, the Slovak government has introduced several draft bills that restrict media freedom. These included a draft bill labelling civil society organizations which receive over €5,000 annually in foreign funding as ‘foreign-supported’; the amendment of the media law changing a “right to a correction” and the amendment to the Access to Information Law, allowing officials to charge for “extensive” information requests. 

 

Prime Minister Robert Fico also recently filed a SLAPP case against Peter Bárdy, editor-in-chief of Aktuality.sk, and Ringier Slovak Media, the publisher of the book Fico – Obsessed with Power, for using Fico’s photo on the cover. 

  • Safety concerns and impunity for crimes against journalists: The lack of justice for the 2018 assassination of Ján Kuciak and his fiancée, Martina Kušnírová, has intensified concerns over the safety of journalists in Slovakia. Until this day, full justice has not yet been served for either the assassination of Kuciak and Kušnírová or for other crimes against journalists such as their massive surveillance by “Kočner’s squad”, a network of individuals paid to supply information to the businessman.

 

  • Verbal attacks and smear campaigns against journalists: Journalists in Slovakia continue to face both physical and online attacks. These have rapidly intensified since Prime Minister Fico’s re-election in September 2023. The survey, conducted by the Investigative Centre of Ján Kuciak (ICJK) within the project Safe.Journalism.sk in 2023, showed Slovak journalists are most frequently targeted with online and verbal attacks. 

 

In the first six months of 2024, MFRR documented a total of 28 press freedom violations targeting 43 media-related persons or entities. Government and public officials were the most common (67.9%) source of violations documented, of which most were related to verbal attacks like discrediting, intimidation, and harassment. 

 

Engagement and advocacy

The MFRR delegation will hold a press conference on November  26, 2024, at 2:30 PM in Bratislava, to present its initial observations and recommendations. An additional press release will be produced shortly after, to further detail the mission’s preliminary findings. Following the mission, the coalition will also disseminate the report based on the mission findings and recommendations. 

 

For further information about the press conference, contact Teona Sekhniashvili at tsekhniashvili@ipi.media or Ronja Koskinen at rkoskinen@ipi.media. 

V dôsledku zhoršujúcej sa slobody tlače organizujú partneri pre slobodu médií advokačnú misiu na Slovensko

Misia má za cieľ podporiť nezávislé médiá a naliehať na štátne orgány, aby rešpektovali slobodu prejavu a slobodu médií

V dňoch 25.-26.novembra 2024 partneri projektu ‘Media Freedom Rapid Response’ (MFRR) uskutočnia solidárnu a zisťovaciu misiu na Slovensko s cieľom posúdiť stav slobody tlače a ďalších obmedzovaní slobody prejavu. 

 

Misiu povedie Medzinárodný tlačový inštitút (IPI) a pridajú sa k nej organizácie ARTICLE 19 Europe, Európska federácia novinárov (EFJ) a Európske centrum pre slobodu tlače a médií (ECPMF).

 

Keďže prostredie pre slobodu prejavu, pluralitu médií a nezávislú žurnalistiku na Slovensku je čoraz nepriateľskejšie, delegácia sa stretne s poprednými mediálnymi organizáciami, obhajcami slobody tlače a politickými predstaviteľmi, aby prediskutovala kľúčové výzvy pre slobodu prejavu a preskúmala možné riešenia.

 

Misia sa zameria na témy, ako je napríklad ovládanie médií, zrušenie RTVS, štvavé kampane namierené proti novinárom, beztrestnosť za trestných činov proti novinárom a kroky potrebné na zosúladenie slovenskej legislatívy s medzinárodnými a európskymi normami.

 

Keďže ochrana slobody prejavu sa zhoršuje na kritickú úroveň, misia prejaví solidaritu s nezávislými médiami a vyzve orgány na Slovensku, aby sa zdržali verbálnych a právnych útokov na ne. Okrem toho pripomenie vláde jej povinnosť vyplývajúcu z medzinárodného práva vytvoriť priaznivé prostredie, v ktorom môžu novinári pracovať slobodne a bez obáv z odvety.

 

Hlavné problémy v oblasti slobody médií

Partneri MFRR už opakovanie vyjadrili hlboké znepokojenie nad zhoršovaním slobody médií na Slovensku. Za hlavné problémy považujeme:

  • Útoky na nezávislosť verejnoprávnych médií: V júli 2024 bola relatívne nezávislá RTVS zrušená a nahradená novou inštitúciou, STVR. Nový zákon umožnil vláde nahradiť vedenie novej inštitúcia vlastnými nominantmi, čo uľahčilo politizáciu STVR.

