2 years on, Ukrainian journalists still pay a heavy…

2 years on, Ukrainian journalists still pay a heavy price for the war

February 24 marks two years since the start of Russia’s full-scale invasion of Ukraine. Today, the organizations of the Media Freedom Rapid Response (MFRR) reaffirm our solidarity with Ukrainian journalists and call for their safety to be ensured, full freedom to report, and a renewed effort to provide the necessary financial, technical support to continue their work.

Over the past two years Ukraine’s journalists have demonstrated incredible courage and resilience in covering the horrors of this war for their communities and the outside world, often at great personal sacrifice.

We call for continued international support for Ukrainian media to address the safety threats from Russia’s military as well as the economic crisis wrought by the war.

We repeat our demand for Russia to comply with international humanitarian law and refrain from all attacks on journalists as well as to investigate the numerous cases in which its forces are implicated in such attacks.

To date, at least 11 media workers have been killed in the line of duty while 34 more have suffered injuries covering the invasion.

While the number of direct attacks on journalists covering the war dropped in 2023 as military activity became centered around fixed lines, journalists on the front lines continue to face great risks. At least 12 journalists were injured in 2023 covering the war.

The Ukraine War Press Freedom Tracker kept by the International Press Institute (IPI), an MFRR partner, has recorded 404 instances of attacks on media in Ukraine, the vast majority of which have been perpetrated by Russian forces or Russian occupying authorities.

Ukrainian media outlets also frequently face cyber attacks which prevent them from reporting on the war. While it is impossible to identify the sources of these attacks, Russia is frequently accused of having orchestrated them, with multiple instances recorded in which leading Ukrainian websites were hacked in order to publish pro-Russian content.

Meanwhile, at least 17 journalists who worked in occupied Ukrainian territory remain jailed by Russia as Russian authorities seek to stamp out any dissenting voices in occupied regions.

Standing up to the obvious security challenges, as well as to the tremendous economic pressure facing the media sector of a country at war, Ukrainian journalists continue not only to shed light on the war crimes committed by invading Russian forces, but also to hold their own government accountable.

Internal issues multiply in parallel to the war

While Russian authorities are is responsible for the majority of safety threats facing Ukrainian journalists, MFRR monitoring also shows that Ukrainian journalists increasingly face obstacles created by domestic actors as they continue their watchdog work at home.

In 2023, MFRR recorded 31 incidents in which Ukrainian authorities refused to provide information or otherwise hindered the work of journalists, in most cases using the war as an excuse.

Journalists are also being increasingly harassed and intimidated by other actors for their ‘lack of patriotism’. The leading investigative reporter, Yuri Nikolov, was recently harassed at his home by unknown persons, who then posted a video of their visit, accusing Nikolov of evading military service.

Meanwhile, persons linked to the Security Service of Ukraine (SBU) tried to discredit journalists at the investigative outlet Bihus.info after conducting systematic surveillance against them. In a powerful demonstration of solidarity, Ukraine’s journalists rallied around their colleagues forcing the eventual dismissal of the senior civil servant allegedly responsible for the surveillance.

The struggle continues, in Ukraine and abroad

Despite these successes, Ukrainian media remain in a dire position. The country’s advertising market has dropped by two-thirds since the start of Russia’s full-scale invasion, which has led to a tremendous loss of revenue.

Until stable business models again become viable, MFRR partners call on the international community and European stakeholders in particular to renew and expand its commitment to long term financial support for Ukrainian’s media.

Without ongoing support, Ukraine’s media may cease to be able to continue to inform the world about the state of the war and the sacrifices made by so many journalists will have been in vain.

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)

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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Bosnia and Herzegovina: Recommendations to national and entity level…

Bosnia and Herzegovina: Recommendations to national and entity level authorities to improve media freedom standards

Following a fact-finding mission to Bosnia and Herzegovina in October 2023, the partner organisations of the Media Freedom Rapid Response (MFRR) and the South East Europe Media Organisation (SEEMO) published a report assessing the state of media freedom in three key areas: the legislative initiatives, the safety of journalists, and the public service media.

The report includes a set of recommendations to national and entity level authorities and the international community, which we believe are vital for the country’s democratic development and accession process to the European Union. We invite other media freedom and journalists’ organisations to support by adding their signatures using the button below.

Add your signature

Recommendations

Specific recommendations to Republika Srpska authorities

Immediately repeal the legislative provisions that re-criminalised defamation in Republika Srpska;
Discontinue all criminal cases that have been initiated on the basis of the criminal defamation law;
Prioritise media self-regulation in addressing defamation concerns, particularly the right of reply and correction, and ensure that civil defamation laws contain safeguards against SLAPPs and other abuses;
End all intimidating practices against journalists and media actors by public officials, including verbal attacks, smears, harassment and threats
Publicly condemn, investigate and effectively prosecute all criminal attacks on journalists and media outlets;
Immediately and definitively withdraw the “foreign agent” draft legislation and refrain from imposing any discriminatory regulatory requirements for civil society organisations or media based on the origin of the funding that they receive;
Ensure an inclusive, transparent and human rights rooted process in the drafting of the pending media law
End all interference with the RTRS’s editorial policy, so that journalists and editors are free to work in the interest of the public in the Republic of Srpska and apply the recommendations of the Council of Europe on the obligations of public broadcasting and the availability of accurate, objective, plural and balanced information;
In line with existing legislation on the Public Broadcasting System to Bosnia and Herzegovina, take appropriate steps to ensure that RTRS pays its fair and legally mandated contribution to the public broadcaster at state level BHRT.