 

  • Ďalšie pokusy o kontrolu médií: Z výskumu MFRR vyplýva, že slovenský mediálny trh je pod silným vplyvom vlády a partikulárnych (komerčných) záujmov. Existujú jasné dôkazy o nerovnováhe v prideľovaní štátnych prostriedkov na reklamu médiám v dôsledku nedostatočnej regulácie v tejto oblasti. Okrem toho mediálne prostredie zostáva vysoko koncentrované, pričom oligarchická skupina Penta kontroluje významný podiel trhu. Slovenská vláda vyvíja tlak aj na súkromné médiá vrátane TV Markíza.

 

  • Legislatívne a právne opatrenia obmedzujúce slobodu médií a slobodu prejavu: Od septembra 2023 slovenská vláda predložila niekoľko návrhov zákonov, ktoré obmedzujú slobodu médií. Patril medzi ne návrh zákona, ktorý označuje organizácie občianskej spoločnosti, ktoré dostávajú viac ako 5 000 EUR ročne zo zahraničia, ako „podporované zo zahraničia“; novela mediálneho zákona, ktorou sa mení „právo na opravu“ a novela zákona o prístupe k informáciám, ktorá umožňuje štátnym orgánom vyberať poplatky za určité žiadosti o informácie.

 

Premiér Robert Fico tiež nedávno podal žalobu, tzv. ‘SLAPP’ (strategický súdny spor proti účasti na veciach verejných), proti Petrovi Bárdymu, šéfredaktorovi Aktuality.sk, a vydavateľstvu Ringier Slovak Media, ktoré vydalo knihu Fico – posadnutý mocou, za použitie Ficovej fotografie na obálke.

  • Obavy o bezpečnosť novinárov a beztrestnosť za trestné činy proti nim: Obavy o bezpečnosť novinárov sú zosilnené v dôsledku absencie spravodlivosti v prípade vraždy Jána Kuciaka a jeho snúbenice Martiny Kušnírovej v roku 2018. Do dnešného dňa nebola vyvodená úplná spravodlivosť ani za tieto vraždy, ani za iné trestné činy proti novinárom, ako napríklad ich masívne sledovanie „Kočnerovým komandom“ – sieťou osôb platených za dodávanie informácií podnikateľovi.

 

  • Slovné útoky a očierňovacie kampane proti novinárom: Novinári na Slovensku naďalej čelia fyzickým aj online útokom. Tie sa rapídne zintenzívnili od znovuzvolenia premiéra Fica v septembri 2023. Prieskum, ktorý v roku 2023 uskutočnilo Investigatívne centrum Jána Kuciaka (ICJK) v rámci projektu Bezpečná žurnalistika.sk, ukázal, že slovenskí novinári sú najčastejším terčom online a verbálnych útokov.

 

V prvom polroku 2024 MFRR zdokumentovalo celkovo 28 prípadov porušenia slobody tlače, ktorých terčom bolo 43 osôb alebo subjektov súvisiacich s médiami na Slovensku. Najčastejšie – v 67,9 % zdokumentovaných prípadoch – vyšli porušenia zo strany štátnych a verejných činiteľov, pričom vo väčšine išlo o slovné útoky, ako je diskreditácia, zastrašovanie a obťažovanie.

 

Ako možno kontaktovať delegáciu

Delegácia MFRR usporiada 26. novembra 2024 o 14:30 hod. v Bratislave tlačovú konferenciu, na ktorej predstaví svoje prvé zistenia a odporúčania. 

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.

Library

Slovakia’s Prime Minister launches SLAPP case against leading investigative…

Slovakia’s Prime Minister launches SLAPP case against leading investigative journalist

Media freedom groups today condemned the legal action taken by the Prime Minister of Slovakia, Robert Fico, against the editor in chief of Aktuality.sk, Peter Bardy, as well Ringier Slovak Media, the publisher of the book, for the use of a photo of Fico on the cover of the book ‘Fico-Obsessed with Power,’ We call on the court to dismiss the case.

Fico is claiming 100.000 euros from Bardy, and another 100.000 euros from the publisher as compensation for non-material damage caused by the choice of cover photo. Fico’s lawyers claim that Fico has the right to decide how his photograph is used. 

The action has all the hallmarks of a SLAPP, or Strategic Lawsuit Against Public Participation, that is used by the powerful to intimidate journalists and end their investigative reporting.  

The book, which charts Fico’s long political career, includes statements by Fico’s colleagues and political opponents. 

Aktuality.sk is one of Slovakia’s leading news media with a reputation for hard hitting investigative journalism. It was also the home of Jan Kuciak before he was murdered in February 2018 following his exposures into corruption in the heart of the Slovak state during Fico’s last tenure as Prime Minister. The killing of Jan Kuciak and his fiancée, Martina Kusnirova, sparked huge public protests, leading to Fico’s eventual resignation. Fico has regularly blamed the media for his departure. He wasted little time in acting against those he described as ‘enemy media’ after returning to power with the 2023 elections.  

“We are convinced that we have not violated the law, which we will defend and explain in court. And we believe in a fair trial,” said editor-in-chief Peter Bárdy. “If someone wanted to intimidate me with this lawsuit, if it was meant to trigger self-censorship in me, it didn’t work. I will continue to do what I have been doing for almost three decades in journalism and together with the editors of Aktuality.sk, but also with many great journalists from other Slovak media, we will point out problems in the state, criticize politicians, heads of institutions and publish verified information in the public interest. Because that is our job,” 

According to our analysis, the lawsuit fulfills key indicators for a SLAPP. There is an imbalance of power between Fico as the claimant and Bárdy as the defendant, considering Fico’s political influence and the lawsuit targets not only the publisher but also Bárdy in his individual capacity. The lawsuit does not object to the content or the veracity of the information in the book, and the damages requested, namely EUR 100,000 from each defendant, are highly excessive.

The Council of Europe and the European Union have introduced new instruments to counter SLAPPs, including the EU Anti-SLAPP Directive which member states should implement and transpose. Instead of intimidating journalists with SLAPP legal actions, Fico and his government should focus on implementing these standards at the national level.

The Media Freedom Rapid Response consortium and its partners will continue to closely monitor the SLAPP case as well as document it on Mapping Media Freedom and the Council of Europe Platform for the Safety of Journalists.

Signed by:

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

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
Library

Media freedom groups call on Slovakia’s Parliament to reject…

Media freedom groups call on Slovakia’s Parliament to reject public broadcasting bill

Critics warn: proposed law could seriously undermine the independence of  public media

 

Journalists and media freedom groups are urging Slovakia’s MPs to reject the proposed public service broadcasting bill scheduled for parliamentary review next week. Despite recent amendments to the bill, the new structure would lead to the politicisation of the broadcaster in breach of the European Media Freedom Act.

The public broadcasting bill aiming to replace Radio and Television of Slovakia (RTVS) with a new entity, Slovak Television and Radio (STVR), will be discussed by the Parliament next week after its finalisation by the government in May. 

 

If passed into law, the governing coalition will also remove the current Director-General and supervisory board before the end of their legal mandates. 

 

The new Director-General will be appointed by the new Board of STVR, which will consist of nine members, five appointed by the Parliament and four by the Ministry of Culture. All their mandates would start at the same time. This would hand the ruling majority effective control over the Board and, therefore, the Director General, leading to the likely rapid politicisation of the new public television and radio channels.

 

The ruling coalition has persistently accused the public media and its journalists of bias and political activism and has made no secret of its desire to assert control over it through this ‘reform’. 

 

The initial bill, published in March, provoked a string of protests led by RTVS’s journalists who published a petition expressing fear that the new law will create “a tool for political control of RTVS for any government in power”, adding that “free and independent public media should serve all citizens of Slovakia, not the power ambitions of any parties.” 

 

Slovakia’s President, Zuzana Čaputová, European Commission Vice-President Věra Jourová, as well as many international organisations also expressed concerns including that the law may breach provisions for independence laid out in the European Media Freedom Act. 

 

As a result, the government has since withdrawn some of the more vexatious elements of the law, including a provision for a new politically appointed Programme Council to coordinate the programming. 

 

Despite these modifications the bill still provides for the politicisation of the public broadcaster by the government that would fatally compromise its independence. It is therefore still contrary to the European Media Freedom Act’s provisions on the independence of the public media. 

 

Moreover, the law has done nothing to secure sufficient, stable and independent funding which is essential to ensure STVR’s independence and fulfilment of its public service mission. In 2023 Slovakia replaced the licence fee model with direct state funding increasing its dependence on the government.

 

Our organisations have seen how easy it is for governments to undermine the independence of public broadcasters and how serious the effects of such a politicisation can be for society as a whole. 

 

The tragic shooting of Prime Minister Robert Fico against the background of a polarised society shows that the need for pluralistic and independent public media, that can facilitate debate across the political spectrum in a time of crisis, has never been greater. 

Signed by:

  • International Press Institute (IPI)
  • Committee to Protect Journalists (CPJ)
  • European Broadcasting Union (EBU)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • 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.

Library

Slovakia: Independence of Slovakia’s leading TV news channel must…

Slovakia: Independence of Slovakia’s leading TV news channel must be protected

The undersigned members of the Media Freedom Rapid Response are deeply alarmed by the actions of the Slovak government towards Slovakia’s leading commercial broadcaster, TV Markíza, aimed at silencing its critical journalism. We call on Markíza’s owners, the Central European Media Enterprises (CME), to resist the pressure and guarantee the editorial independence of the newsroom.

TV Markiza has been under pressure from the moment the new government was formed in September 2023. Prime Minister Róbert Fico accused it last November of being part of the “enemy media” and quickly threatened to cut contracts for state advertising, which Markíza broadcasts.

 

In December, Markíza’s owners, the Prague-based Central European Media Enterprises (CME), replaced Markíza’s long-time news director, Henrich Krejča, with Michal Kratochvíl, transferred from CME’s Czech broadcaster, Nova TV.