Recommendations to state, entity and district authorities

Immediately and definitively revoke any kind of regulation of journalistic reporting or other expressions based on their perceived veracity, including ‘fake news’ regulations, at any level of government in Bosnia;
Ensure an inclusive, transparent, and human rights based approach in the development of any legislative initiatives that concern the rights to freedom of expression and freedom of information at any level of government in Bosnia;
Promote proactive disclosure of government-held information and ensure a viable system of requests for information of public interest with narrowly construed exceptions and an effective appeal mechanism;
Refrain from promulgating regulations that obstruct media and NGO work by creating excessive administrative requirements such as onerous reporting, registration, or public disclosure rules;
Develop a national-level safety plan to advance media freedoms and protection of journalists, involving police and prosecutorial authorities, in cooperation with journalist associations, media groups and international organisations
Publicly condemn, investigate, and prosecute any and all serious physical and verbal attacks on journalists and media outlets;
Ensure an effective system of remedy and reparation for journalists who become victims of attacks;
Uphold the fundamental principle that any regulation of the media should only be undertaken by bodies which are independent of the government, which are publicly accountable, and which operate transparently;
Restore public trust in the media through providing support for professional and ethical reporting, especially with the introduction of media and information literacy in formal education and providing opportunities for training journalists on access to information, digital security or physical safety.
Guarantee long-term and sustainable financing for the national and entity level public service broadcasters under the media law and provide professional support to journalists working within public media to cope with workplace stress;
Guarantee editorial and institutional independence of public service media
Ensure adequate financing for the Communication Regulatory Agency and strengthen the body’s independence by guaranteeing independent and fair elections of its board members based on strict professional criteria and relevant experience, rather than political considerations;
Work with the BH Journalists Association to develop and pass national law on media ownership, including stronger regulations on the transparency beneficial ownership and the prevention of undue media concentration;
Implement a new law overseeing the allocation of public advertising and all other forms of state subsidies to public service, commercial, and community media on strict criteria, to ensure transparent and equitable distribution based on clear market principles rather than political affiliation;
Bolster independent and watchdog journalism and local media, establish a public fund for pluralistic journalism, administered on an annual basis by an independent body on a grant-basis, with a public database detailing the allocation of funding for journalistic projects on the basis of transparent, fair and neutral criteria.

Recommendations to the international community

Closely coordinate and unify positions and strategies among international organisations based in Bosnia and Herzegovina to improve media freedom and journalists’ safety;
Systematically stand in solidarity with attacked journalists and media outlets and support remedy and reparation options for the victims of attacks;
Provide deeper support to independent quality journalism in Bosnia, including through grants, training, and media literacy programmes;
Robustly use diplomatic leverage to uphold media freedom and freedom of expression in the country;
Make media freedom and freedom of expression a top priority in the EU accession negotiations.

Add your signature

Signed:

ARTICLE 19 Europe

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

OBC Transeuropa (OBCT)

International Press Institute (IPI)

South East Europe Media Organisation (SEEMO)

Trade Union of Croatian Journalists

Individuals

Rubina Čengić, Freelance journalist

Maja Sever, Trade Union of Croatian journalists

Ajdin Kamber, Freelance journalist

Antoinette Nikolova, Balkan Free Media Initiative

Tamara Filipovic, Independent Journalists’ Association of Serbia

Špela Cvitković-Iličić, HRT

Selma Fukelj, Mediacentar Sarajevo

Antoinette Nikolova, Balkan Free Media Initiative

Velida Kulenovic, Correspondent of the Radio of BiH Federation

Máire Rowland, Coalition For Women In Journalism

Dragana Dardic, Helsinki Citizens’ Assembly Banjaluka

Siniša Vukelić, CAPITAL.ba

Branko Ćulibrk, Centar za mlade KVART Prijedor

Marko Divković President, BH Journalists Association

Borka Rudić, Female Journalists Network in Bosnia and Herzegovina

Brankica Smiljanić, Freelance journalist

Ljiljana Smiljanic, Al Jazeera Balkans

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Bosnia and Herzegovina: Republika Srpska president Dodik verbally attacks…

Bosnia and Herzegovina: Republika Srpska president Dodik verbally attacks journalist

The undersigned partner organisations of the Media Freedom Rapid Response (MFRR) and South East Europe Media Organisation (SEEMO) today condemn the insulting and threatening behaviour of the President of Republika Srpska, Milorad Dodik, towards journalist Snezana Mitrović and her employer N1 television. We call on the politician to publicly apologise and end all intimidating practices against all media in the future.

Our organisations further warn that this aggressive rhetoric towards a member of the media, and indications of state monitoring of media, are the latest examples in a decades-long list of pressure by Dodik against journalists and independent media in the Republika Srpska, one of the two entities of Bosnia and Herzegovina.

As outlined following a recent mission to the country organised by the MFRR, this hostility towards critical journalism in Republika Srpska – particularly from Dodik himself – poses a threat to media freedom and is contributing to insecurity amongst the journalistic community.

The outburst against Mitrović, a reporter with channel N1 television, stemmed from a press conference on November 16 in which she had asked Dodik a question about his connections to a number of individuals recently arrested in a drug trafficking operation by police.

At the press conference, Dodik reacted aggressively and accused her television station N1 of lying, pursuing an “anti-Serbian narrative” and actively seeking to “destroy” Republika Srpska. He then grabbed the microphone out of her hand in an inappropriate manner and threatened the N1 team by telling them: “Do you think we don’t have a service that follows what you are doing?”.

After the event, Mitrović received a personal phone call from Dodik in which he shouted at her again and insulted her using curse words, N1 reported. Dodik told her he was unhappy at the news report which N1 had published about the press conference.

Our organisations condemn the threatening and dangerous language used by Dodik at both the press conference and that used during the phone call, which represents an unacceptable verbal attack on a professional journalist.

Unfortunately, this type of behaviour has continued with impunity for years. Dodik has repeatedly labelled critical journalists as traitors and enemies of the state, and made threats against them, including multiple verbal attacks on female journalists. When questioned about this rhetoric, government officials play down the matter. In reality, this language is aimed at isolating and discrediting those who continue to ask sensitive questions and hold power to account. It also normalises wider attacks on members of the press by citizens in Republika Srpska and beyond.

Our organisations support the BH Journalists Association in its consideration of legal options, including the possible filing of a criminal report. The suggestion that government entities are monitoring the work of N1 and potentially other independent media in the country must also be addressed with the utmost seriousness and a potential investigation.

The MFRR and SEEMO welcome the swift response of domestic and regional media associations in condemning the verbal attack against Mitrović and offering support. Our organisations stand behind Snezana Mitrović, her media outlet N1, and all those journalists in Republika Srpska who continue to carry out her public service mission and ask tough questions in an increasingly hostile climate.

We jointly call on Milorad Dodik to apologise publicly for his behaviour and to publicly commit to ensuring that all future communication with and about journalists will be conducted in a professional manner befitting the stature of the public office he holds.

Signed by:

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

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Italy: MFRR partners condemn summons of RAI presenter Sigfrido…

Italy: MFRR partners condemn summons of RAI presenter Sigfrido Ranucci

In a collective statement released today, the partner organisations of the Media Freedom Rapid Response (MFRR) condemn the summoning of Sigfrido Ranucci, a prominent presenter at Radiotelevisione Italiana (RAI), by the Parliamentary Committee responsible for the oversight of radio and TV broadcasting. This development is viewed as a clear act of intimidation, specifically aimed at an independent investigative TV programme that has consistently produced critical reports on various members of the current government.