 

On February 28, Markíza staff appealed to the general director, Peter Gažík, claiming Kratochvil was muzzling the news output to reduce political content and avoid confronting the government.

 

The commercial media outlet, TV Markíza was launched in 1996 and quickly became a key player in the country’s media landscape. Its news programming has been particularly influential, with its coverage often setting the agenda for public discourse. In the summer 2023, SMER, the ruling party, announced that its politicians would not take part in pre-election debates on this TV station, due to “disinformation.” Many politicians of the current Fico-led government boycott the channel and threatened it with cuts to state advertisement, increasing the pressure on the newsroom. Meanwhile, there is growing speculation that CEM is under pressure to sell Markíza.

 

The internal crisis at TV Markíza is taking place at the same time as the government attempts to take control over public service media by dissolving Radio and Television of Slovakia (RTVS) and replacing it with Slovak Television and Radio (STaR).

 

MFRR partners previously expressed profound concerns over these developments, emphasizing the need to uphold democratic values and protect press freedom in Slovakia. Our previous calls for the withdrawal of the repressive broadcast law and opposition to government interference in public media underscore the gravity of the situation.

 

We call upon Prime Minister Róbert Fico and his government to cease all attacks, threats, and pressure on independent media, including TV Markíza. Critical media are not the “enemy”. They are a pillar of a democratic society and must be allowed to carry out their watchdog role free from retaliation in any form.

 

In this critical moment, the organizations of the MFRR stand in solidarity with TV Markíza journalists in their calls to defend the outlet’s independent journalism. We urge TV Markíza’s owners (the Central European Media Enterprises – CME) and management to resist external pressures and guarantee editorial independence in the newsroom. They must act decisively to uphold the public’s right to access diverse and independent sources of information.

 

Additionally, we call upon Slovak authorities, regulators, and the country’s newly elected president Peter Pellegrini to uphold media freedom, media pluralism, and allow the media to work free from political pressure. The integrity of the upcoming European elections and the credibility of Slovak democracy depend on it. 

Signed by:

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

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. 

MFRR 3 consortium logos
Library

Call for withdrawal of Slovakia’s repressive broadcast law

Call for withdrawal of Slovakia’s repressive broadcast law

Journalists and media freedom groups call for the urgent withdrawal of a proposed legislation allowing political control over public-service media in Slovakia. The bill threatens independent information, especially before the June European Parliament elections, contradicting the recently voted EU’s Media Freedom Act.

On March 11, the Slovak government announced a plan to dissolve Radio and Television of Slovakia (RTVS) and replace it with the new Slovak Television and Radio (STaR). The Ministry of Culture’s draft law includes drastic changes to the appointment and competence of oversight bodies, which would set up a government control and effectively end the public broadcaster’s independence.

 

Upon the passing of the law, the ruling majority of Prime Minister Robert Fico will replace the Director General of the public media and the members of its oversight body ahead of the previous legal end of their mandates.

 

The new Director-General will be appointed by the new Board of STaR, which will consist of seven members, four appointed by the Parliament, three by the Ministry of Culture, effectively handing the governing parties full control over the Board and the appointment of the Director General. The Board also receives the new power of being able to dismiss the Director without having to provide any grounds, although the ruling coalition has since said they will remove this element following criticism.

 

Moreover, an entirely new institution, the Programme Council, is to be formed in order to coordinate STaR’s programming and ensure its “compliance with the public nature of broadcasting.” Nine out of eleven members of this body will be appointed by Parliament and enable direct political control over editorial policy.

 

The Act on Slovak Television and Radio (STaR) is being rushed through parliament via an abbreviated inter-ministerial and public consultation procedure until March 19. On March 17 Prime Minister Robert Fico called on the Parliament to approve the law in an accelerated legislative procedure starting in April. The bill could hence be approved before the elections to the European Parliament taking place on 8 June.

 

Opposition to the government’s power grab over the public broadcaster is mounting. By March 18, over 1,200 RTVS employees and external collaborators had signed a petition urging the withdrawal of the draft law. The following day, almost three hundred Slovak editors and journalists signed a joint statement denouncing the law, and expressing solidarity with RTVS.

 

Slovak President Zuzana Čaputová joined the critics, saying that the law is likely to violate the principles of free political contest and the prohibition against censorship, as well as being “in direct contradiction with the new European Media Freedom Act” which lays down strict safeguards on the independence of public service media.

 

The bill also goes against the European Commission’s 2023 Rule of Law Report which called on Slovakia to “enhance the independent governance and editorial independence of public service media.”

 

We welcome the statements of European Commission Vice-President Věra Jourová expressing her concerns during the European Parliament debate before the adoption of the European Media Freedom Act on March 12, and later stating that it may lead to the end of independent reporting by public media in Slovakia.