The partner organisations of the Media Freedom Rapid Response (MFRR) today condemn the summoning of Radiotelevisione Italiana (RAI) presenter Sigfrido Ranucci by the Parliamentary Committee for the general direction and supervision of radio and TV broadcasting. We see this summons as another intimidation practice targeting an independent investigative TV programme, whose reporting has been critical of a number of members of the current government.

Our organisations also urge the Italian Parliament to guarantee the independence of the Italian public service broadcaster (RAI) and halt unjustified political interference on its journalistic output.

On 25 October 2023, representatives of the hard-right government coalition voted to summon Ranucci in his capacity as deputy director of RAI In-Depth Broadcast Directorate (Direzione Approfondimento). The Committee is chaired by the opposition party Five Star Movement and consists of a group of 40 senators and deputies, its composition reflecting the parliamentary configuration.

Ranucci appeared before the committee on 7 November alongside Paolo Corsini, who chairs the Directorate. This was the first time that the Parliamentary Committee has singled out the authors of a particular TV show for summons and questioning. On paper, the hearing was called to discuss the general criteria regarding RAI’s investigative broadcasting. However, the parliamentary questioning ended up focusing exclusively on Ranucci’s investigative show, Report and its finances.

Throughout the past 27 years, Report has investigated numerous important public interest matters ranging from politics to corruption to the environment. The previous month, two investigative episodes broadcasted by Report sparked hostile reactions among members of the ruling coalition: one episode was about the president of the senate Ignazio La Russa and the other on the late president of coalition partner Forza Italia, Silvio Berlusconi.

During the hearing, Ranucci defended the program’s independence and presented data on audience shares, providing evidence of Reports’ consistent viewers’ trends and budget allocation. He reminded the Committee how Report’s journalists have been brought to court 178 times and never found guilty.

The tone of the parliamentary interaction and the circumstances in which the hearing was called signal an increasing risk of political interference to independent public service broadcasting and media freedom in Italy.

The MFRR acknowledges that RAI’s independence is under renewed pressure, after the announcement of significant budget cuts, and the previous resignation of its CEO and other major politically-influenced internal management changes.

We condemn this summons as an act of unjustified pressure and intimidation against Report’s independent investigative work, and we are alarmed by the threatening signal it sends to the Italian media community. We also express our deep concern for the mocking behaviour shown by some members of the governing coalition during the summons.

Along with Italian civil society and the Italian trade union of journalists Federazione Nazionale Stampa Italiana (FNSI), we stand strong in support of Ranucci and Report. We renew our call to the Italian Parliament to enact a legislation aimed at safeguarding public service media from unwarranted interference and ensuring its financial support, in line with the European Media Freedom Act’s proposal.

Signed by:

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

Italia: i partner MFRR condannano la convocazione del conduttore RAI Sigfrido Ranucci

Le organizzazioni partner del consorzio Media Freedom Rapid Response (MFRR) condannano oggi la convocazione del conduttore della Radiotelevisione Italiana (RAI) Sigfrido Ranucci da parte della Commissione parlamentare per la direzione generale e la vigilanza sulle trasmissioni radiofoniche e televisive. Consideriamo questa convocazione come un altro atto intimidatorio nei confronti di un programma di giornalismo investigativo indipendente i cui servizi sono stati critici nei confronti di numerosi membri dell’attuale governo.

Le nostre organizzazioni sollecitano inoltre il Parlamento italiano a garantire l’indipendenza del servizio pubblico televisivo (RAI) e a porre fine alle ingiustificate ingerenze politiche sulla sua produzione giornalistica.

Il 25 ottobre 2023, i rappresentanti della coalizione di governo di estrema destra hanno votato per convocare Ranucci in qualità di vicedirettore della Direzione Approfondimento della RAI. La Commissione è presieduta dal partito di opposizione Movimento Cinque Stelle ed è composta da 40 senatori e deputati scelti in modo da riflettere la configurazione parlamentare.

Ranucci è comparso davanti alla Commissione il 7 novembre insieme a Paolo Corsini, che presiede il Direttivo. È la prima volta che la Commissione parlamentare convoca e interroga gli autori di un programma televisivo. Sulla carta l’udienza era convocata per discutere i criteri generali riguardanti l’attività investigativa della Rai, ma l’interrogazione parlamentare si è concentrata esclusivamente sul programma d’inchiesta di Ranucci, Report, e sulle sue finanze.

Nel corso degli ultimi 27 anni, Report ha indagato su numerose importanti questioni di interesse pubblico che vanno dalla politica alla corruzione all’ambiente. Il mese precedente, due inchieste avevano suscitato reazioni ostili tra i membri della coalizione di governo: una riguardava il presidente del Senato Ignazio La Russa e l’altra il defunto presidente del partito partner di coalizione Forza Italia, Silvio Berlusconi.

Durante l’udienza, Ranucci ha ribadito l’indipendenza del programma e ha presentato i dati sugli ascolti, fornendo prove dell’andamento stabile del programma e dell’allocazione del budget. Ha inoltre ricordato alla Commissione come i giornalisti di Report siano stati portati in tribunale 178 volte e mai trovati colpevoli.

Il tono dell’udienza parlamentare e le circostanze in cui è stata convocata l’udienza segnalano un crescente rischio di ingerenza politica nel servizio pubblico indipendente e nella libertà dei media in Italia.

MFRR nota che l’indipendenza della RAI è sotto rinnovata pressione dopo l’annuncio di significativi tagli al budget, le precedenti dimissioni del suo amministratore delegato e altri importanti cambiamenti al management interno dettati da influenze politiche.

Condanniamo questa convocazione come un atto ingiustificato di pressione e intimidazione contro il lavoro investigativo indipendente di Report e siamo allarmati dal segnale minaccioso che invia alla comunità dei media italiani. Esprimiamo inoltre la nostra profonda preoccupazione per l’atteggiamento beffardo mostrato da alcuni membri della coalizione di governo nel corso della convocazione.

Insieme alla società civile italiana e al sindacato italiano dei giornalisti Federazione Nazionale Stampa Italiana (FNSI), ribadiamo il nostro sostegno a Ranucci ed a Report. Rinnoviamo il nostro appello al Parlamento italiano affinché promulghi una legislazione volta a salvaguardare i media di servizio pubblico da interferenze ingiustificate e ad assicurarne il sostegno economico in linea con la proposta dell’European Media Freedom Act.

Signed by:

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

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Turkey: International groups condemn arrest of journalist Tolga Şardan

The undersigned media freedom, freedom of expression, human rights and journalists’ organizsations strongly condemn the arrest of seasoned journalist Tolga Şardan in Ankara.

Turkish translation available here.

On the occasion of the International Day to End Impunity for Crimes Against Journalists (IDEI), the undersigned groups demand that instead of punishing journalists for informing the public, Turkey’s judiciary should hold accountable those violating press freedom in the country.

On November 1, Tolga Şardan, a journalist for the independent T24 news website, was detained in connection with his October 31, T24 article titled “What is in the ‘judicial report’ submitted by the National Intelligence Agency (MİT) to the Presidency?” which discusses a report on corruption in the justice system allegedly commissioned from Turkey’s National Intelligence Agency (MİT) by the President’s office. The Center for Combating Disinformation under the Presidency’s Communications Directorate refuted the existence of the MİT report on November 1 in a post on the X platform. Şardan’s article was blocked on November 2.

Şardan’s news article was the latest in a series of investigative reports of hard-hitting allegations of corruption in Turkey’s justice system which fall squarely within the frame of legitimate public concern. All of these reports were blocked online by court orders.

The Istanbul Chief Public Prosecutor’s Office issued a statement stating that Şardan was under investigation on the charge of “publicly disseminating misleading information” under Article 217/A of Law No. 5237. This article is regulated under the so-called “disinformation law” introduced in October 2022 and those convicted face a prison sentence of up to three years for the offense.

After being detained, Şardan was brought to the Ankara courthouse where he testified before a prosecutor. “My article constitutes journalistic work carried out with the sole purpose of informing the public”, said Şardan, denying the allegations and demanded his immediate release. Şardan’s legal counsel added that the prosecutor should have started an investigation into the allegations raised in Şardan’s article instead of arresting his client.

Following his statement, the prosecutor transferred Şardan to the court on duty, with a request for his arrest. The court arrested Şardan and transferred the journalist to a prison in Ankara’s Sincan district. As the basis for its arrest decision, the court incorrectly cited Şardan’s alleged offense as one falling under the category of so-called “catalogue crimes” provided in Article 100/3 of the Turkish Criminal Procedure Code, which includes a list of offenses that call for immediate arrest of the suspect. However, Article 217/A of Law No. 5237 does not fall under the scope of this article.

Since its passing, the Disinformation Law has been used at least 12 times to target journalists for their news reporting. On the day of the passing of the law, Hakan Çavuşoğlu, the governing party’s representative and former head of the Parliament’s Human Rights Investigative Committee told a visiting international press freedom delegation to Turkey that the law would not be used against journalists but had been passed only to deter people from sharing false information in times of upheaval and during emergency situations such as acute disasters. Earlier this year, journalist Sinan Aygül became the first journalist to be convicted under the Disinformation Law. Şardan’s arrest marks the 13th alert on Mapping Media Freedom concerning Disinformation Law cases reported in Turkey over the past year.

We therefore call on the Turkish authorities to immediately release Tolga Şardan from pretrial detention, and drop all charges against him. Authorities must end the systematic judicial harassment against him and other journalists, including the right to freedom of expression and media freedom in the country. We reiterate our solidarity with all the journalists arbitrarily detained in Turkey. Journalism is not a crime and every minute a journalist spends behind bars for their legitimate reporting and journalistic work is a violation of freedom of expression and media freedom. This must stop.

Signed by:

Article 19
Amnesty International
Association of Journalists (GC)
Coalition For Women In Journalism (CFWIJ)
Committee to Protect Journalists (CPJ)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Foreign Media Association (FMA)
Freedom House
Human Rights Watch
International Press Institute (IPI)
KulturForum TürkeiDeutschland
Media and Law Studies Association (MLSA)
Osservatorio Balcani Caucaso Transeuropa (OBC Transeuropa)
PEN Norway
Platform for Independent Journalism (P24)
Progressive Journalists Association (ÇGD)
South East Europe Media Organisation (SEEMO)

Türkiye: Uluslararası kuruluşlar gazeteci Tolga Şardan’ın tutuklanmasını kınadı

Yetkilileri Tolga Şardan’ı derhal serbest bırakmaya çağırıyoruz

Aşağıda imzası bulunan basın özgürlüğü, ifade hürriyeti, insan hakları ve gazeteci örgütleri, deneyimli gazeteci Tolga Şardan’ın Ankara’da tutuklanmasını şiddetle kınamaktadır. 2 Kasım Uluslararası Gazetecilere Karşı İşlenen Suçlarda Cezasızlıkla Mücadele Günü vesilesiyle aşağıda imzası bulunan gruplar, Türkiye’de yargının, kamuoyunu bilgilendirdikleri için gazetecileri cezalandırmak yerine, ülkede basın özgürlüğünü ihlal edenlerden hesap sormasını talep etmektedir.

Bağımsız T24 haber sitesi muhabiri Tolga Şardan, 31 Ekim tarihli “MİT’in Cumhurbaşkanlığı’na sunduğu ‘yargı raporunda ne var?” başlıklı yazısında, Cumhurbaşkanlığı tarafından MİT’e hazırlatıldığı iddia edilen yargıdaki yolsuzluklara ilişkin raporu ele aldığı gerekçesiyle 1 Kasım’da gözaltına alındı. Cumhurbaşkanlığı İletişim Başkanlığı’na bağlı Dezenformasyonla Mücadele Merkezi ayrıca 1 Kasım tarihinde paylaşım ile MİT raporunun varlığını yalanladı. 2 Kasım’da Şardan’ın yazısına erişim engeli getirildi.

Şardan’ın haberi, Türkiye’nin adalet sistemindeki yolsuzluk iddialarını içeren ve kamuoyunun meşru kaygıları çerçevesine giren bir dizi araştırma raporunun sonuncusuydu. Bu haberlerin tamamına mahkeme kararıyla erişim engellendi.

İstanbul Cumhuriyet Başsavcılığı tarafından yapılan açıklamada, Şardan hakkında 5237 sayılı Kanunun 217/A maddesi uyarınca “kamuoyunu yanıltıcı bilgi yaymak” suçundan soruşturma yürütüldüğü belirtildi. Bu madde, Ekim 2022′de yürürlüğe giren ve “dezenformasyon yasası” olarak adlandırılan yasa kapsamında düzenleniyor. Suçlu bulunanlar üç yıla kadar hapis cezasına çarptırılabiliyor.