 

The undersigned media freedom organisations condemn the Slovak Television and Radio bill. We are deeply concerned that this bill is designed to enable the political take-over of RTVS and its conversion into a state propaganda outlet in the service of the government.  We call on the Minister of Culture to immediately withdraw the bill.

 

In a joint open letter, we further call on the institutions of the European Union to urgently address this threat to press freedom at the heart of Europe. The political control of public media threatens the integrity of the upcoming European elections by politicising political coverage of the campaigns and denying the public to independent and pluralistic sources of information.

Signed by:

International Press Institute (IPI)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

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. 

MFRR 3 consortium logos
Candles are placed during a march in memory of murdered Slovak journalist Jan Kuciak and his fiancee Martina Kusnirova. Library

Slovakia: Lack of justice for Kuciak and Kušnírová’s assassination…

Slovakia: Lack of justice for Kuciak and Kušnírová’s assassination exacerbated by growing attacks on press freedom

On the sixth anniversary of the brutal killing of investigative reporter Ján Kuciak and his fiancée Martina Kušnírová, the undersigned organisations renew our call for long-awaited justice for their killings and the imperative to break the cycle of impunity. As we remember Ján and Martina, we are alarmed by increasing threats to the rule of law and media freedom in Slovakia, in particular relating to the lack of accountability for crimes, the diminished protection of public watchdogs and the stark erosion of democratic institutions. The undersigned international organisations call on the Slovak authorities to fulfil their obligation to protect freedom of media and expression and to ensure full justice for Ján Kuciak and Martina Kušnírová’s murders. We encourage the EU institutions to take a firm stance in order to prevent the erosion of democracy in the country.

On February 21, 2018, investigative journalist Ján Kuciak and his fiancée Martina Kušnírová were fatally shot at their home. Kuciak, known for his reporting on corruption for Aktuality.sk, had uncovered alleged corruption and tax fraud schemes involving prominent business figures with suspected ties to Prime Minister Robert Fico’s party Smer-SSD and organised crime.

The assassination shocked the country and led to the resignation of Fico and his cabinet. However, six years later, justice remains elusive for the victims’ families, while Fico is again leading the government. Despite the hitmen and intermediaries receiving lengthy prison sentences, the businessman associated with Fico’s party, Marian Kočner, accused of masterminding the crime after threatening the journalist, was twice found not guilty. Following Kocner’s second acquittal in  May 2023, the Supreme Court is now set to rule on the prosecutor’s second appeal. 

 

Risks for the prosecution of the killing

Soon after taking power again, Fico proposed significant legislative changes that threaten media freedom, rule of law and the prosecution of  Kuciak and Kušnírová’s killings.

On 8 February 2024, the Slovak parliament, where the ruling coalition holds a majority, passed in a fast-track procedure a highly contested reform of the criminal code. The amendments aim for the dissolution of the Special Prosecutor’s Office responsible for dealing with the most serious crimes and corruption cases including Kuciak and Kusnirova’s killing. The prosecutor in charge of the case, verbally attacked by Fico, has openly expressed concerns about the future of the further prosecution of those responsible for the assassination.

We reiterate that under international human rights standards, states are obligated to guarantee accountability for any violence, threats, or assaults targeting journalists by conducting impartial, swift, comprehensive, independent, and efficient investigations. UN Human Rights Council Resolution 33/2 explicitly calls for the establishment of specialised investigative units to address crimes against journalists. 

The government initially proposed also a significant weakening of the whistleblower legislation but has recently announced its withdrawal.

The sweeping reform of the criminal code was pushed through despite a vast public protest with tens of thousands of people rallying on the streets and great concern expressed by the EU institutions. Previously in December, the European Commission called on the government not to fast-track the changes to the criminal code and whistleblower legislation. Raising alarm over the continuity of investigation of high-level corruption, the Commission warned Slovakia that it risked causing ‘irreparable damage‘ to the rule of law. The European Public Prosecutor’s Office, responsible for investigating fraud and corruption cases involving EU funds, also cautioned that the legislative changes would ‘seriously affect’ the ability to investigate and prosecute offences under its competence effectively. The new criminal code is now being examined by the Constitutional Court based on President Zuzana Čaputová’s filing.  

 

Threats to media independence

During our fact-finding mission to Slovakia in 2023 we underscored the importance of strengthening the safety of journalists, their access to information and public media independence, all in line with the European standards.. While the police has developed its cooperation with the non-governmental safety mechanism, Safe.Journalism.sk, since its launch a year ago, the other areas unfortunately experienced no progress or even regress. The verbal attacks of Fico and his allies have fueled smear campaigns against critical media outlets. Calling four outlets hostile, the Prime Minister and the Ministers nominated by his party systematically boycott their media inquiries. 