Gözaltına alındıktan sonra Ankara Adliyesi’ne getirilen Şardan, burada savcıya ifade verdi. “Altını çizerek söylüyorum sadece halkı bilgilendirmek çerçevesinde gazetecilik yaptım” diyen Şardan suçlamaları reddetti ve derhal serbest bırakılmayı talep etti. Şardan’ın avukatı, savcının müvekkilini tutuklamak yerine Şardan’ın yazısında yer alan iddialarla ilgili soruşturma başlatması gerektiğini de sözlerine ekledi.

İfadesinin ardından savcı, Şardan’ı tutuklanması talebiyle nöbetçi mahkemeye sevk etti. Mahkeme Şardan’ı tutukladı ve gazeteciyi Ankara, Sincan Cezaevi’ne nakletti. Mahkeme, tutuklama kararına dayanak olarak, Şardan’ın işlediği iddia edilen suçun, şüphelinin derhal tutuklanmasını gerektiren suçların bir listesini içeren Türk Ceza Muhakemesi Kanunu’nun 100/3 maddesinde belirtilen “katalog suçlar” kategorisine girdiğini yanlış bir şekilde gösterdi. Ancak 5237 sayılı Kanun’un 217/A maddesi bu madde kapsamına girmemektedir.

Dezenformasyon Yasası, kabul edildiği günden bu yana en az 12 kez gazetecileri yaptıkları haberler nedeniyle hedef almak için kullanıldı. Yasanın kabul edildiği gün, iktidar partisi temsilcisi ve TBMM İnsan Haklarını İnceleme Komisyonu eski başkanı Hakan Çavuşoğlu, Türkiye’yi ziyaret eden uluslararası basın özgürlüğü heyetine, yasanın gazetecilere karşı kullanılmayacağını, sadece kargaşa dönemlerinde ve akut afetler gibi acil durumlarda insanları yanlış bilgi paylaşmaktan caydırmak için çıkarıldığını söyledi. Bu yılın başlarında gazeteci Sinan Aygül, Dezenformasyon Yasası kapsamında mahkum edilen ilk gazeteci oldu. Şardan’ın tutuklanması, geçtiğimiz yıl Türkiye’de tespit edilen Dezenformasyon Yasası vakalarına ilişkin 13. Medya Özgürlüğü Haritalama veritabanı uyarısı oldu.

Bu nedenle Türkiye makamlarına Tolga Şardan’ı derhal tutuksuz yargılanmak üzere serbest bırakmaları ve hakkındaki tüm suçlamaları düşürmeleri çağrısında bulunuyoruz. Yetkililer, ülkedeki ifade hürriyeti ve medya özgürlüğü hakkı da dahil olmak üzere, Şardan’a ve diğer gazetecilere yönelik sistematik hukuki tacize son vermelidir. Türkiye’de keyfi olarak gözaltına alınan tüm gazetecilerle dayanışma içinde olduğumuzu yineliyoruz. Gazetecilik suç değildir ve bir gazetecinin meşru habercilik ve gazetecilik faaliyetleri nedeniyle parmaklıklar ardında geçirdiği her dakika ifade ve basın özgürlüğünün ihlalidir. Buna bir son verilmelidir.

İmzalayanlar:

Article 19
Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
Avrupa Gazeteciler Federasyonu (EFJ)
Çağdaş Gazeteciler Derneği (ÇGD)
Gazeteciler Cemiyeti (GC)
Gazetecilikte Kadın Koalisyonu (CFWIJ)
Gazetecileri Koruma Komitesi (CPJ)
Güney Doğu Avrupa Medya Örgütü (SEEMO)
İnsan Hakları İzleme Örgütü
Medya ve Hukuk Çalışmaları Derneği (MLSA)
Norveç PEN
Osservatorio Balcani Caucaso Transeuropa (OBC Transeuropa)
Punto24 Bağımsız Gazetecilik Derneği (P24)
Türk Alman Kültür Forumu
Yabancı Medya Derneği (FMA)
Özgürlük Evi (Freedom House)
Uluslararası Af Örgütü
Uluslararası Basın Enstitüsü (IPI)

This statement was coordinated by IPI as part of its #FreeTurkeyJournalists campaign and members of the Media Freedom Rapid Response (MFRR) consortium, 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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End Impunity for Crimes Against Journalists

Access to reliable information that journalists provide civil society is the lifeblood of a resilient democracy, where a robust system of checks and balances thrives. Impunity for the killings of journalists diminishes the rule of law and press freedom. As today we mark the International Day to End Impunity for Crimes Against Journalists, we want to pay a special tribute to those reporters in Europe whose families still await justice for their murders. They were threatened, targeted and murdered for challenging the powerful and corrupt. We call on the states to redouble their political will to tackle impunity.

When Greek veteran crime reporter Giorgos Karaivaz was shot dead in Athens in 2021, the authorities committed to prioritising the case and bringing all perpetrators to justice. Yet, for two long years, there was no significant progress. While the arrest in April 2023 of two suspects marks an important step towards accountability, the case remains in a state of impunity as potential middlemen and masterminds have not been apprehended and no convictions have been delivered. Justice can only be served when all those directly and indirectly involved in planning and executing the assassination are held responsible for their actions, without exceptions.

Greek crime reporter Giorgos Karaivaz, who was killed outside his home in Athens on Friday 9 April, 2021

Karaivaz was gunned down in front of his house in broad daylight sending a clear and chilling message to all reporters in Greece who hold power to account by exposing inconvenient truths. The abhorrent murder and the repeated failure to conduct a swift and thorough investigation is in part a consequence of inaction in the case of the 2010 murder of journalist Sokratis Giolias and came amidst numerous unresolved cases of threats and attacks against journalists. This worrying pattern ultimately underscores that despite declarations, the state continues to fall short of ensuring the safety of journalists with no concrete measures taken to improve the situation let alone secure justice. The recent MFRR mission to Greece, during which the delegation met with both journalists and public officials, further confirmed the stark erosion of media freedom in the country. We renewed our call for the authorities to dedicate additional resources and staff to the cases of violence against journalists and recognise their special nature to finally guarantee prompt, independent and efficient investigations.

Jan Kuciak — picture alliance/EPA-EFE | MATEJ KALINA

The murder of investigative reporter Ján Kuciak and his fiancee Martina Kušnírová in 2018 sparked the biggest nationwide protest since the Velvet Revolution in 1989. The public’s rage subsequently translated into a vibrant quest for change and eventually toppled Robert Fico’s government. Kuciak, who was ruthlessly shot in his own home, reported on corruption, tax fraud and shady connections between businesses and oligarchs close to Fico’s SMER party. Five years on, Fico is back as Prime Minister for the 4th time, while the families of Kuciak and Kušnírová still await full justice.