In addition, there are growing concerns about the independence of public broadcaster. In late 2023, the parliament decreased the state funding of RTVS by a staggering 30 percent on a year-by-year basis and proposed to divide the radio and television into two separate companies. The two measures threaten the public media’s independence in the context of open attacks on RTVS and calls for the dismissal of its current leadership by Fico and Andrej Danko, chairman of a junior government party and vice-speaker of the parliament. Danko even admitted that while serving as Speaker of the National Council (2016-2020), he had granted to the previous RTVS director general, nominated by his party, the political approval to appoint a journalist as a moderator of political discussions on public television. The ruling coalition’s discourse and measures regarding RTVS are contrary to our 2022 calls for measures to enhance the public media’s independence..

Moreover, the government and parliament have taken no measures either to protect journalists against gag lawsuits (SLAPPs), or to allow for aggravated sentences for attacks against them, two other demands made by our 2023 mission.

Commemorating Ján Kuciak’s legacy, the undersigned organisations reiterate that combating impunity for crimes against journalists is essential for safeguarding media freedom. Full justice for Ján, Martina, and their families can only be secured when all individuals responsible for the murder are held to account – including those who orchestrated the attack.  Furthermore, we call on Prime Minister Robert Fico and the Slovak government to refrain from further actions that weaken the resilience of Slovakia’s media environment. On the contrary, the authorities must create an enabling environment for journalists and adopt effective measures to increase the safety of journalists and the independence of the media. Finally, following the critical resolution on Slovakia adopted by the European Parliament in January, we encourage EU institutions to take a firm stance to effectively prevent the erosion of democracy in the country.

Signed by:

ARTICLE 19 Europe

Committee to Protect Journalists (CPJ)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

International Press Institute (IPI)

The Investigative Center of Ján Kuciak (ICJK)

OBC Transeuropa (OBCT)

Free Press Unlimited (FPU)

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.

MFRR 3 consortium logos
Event

The true cost of journalism: Ongoing impunity cases in…

The true cost of journalism:

Ongoing impunity cases in Europe

19 February, 11:00 CET.

On 21 February 2018, journalist Ján Kuciak and his fiancée Martina Kušnírová were murdered in Veľká Mača, Slovakia. The assassination sparked mass protests and the eventual resignation of Prime Minister Robert Fico. Although those who ordered and carried out the murder have been found guilty and sentenced to time in prison, the alleged mastermind was acquitted in May 2023.

 

During the latest MFRR webinar, marking the sixth anniversary of the murder of Ján Kuciak and Martina Kušnírová, panellists will discuss ongoing impunity cases for crimes against journalists in Europe with a spotlight on Slovakia, Turkey, and Serbia.

Register here

Moderator

Jasmijn de Zeeuw

Legal Advisor, Free Press Unlimited

Speakers

Massimo Moratti

Osservatorio Balcani e Caucaso Transeuropa (OBC Transeuropa)

Barış Altıntaş

Co-Director, Media and Law Studies Association (MLSA)

Lukas Diko

Editor-in-Chief, Investigative Center of Jan Kuciak

Library

Slovakia: New PM rages against media while Culture Minister…

Slovakia: New PM rages against media while Culture Minister plans future of public service media

Robert Fico and his Smer party have returned to power in Slovakia. The politician who was forced to resign as prime minister after the murder of journalist Ján Kuciak in 2018 is back at the head of a new governing coalition creating deep unease among Slovakia’s journalists about the future for media freedoms and public service journalism.

 

By IPI contributor Peter Hanak

On Sunday November 12, Fico published a ten minute video tirade against independent news organisations where he singles out TV Markiza, the dailies SME and Dennik N, and website Aktuality as ‘enemy media’.

Promising that he is “not a dog that only barks”, Fico then warns that TV Markiza’s advertising revenue will be at risk when he instructs his people in government to both “deal with the TV financially” and to “look into Markiza’s ‘monopolist behaviour’”.

On Monday November 13, Fico then issued a press release announcing the four news organizations are not welcome at the premises of the Government Office of the Slovak Republic adding that “We will review their access and work. Until then, they are uninvited guests.”

The new government had already signalled its intent by handing the ministry of culture, together with its media portfolio, to the Slovak National Party (SNS), which calls for the dissolution of public service media while also boycotting most traditional media.

The new Slovakian government is formed by a coalition of Smer, Hlas and SNS. Hlas is a new party, led by Peter Pellegrini, a former leading Smer politician who replaced Fico as prime minister, after Fico‘s forced resignation in 2018, until Smer was defeated in the 2020 elections. SNS are seen as right wing radicals with many of their newly elected members of parliament and candidates for government posts having made their reputations as stars of the disinformation scene including pro-Russian influencers, famous for spreading hoaxes and misinformation.

The new minister of culture is Martina Šimkovičová, a former TV anchor who was fired from the mainstream TV Markíza for racist comments in 2015. The following year she was elected to parliament on an anti-migration ticket and subsequently became a superstar of the pro-Russian disinformation scene. She is one of the main figures behind the SNS call for a ‘boycott of traditional media“. SNS ignore most of the interview requests and refuse to answer questions from the independent and critical media operating outside oligarch ownership. SNS refused access to journalists from the daily Sme, Denník N and Aktuality to their post-election press conference.