From the start, the process has been marked by allegations of political meddling in the police investigation. While the culprits who executed and facilitated the murder have since been prosecuted and sentenced to 25 years in prison, the suspected mastermind has continued to evade accountability. Businessman Marian Kočner was acquitted in a retrial in May 2023, a decision that the MFRR strongly condemned at the time stressing the massive setback for the protracted fight against impunity for Kuciak and Kušnírová’s murder. The verdict arrived amidst a resurgence of verbal attacks on Slovakian journalists, with top politicians launching smear campaigns that continue to go unaddressed. Before the September election, the SMER party disseminated at least 174 posts targeting journalists on social media which raises further concerns about whether the newly appointed government will rise to the occasion to tackle the climate of impunity and hostility against journalists. The MFRR delegation visited Bratislava in February 2023 to commemorate Kuciak and Kušnírová on the fifth anniversary of their murder and to reaffirm our steadfast support for the victims’ families. We reiterated the call for the authorities to provide law enforcement with all necessary means to bring justice for the crimes against journalists and to strengthen punishment for attacks against journalists targeted for their work.

picture alliance/AP Photo | Rene Rossignaud

The glaring illustration of how a total absence of political will perpetuates ongoing impunity has been bluntly demonstrated in the case of Maltese journalist Daphne Caruana Galizia who was killed in a car bomb in October 2016. Incessant pressure from Daphne’s family and civil society groups resulted in the creation of an independent public inquiry to establish the circumstances that led to the journalist’s death. The final report published in 2021 found the state had to ‘shoulder responsibility’ for Caruana Galizia’s murder as it had created an ‘atmosphere of impunity’ and failed to take effective measures to protect her. The key findings included detailed recommendations on how to enhance the safety of journalists and restore the rule of law so that assassinations like that of Daphne could never happen again. Though in 2022, the hitmen were handed down harsh prison sentences, the masterminds still remain free.

Though the report provided a historic opportunity for the Maltese government to create an enabling environment for independent journalists, and despite the repeated calls from the international community, the authorities remain reluctant to implement these vital safeguards. Civil society was not consulted in the production of draft media laws which resemble token gestures that do not offer robust and systemic reforms that are urgently needed. In addition, Malta consistently fails to address corruption and crime exposed by Caruana Galizia and other investigative journalists who operate in a high-risk environment. Daphne Caruana Galizia’s hard-hitting investigations into dirty money scandals, organized crime, and high-level government corruption earned her the nickname a ‘one-woman WikiLeaks’ – and in turn put a target on her back. Daphne was vilified, harassed and singled out as a public enemy. At the time of her death, she was facing 48 SLAPP cases.

While the EU is still perceived as one of the safest places for journalists, year by year the various attacks are on the rise, with the most tragic examples being the assassinations of journalists. The vicious cycle of impunity tarnishes the press freedom and rule of law reputation of the authorities responsible. EU member states must genuinely engage in fulfilling their international obligations to safeguard media freedom including by redoubling their efforts and strengthening the political will to tackle impunity. In addition, they should fully implement the European Commission’s recommendation on journalists’ safety and report on their progress transparently.

It is imperative to confront impunity for crimes committed against journalists to uphold the principles of free expression and support resilient civil society. Daphne Caruana Galizia, Giorgos Karaivaz and Jan Kuciak were brutally killed for their dedication to investigating and exposing crime, corruption, and other abuses of power that affect our communities. The assassination of a journalist seldom occurs in isolation. Instead, it is often preceded by consistent attempts to denigrate journalists and paint them as traitors to turn the public hostile towards them. We must collectively try harder to neuter and challenge vicious narratives aimed at decreasing trust in independent journalism.

Signed by:

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

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Threats to Journalists must be addressed by institutions in…

Threats to Journalists must be addressed by institutions in Serbia

The host of the “Good, Bad, Evil” podcast, Nenad Kulacin is again the target of threats. The last threat to the presenter was sent via social networks from an anonymous account. The SafeJournalists Network (SJN) and the Media Freedom Rapid Response (MFRR), as organisations dedicated to protecting media freedom and the rights of journalists, are concerned about the rising threats targeting the presenter, and note that the competent institutions in Serbia have not yet determined the identity of any perpetrator in the cases that have been reported since the beginning of the year.

We emphasize that threats to journalists and media workers in Serbia are an almost daily occurrence that endangers their safety. Accordingly, we call on the authorities in Serbia and the international community to condemn these threats, and the institutions in Serbia to protect journalists and sanction the perpetrators of such threats.

Nenad Kulacin reported eight threats to the prosecutor’s office this year, and to this day only one decision has been made to dismiss the criminal complaint, while the other cases are still before the prosecutor’s office. Some of the threats also referred to his colleague Marko Vidojkovic or his family members. For example, the last threat that Nenad Kulacin received via social networks from an anonymous account also referred to his brother. The account “Sacha Pariss” threatened Kulacin with insults, while mentioning his hometown and his brother.

In October 2021, the mother of Kulacin was also attacked in Bor, when a person verbally attacked her and said: “Your son should be hanged.”

Also, earlier pro-government tabloids ran a campaign against Kulacin, where he was characterized as a “leading ideologue of the opposition”, “Dragan Solak’s favorite editor” and “Dragan Djilas’s poodle”, and unknown persons put up posters with his address in Belgrade on it.

Nenad Kulacin and Marko Vidojkovic, the hosts of the satirical podcast “Good, Bad, Evil”, have been receiving threats for years because of their work. In addition to anonymous threats, the outgoing mayor of Belgrade, Aleksandar Sapic, also threatened the presenters a few years ago. He said that he would “rip out the heart” of Kulacin and Vidojkovic when he met them on the street, but the institutions did not recognize these words as a threat and decided to dismiss the criminal charges.

Kulacin and Vidojkovic have been suffering serious threats for a long time. As a result, Vidojkovic was relocated from his home, through a scheme provided by international organizations, while Kulacin refused to move.

Inaction by state institutions, tabloid smear campaigns and public threats by government officials create a hostile atmosphere in which attacks on those critical of the government are normalised and even encouraged, which has a serious chilling effect on free speech and independent reporting.

Due to all of the above, SafeJournalists Network and Media Freedom Rapid Response call on the authorities in Serbia and the international community to condemn these threats, and institutions in Serbia to process all reports raised by journalists and to act urgently in such cases in accordance with the mandatory instructions of the Supreme Public prosecutor’s offices and in this way send a message that they stand up for the protection of journalists and media workers, but above all, respect democratic values and international commitments, such as the protection of freedom of speech.

Signed by:

SafeJournalists Network

Association of Journalists of Kosovo
Association of Journalists of Macedonia
BH Journalists Association
Croatian Journalists’ Association
Independent Journalists Association of Serbia
Trade Union of Media of Montenegro

Media Freedom Rapid Response

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

This statement was coordinated by the SafeJournalist Network and 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 demand renewed investigation into crimes against…

Media freedom groups demand renewed investigation into crimes against Romanian journalist Emilia Șercan

In an open letter to the Romanian General Prosecutor the MFRR partners have condemned the negligent and error-strewn investigation into the crimes committed against journalist Emilia Șercan.

Prosecutor General of Romania, Mr. Alex Florin Florența

First Deputy Prosecutor General of Romania, Mr. Aurel Sebastian Vălean

Dear Prosecutor General, Alex Florin Florența, and first Deputy Prosecutor, Aurel Sebastian Vălean,

We are writing to express our deep alarm about the failure to effectively investigate and prosecute the criminal acts against journalist Emilia Șercan and the news that the ‘resolution’ of the case is imminent.

According to our information the investigation has been riddled with negligence, delays, obfuscation and evident breaches in procedure and in the rights of the injured party, resulting in a failure to establish the suspected perpetrators. As a consequence, any ‘resolution’ of the case is likely to mean its closure.

Should the case be closed without a prosecution, the conclusions to be drawn must be that the failure was a result either of incompetence and neglect, or a deliberate effort to cover up a crime that evidence suggests may have involved a senior police figure.

Regardless, Emilia Șercan, a respected and dedicated journalist, will have been denied justice by your offices.

Such negligence is even more unacceptable given that the crimes were most likely committed as part of a politically orchestrated smear campaign after Șercan had revealed over several years that leading members of the government, judiciary, security services and the military had plagiarized their academic theses.

The crimes against Șercan started straight after she published revelations, on January 18, 2022, that Nicolae Ciucă, President of the Romanian Senate who was at the time Prime Minister, had plagiarized his doctoral dissertation. The following day Șercan received a message threatening revenge for the exposure that she reported to the police.

One month later, Șercan discovered through a Facebook message that five private photos of her had been published on 31 adult websites.

The following day, February 17, 2022, Șercan filed a complaint for theft (of photos) and violation of privacy (publication of photos) and provided a screenshot of the Facebook message as evidence to the Romanian police.

Forty minutes after she left the police station a Moldovan website published a smear article on Șercan accompanied by the five stolen photos and the screenshot of the FB message provided to the police.

According to Șercan, only the police had received the screen shot, and therefore the Moldovan website can only have obtained it via a police leak.

The smear article was subsequently posted on 78 more Romanian websites. At least one of the five images remains accessible through 68 different websites today.

The subsequent investigations included the following failures:

It took 14 months for the investigators to interview the six senior police chiefs alleged to have received copies of the original evidence (including the FB screenshot) and who may therefore have been the source of the leak. The identification of the six police chiefs was done, not by the prosecutor, but by Șercan using Freedom of Information requests.
The investigators failed, at first, to interview owners of the websites that posted Șercan’s photos as key witnesses. Following protests from Șercan, the prosecutors finally conducted interviews with three site owners, but they failed to notify and invite Șercan’s lawyer to attend the witness interview. Denying access to the injured party’s lawyer is a clear breach of Romania’s criminal law.
Upon appeal the Chief Prosecutor of the Bucharest Court of Appeal refused to repeat the interviews in the presence of Șercan’s lawyers, another breach of the criminal law.
Șercan’s Lawyer was denied access to some of the case file documents that were classified as ‘strictly secret’ by the intelligence services, despite being certified to access such documents.
The investigators presented evidence that another website, patrianoastra.com, had posted the screenshot of the FB post five hours before Șercan filed her complaint with the police. Such evidence, if true, would help clear the police of leaking the screen shot and photos. However, the investigators then refused a request to involve independent technical experts to examine this new evidence to determine the exact timing of the publication. Refusing the request for an independent examination is another procedural breach and renders this evidence highly unreliable. Moreover, reports by Qurium Foundation and Bitdefender conclude that the site falsified the dates of publication to a day earlier than actually published.
Meanwhile the crime against Emilia Șercan remains ongoing. Șercan made four separate requests to prosecutors to remove the photos, all of which went unanswered. It was only after a public appeal by 19 Romanian NGOs in July 2023 that the owner of the website with all five photos removed them, and not as a result of official action. Finally, on October 10, 2023, a full 20 months after the start of the crime and following a fifth request for action, the First Deputy Attorney General informed Șercan that they would start measures to “suppress the dissemination of the disputed photos in cyberspace”.

On October 10, Șercan was also informed by the First Deputy Attorney General that the file would be ‘resolved’ by the end of October. With nobody identified as a potential suspect, Șercan believes this can only mean the prosecutor intends to close the file with no further action.

Such a decision would be personally devastating for Emilia Șercan. It would also send a clear message to all journalists in Romania who attempt to expose crime, corruption or hypocrisy at the heart of government that the Romanian judicial system cannot be relied upon to protect them from criminal acts.

We therefore call upon you to do the following:

Take the immediate legal measures with due process, necessary to end the ongoing crime against Șercan by ensuring the stolen photos are no longer accessible online.
Fulfill the request made by Emilia Șercan to transfer the case to the General Prosecutor where a new team with the resources, the expertise and competence necessary can conduct the investigation to its conclusion.
Launch a separate investigation into the failures of the current investigations, the breaches of procedure and the possibility of a deliberate cover up.

We look forward to reading your response soon,

Signed by:

European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
International Press Institute (IPI)
Free Press Unlimited (FPU)
OBC Transeuropa (OBCT)
Reporters Without Borders (RSF)
ActiveWatch
Center for Independent Journalism

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Turkey: International groups alarmed by the targeting of journalist…

Turkey: International groups alarmed by the targeting of journalist Alican Uludağ

The undersigned media freedom, freedom of expression and human rights organizations denounce the inflammatory rhetoric directed at Deutsche Welle (DW) Turkish service reporter Alican Uludağ by Nationalist Movement Party (MHP) officials and call on the Turkish authorities to ensure journalists’ safety. Journalists must be able to freely publish information they obtain on matters of public concern, without any risk of violence.