SNS, with support from Smer, promises to favour the disinformation media. Several of their politicians have stated that they could give exclusive access to information for websites known for their pro-Russian propaganda, some of which were banned for a short period at the beginning of the Russian invasion of Ukraine. A Smer friendly website, Ereport, (owned by Mr. Flašík, a former Smer campaign strategist) is usually allowed to ask the first question at press conferences of the new coalition.

Even more worrying is what the government may be planning for the public service media, Rozhlas a televízia Slovenska (RTVS). In 2017, SNS leader Andrej Danko called for the replacement of public service media with ‘state media’ before his party helped orchestrate the political capture of RTVS. The new chairman of the parliamentary media and culture committee, SNS MP Roman Michelko, campaigned to dissolve RTVS altogether. He recently confirmed for Aktuality that the official programme of the new government will include the dissolution of RTVS into two separate entities, Slovak Television and Slovak Radio, as they existed before 2011. Prime Minister Fico also speculated about the future of RTVS while introducing the new minister of culture, saying, “It is hard to talk about the Slovak Television and Slovak Radio as public service, because this institution has rarely fulfilled this role.”

Journalists fear that the split of RTVS could make it easier for the political parties to establish and divide political control over public broadcasting by appointing their allies onto the board and into senior positions. MP Michelko has admitted that they might nominate members of the boards of the two new institutions that will be in line with the political values of the governing coalition.

Smer itself is a populist party with pro-Russian sympathies, feeding off anti-immigrant sentiment that campaigned to end the delivery of military help to Ukraine. Fico makes no secret of being inspired by Viktor Orbán mimicking his anti-journalist rhetoric and calls to label NGOs as ‘foreign agents’.

Fico’s attacks on journalists include calling them “idiots“, “hyenas“ and “dirty anti-Slovak prostitutes“. Fico also blamed the media for his 2018 resignation, claiming reporters had unfairly connected him and his party to the murder of journalist Ján Kuciak and his fiancé, Martina Kusnirova. One theory at the time was that Italy’s Ndrangheta mafia may have sought to silence Kuciak because he had been working on a story exploring the connections between the mafia and Fico. The investigation subsequently prosecuted Marián Kočner (twice acquitted, but awaiting the results of an appeal) for the murders. Kočner was close to the oligarch Norbert Bodor and leaked communications between the two reveal them referring to Fico as ‘the boss’. At one point Fico and Bodor were charged with forming an organized criminal group, though the charges were later dropped by the Slovak general prosecution.

One more worrying development in the Slovak media market was announced just after the election. The oligarchic group Penta, has expanded its investments in the Slovak media to take over the largest daily tabloid newspaper, Nový Čas. The deal is still under review by the competition authority, but should it go through Penta will have a near monopoly on the Slovak tabloid newspaper market. Penta has been repeatedly accused of helping the Smer and Hlas parties by using their media to campaign against their political opponents. Over the last few years, Penta media published dozens of negative articles on the police and prosecutors to discredit investigations into Smer politicians and supporters for corruption or misuse of power.

In conclusion, it is clear that Slovak journalists can expect to face increased pressure and a government averse to accountable journalism. Under the previous Smer and SNS coalition government independent journalists were cast out of the public broadcaster, while dozens of investigative journalists were put under surveillance by corrupt police officials accused of being in the pay of Norbert Bodor. Leaked communications were used to discredit journalists and the persistent verbal attacks on critical journalists by Smer and SNS politicians created an atmosphere of threats and hostility in which the murder of Jan Kuciak and Martina Kusnirova became possible.

Nearly six years after their deaths Fico’s Sunday tirade against journalists will have shocked many but surprised few. Slovak journalists are once again bracing themselves for turbulent times.

This article was authored by Peter Hanak, journalist for the Slovak news site Aktuality.sk and author of IPI’s report ‘Media Capture in Slovakia: a story of fragile pluralism, media resilience and the struggle against corruption’. It was published by IPI as part of the Media Freedom Rapid Response programme

MFRR 3 consortium logos
Library

Slovakia: Profound disappointment as suspected mastermind in Ján Kuciak…

Slovakia: Profound disappointment as suspected mastermind in Ján Kuciak murder acquitted again

Following today’s acquittal of the suspected mastermind in the killing of Slovak journalist Ján Kuciak, we, the undersigned international media freedom and journalist organisations, express our profound disappointment, renew our calls for justice and convey our steadfast solidarity with the families of Ján Kuciak and his fiancée Martina Kušnírová.

This acquittal of businessman Marian Kočner, which was announced earlier today following a retrial at the Specialized Criminal Court, represents another devastating blow to the fight for full justice for Ján and Martina’s killing. The judges voted 2:1 to find Kočner not guilty of ordering the 2018 assassination.