On October 10, DW Turkish service reporter Alican Uludağ published a news report revealing developments about the controversial case of Sinan Ateş, former leader of the Grey Wolves, the paramilitary wing of MHP, who was assassinated in the center of Ankara in December, 2022. Uludağ reported allegations that İzzet Ulvi Yönter, deputy leader of MHP had tried to bribe one of the prosecutors with a position on the Supreme court if suspects affiliated with the MHP were released.

Following Uludağ’s report, Yönter shared a post on his X account, targeting Uludağ by writing “If you do not prove these disgusting claims, you are a vile and shameful slanderer. We will settle the score in the judiciary.”

Semih Yalçın, another MHP deputy leader also posted “Those who attempt to slander our deputy leader İzzet Ulvi Yönter will be held accountable to the relevant authorities. We will not remain silent while people such as Alican Uludağ, who lack honor and dignity, try to cast a shadow of doubt on our party and companions. Let this go on the record.”

Following the MHP posts there was a pile on of harassment and threats of violence on social media targeting Uludağ. In response, Uludağ wrote that he is not afraid of the threats he received. He said he will continue to shed light on Ateş’s murder.

Earlier in January 2023, Voice of America (VoA) Turkish service reporter Yıldız Yazıcıoğlu was also targeted by MHP officials. The events unfolded after her attempt to ask MHP leader Devlet Bahçeli about the assassination of Sinan Ateş, to which Bahçeli responded by telling the journalist to “mind her business”, after which Yazıcıoğlu was pushed out of the way by an MHP MP. Following this, she was targeted on social media by one of MHP deputy leaders, İsmail Özdemir, who accused her of being an “agent provocateur”.

We reiterate our call on the government to guarantee that journalists are able to do their work free of intimidation and harassment. Politicians, in particular, have a responsibility to avoid online harassment of critical journalists which, unchecked, can quickly lead to violence. Authorities must take all measures to ensure the safety of journalists.

Signed by:

International Press Institute
European Centre for Press and Media Freedom (ECPMF)
Media and Law Studies Association (MLSA)
Platform for Independent Journalism (P24)
OBC Transeuropa (OBCT)
Committee to Protect Journalists (CPJ)

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Serbia: New draft media laws represent another step backward…

Serbia: New draft media laws represent another step backward for media freedom

The partner organisations of the Media Freedom Rapid Response (MFRR) today raise the alarm about two draft media laws brought forward by the Serbian government for their lack of compliance with international freedom of expression standards. If passed they would represent a regressive step with wide-ranging implications for media freedom and pluralism. As the public debate on the legislation continues, the MFRR calls on the Serbian government to withdraw the problematic changes added into the latest drafts and ensure compliance with the country’s previously agreed Media Strategy.

The latest draft versions of the Law on Public Information and Media and the Law on Electronic Media, developed by the Ministry of Information and Telecommunications, propose a framework that would block the reform of the Regulatory Body for Electronic Media (REM) and pave the way for a return to full state ownership of private media, including Telekom Srbjia. The MFRR is concerned that the proposed changes do not comply with international and European standards on media freedom and freedom of expression and diverge radically from the objectives of the Media Strategy adopted by the Government of Serbia in 2020.

First, the draft of the Law on Electronic Media does not foresee the election of new REM Council members after the adoption of the new law, despite the fact that the draft law prescribes completely new criteria for their election, as well as authorized proposers, as is foreseen in the Media Strategy adopted by the Government of the Republic of Serbia. The REM has faced both domestic and international criticism, including from the MFRR, for its lack of independence and politically-motivated decision-making processes. There has also been widespread criticism about how members of the REM are appointed. Proposed changes which would oblige the Council of REM to adopt the Code of Labour – a shift which would better regulate the ethics of its members – have also been disregarded. If passed, this proposal would solidify political control over REM and block much needed reforms to strengthen the regulator’s independence.

Secondly, the new proposal of the Law on Public Information and Media fails to establish legal provisions that would ensure that all media must meet ethical standards to receive public co-financing funding. Under the previous draft, sanctions issued by the Press Council could see media fail to receive public money from co-financing funding for public interest content. However, new rules provide a loophole for print and online media outlets which have not accepted the competence of the Press Council. For those media, such criteria would not apply, meaning they can continue to violate professional standards with impunity and still receive public funding. We fear this will disadvantage media which abide by professional standards and further encourage the dissemination of disinformation and violent rhetoric in the Serbian media landscape. This change was controversially included at the last-minute by the government and was not discussed in a wider Working Group established to discuss the draft laws, which comprises members of civil society and of the journalistic community.

Thirdly, the government also included in both draft laws an identical provision which would essentially facilitate the return to state co-ownership of private media in Serbia. Under the current Media Strategy, direct and indirect ownership of private media by the state is banned. However, the new law would formally allow the state to return to being the co-owner and founder of media outlets. This would formally legalise the ongoing ownership situation at telecommunications provider Telekom Srbija, which is majority state-owned, in violation of the current law. If passed, the MFRR fears the new law would further cement government control over Telekom Srbija and represent a damaging new form of media capture in an EU Candidate Country which is already experiencing its biggest crisis for independent journalism in years.

Finally, the MFRR highlights that the new proposals radically deviate from the Media Strategy, a landmark blueprint developed after widespread consultation with the journalistic community, which the government of Serbia has held up as proof of its commitment to positive reform of the media landscape. This new approach also undermines years of work by journalist associations and working groups to shape the laws and bring them closer in line with EU acquis and other European standards.

Our organisations warn that if passed, the new laws would undermine national and international confidence in the Media Strategy and pose serious questions for the government’s commitment to improve media freedom and pluralism as part of its potential accession to the European Union. Rather than ushering in positive steps in this direction, the last year has been marked by steps backward, as noted by many of our organisations following a visit to Belgrade, and in the most recent report of the European Parliament.

The MFRR therefore shares the concerns recently outlined by the Coalition for Media Freedom in Serbia, and calls for the government to reverse the problematic changes introduced in the two draft media laws and ensure that their provisions comply with international standards on freedom of expression. As the public debate on the legislation continues, we urge the government to return to discussions with the Coalition and other groups which remain committed to reform of the media landscape in Serbia in line with European values. Key provisions must be reintegrated into the draft laws, especially those which provide for more democratic management of the REM. Our organisations will continue to closely monitor the situation in Serbia and call for systemic media reform.