The judges did convict Alena Zsuzsová, a close associate of Kočner, of ordering the hit and sentenced her to 25 years in prison. She was also convicted of ordering the murder of two Slovak prosecutors. Both her and Kočner’s verdicts, which come after the Supreme Court revoked the initial acquittals in June 2021, can be appealed.

Kuciak and Kušnírová were shot dead in their home outside Bratislava on 21 February 2018. Judges again ruled that prosecutors had not presented the concrete evidence necessary to rule beyond reasonable doubt that Kočner – a businessman with links to Slovakia’s political, judicial and security elite – had ordered the journalist’s death. Both he and Zsuzsová are currently serving lengthy sentences for other crimes.

Our first thoughts go to Ján and Martina’s families, who have endured years of painful court hearings and who have yet again been denied full justice and accountability. We share their intense frustration regarding Kočner’s verdict and stand in full solidarity with the couple’s family, loved ones and colleagues at this difficult time.

This repeated failure to secure the conviction of the suspected mastermind is another damaging setback in the fight against impunity for the murder of journalists in Slovakia, and in Europe. This case follows an all-too-common pattern in which the hitmen and facilitators involved in such crimes are put behind bars while the suspected masterminds who ordered the murder evade justice.

Another acquittal for the most serious crime against journalism in Slovakia’s modern history also has worrying implications for the fragile media freedom progress made within the country in recent years. As we process this disappointing setback, we remain as committed as ever to securing full justice for Ján and Martina and will support the families during the appeal to the Supreme Court.

Those who order the killing of a journalist cannot be allowed to act with impunity. The fight for justice will continue.

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.

MFRR 3 consortium logos
Media capture Slovakia Library

Slovakia: A story of fragile pluralism, media resilience and…

Slovakia: A story of fragile pluralism, media resilience and the struggle against corruption

As part of the MFRR, the International Press Institute (IPI) today published the new report ‘Media Capture in Slovakia: A story of fragile pluralism, media resilience and the struggle against corruption’.

The report, authored by Peter Hanák, explores the extent of media capture in Slovakia.

Overall, the report finds that media pluralism remains relatively strong compared with Slovakia’s neighbours in the Visegrád region.  While the power of media oligarchs in the country remains problematic, there is a resilient independent media sector.

Nevertheless, a number of challenges exist that require both vigilance and reforms. Examples of the instrumentalization of media abound in particular as politicians and oligarchs have used media over which they have influence to discredit critical journalism and undermine efforts to prosecute the high levels of corruption exposed following the murder of investigative journalist Ján Kuciak and his fiancée, Martina Kusnirova, in 2018.

Though the public broadcaster, RTV Slovakia, currently enjoys relatively low levels of political pressure, it has a history of vulnerability to political interference and securing its stability and independence should be a priority. The failure of the government to depoliticize the appointments process and to finalise reforms over its financing leaves it highly vulnerable to political capture in the future.

Media regulators, while enjoying a level of relative pluralism in part due to Slovakia’s fragmented political landscape, still suffer from a political  appointments process that affects the perceived levels of impartiality and professionalism of these bodies. Reforming the appointments process to prioritize criteria of professional expertise and political independence would greatly enhance the capacity and legitimacy of these bodies.

The distribution of state advertising remains highly vulnerable to abuse by politicians seeking to reward political allies in the media. This risk can be addressed by bolstering transparency and introducing rules that ensure all distribution decisions are based on objective, proportionate and non-discriminatory criteria.

Recent reforms to bolster independent journalism and press freedom have helped produce progress on safety and source protection, and by many measures the media is in good shape. However, vigilance and further reforms are required to shore up the country’s defenses against media capture to strengthen the independent press, and the report makes a number of recommendations to this end. With elections due in September there is fear that the progress made in recent years may be rapidly unwound. Moreover, while not directly related to media capture, the continued impunity for the masterminds of the murder of Kuciak and Kusnirova continues to cast a shadow over journalism in the country.

The report was commissioned as part of IPI’s series of reports into media capture in Central and Eastern Europe, which involves the capture of once-independent media houses by vested political or business interests, which collude to control the narrative and serve their own political and financial ends.In return for state advertising funds and lucrative contracts in other industries, governments and oligarchs find mutual benefits in media offering positive, compliant coverage. This stealth-like takeover of news media by oligarchic owners working with state authorities in many central and eastern European countries has severely distorted the free flow of information and eroded media pluralism, with deeply damaging effects on democracy.

For more information on IPI’s work on media capture in Europe please follow this link.

The report was published with the support of the Friedrich Naumann Foundation and as part of IPI’s programme of work in the Media Freedom Rapid Response (MFRR), a project which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.  MFRR is supported by funding from the European Commission.

Download the report

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. 

MFRR 3 consortium logos