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Serbia: Independent journalism faces biggest crisis in years

Serbia: Independent journalism faces its biggest crisis in years

Following a visit to Belgrade on April 10 and 11 2023 to commemorate the murder anniversary of editor and publisher Slavko Ćuruvija, the undersigned international press freedom and journalists’ organisations today issue a stark warning over the state of media freedom and journalists’ safety in Serbia.

Ahead of World Press Freedom Day on May 3, our shared conclusion is that 24 years after the murder of Ćuruvija in 1999, poor conditions for the safety of journalists, the weak landscape for the rule of law, media capture and a festering climate of hostility towards critical reporting mean that the likelihood of a serious physical attack on a journalist remains a possibility. Independent journalism in Serbia continues to face a period of crisis.

 

The dedicated work being done by some stakeholders to prosecute attacks on journalists is being undermined by the wider climate of hostility being generated by leading politicians in Serbia. Until this is addressed and the public discourse regarding critical journalism is normalised, tangible progress will remain elusive.

 

These conclusions come after multiple meetings with independent journalists and editors, media associations and unions, the Standing Working Group for the Safety of Journalists, which included a representative of the Ministry of Interior.

 

Serbia exhibits a unique situation in which insults and attempts to discredit watchdog journalism stem overwhelmingly from leading politicians, including the President Aleksandar Vučić, Prime Minister Ana Brnabić  and ruling party MPs. Our assessment is that Serbia is one of the EU candidate states where journalists face the strongest verbal pressure and attacks from the state leadership. Critical and investigative journalism is still viewed by many public officials as an unpatriotic threat to be fought, rather than a healthy and necessary part of the country’s democratic fabric. 

 

This failure of the political class to accept and respect the role of critical journalism is dangerous. Smears launched by political figures are routinely picked up and reported by a network of tabloid media outlets owned by allies of the government who amplify the messaging, fomenting distrust and hatred against certain journalists. This behaviour by politicians normalises hostility towards independent media and, in many cases, acts as a signpost for physical as well as online threats by non-state actors.

 

It is no surprise that Serbia remains one of the most dangerous places in Europe, outside of Ukraine, to work as a journalist. In 2022, the Independent Journalists’ Association of Serbia (IJAS) documented 137 violations: 34 verbal threats, nine physical attacks, four attacks on property and 84 different attempts to pressure the media. Until the end of March 2023, 33 serious incidents were recorded: eight verbal attacks, three physical attacks and 22 acts of pressure on media and journalists. Investigative journalists probing high level crime and corruption are particularly at risk and are demonised as foreign mercenaries and national traitors.

 

While multiple state-backed initiatives have been launched to address the safety of journalists, their effectiveness is undermined by political attacks on journalists which compromise authorities’ efforts. The Standing Working Group on the Safety of Journalists, established in 2016, is an important initiative and a platform for the exchange of information between law enforcement authorities and media, allowing more systematic monitoring. The prosecutor’s office has established a network of dedicated contact points across Serbia which must act quickly in cases of threats. The 24/7 toll-free SOS helpline for journalists whose safety is threatened represents an important instrument for quick responses, along with networking of competent institutions and offering assistance to endangered journalists. In a welcome development, the number of physical attacks recorded in 2022 dropped compared to the previous year.

 

However, while law enforcement authorities have increasingly identified alleged perpetrators and brought indictments, justice has proven much harder to secure. In 2022, 81 criminal reports were submitted to the public prosecutor’s offices, yet just five convictions were reached. Though certain investigations have faced legitimate barriers in securing evidence, in some cases journalists complain that serious threats are assessed by prosecutors as not meeting the threshold of criminal offences. As of March 2023, 41,96% of cases submitted to the prosecutor’s office were dismissed for this reason. Journalists also raised concerns that politically sensitive cases, including attacks involving members of the ruling party, were not addressed appropriately. While the Standing Working Group functions adequately on paper and stakeholders are committed to its success, its work is undermined by a lack of political will and the wider climate of hostility. The separate Working Group for Security and Protection of Journalists, established in December 2020 with the backing of the Prime Minister, has been a failure.

 

On the other hand, the Commission for the Investigation of Murders of Journalists is another important initiative and has been fundamental in the fight for justice for Slavko Ćuruvija. Despite progress in the investigation of the Police Working Group within the Commission in identifying possible killers, the Prosecutor’s Office for Organized Crime continues to hesitate on taking over the investigation into the murder of journalist Milan Pantić, while the mysterious death of Dada Vujasnović remains unsolved.

 

Despite the many challenges, there are some positive developments this year. The March 2023 retrial verdict sentencing perpetrators including a former Belgrade (Grocka municipality) president to five years in prison for the arson attack on the home of journalist Milan Jovanovic is a welcome victory. With an appeal underway, however, justice for this attack has not yet been secured. Swift indictments and prosecutions in early 2023 for the threats made against journalists at OK Radio by a powerful businessman in Vranje were positive. The recent sentencing to one year of house arrest to a man who issued appalling death threats against TV Nova S journalist Jelena Obućina is also a welcome development. However, the willingness and ability to effectively prosecute such attacks appear to extend only to cases where there was political pressure or where the alleged perpetrators lack political connections, indicating a lack of independence of law enforcement bodies.

 

At the wider level, however, no progress has been made in strengthening the landscape for media freedom and freedom of expression. Media pluralism remains particularly weak, with independent broadcast media systematically disadvantaged in the market. The clearest example was the controversial decision in July 2022 by the Regulatory Body for Electronic Media (REM) to again award all four national frequencies to pro-government television channels, overlooking applications by independent media houses. A fifth licence has yet to be allocated. The REM continues to display a lack of functional independence and has failed to carry out its duty of sanctioning violations of broadcast law by private channels close to the government. Delays continue in the long-overdue reform of the law on public information and media and the law on electronic media.

 

The public broadcaster continues to suffer from a lack of editorial independence and displays clear bias in its programming and reporting in favour of the government. State advertising – which has for years been the largest advertiser in media – also continues to be distributed in an arbitrary and non-transparent manner, largely in favour of pro-government media outlets. Rather than being disqualified from the co-financing program for regular violations of journalistic ethics, as identified by the Press Council, tabloid media continue to receive large amounts of public money. This use of state resources is one of the prime levers for the government to co-opt and control media coverage. While the direct ownership of private media by the state is banned, the purchase by state-owned and controlled Telekom Srbija of multiple media assets in recent years has established an indirect state ownership model. This is a prime example of media capture in Serbia. Taken together, these developments have cemented a pro-government narrative at the expense of independent journalism.

 

In addition to physical threats, independent media also face numerous legal challenges. Investigative platforms such as KRIK are being buried under an avalanche of vexatious lawsuits, both civil and criminal, meaning they are forced to dedicate valuable time and money to defending themselves in court. While the courts have recently thrown out clearly vexatious lawsuits, Serbia continues to be one of the worst countries in Europe for Strategic lawsuits against public participation (SLAPPs) and the number of documented cases is on the rise. Plaintiffs are most commonly public officials, politicians, businesspeople and companies. A recent case involving two SLAPP cases initiated against BIRN by the mayor of Belgrade is a prime example.

 

Overall, media freedom in Serbia remains in a poor condition. No one has yet been ultimately found guilty of the murder of a journalist. The climate of threats against journalists is at its worst point in many years. Media pluralism continues to be weak, with the ruling party overseeing a captured media ecosystem. The shared view of our international organisations is that, while important work on effectively prosecuting attacks on journalists has had a positive impact, this progress has been undermined by engrained challenges in ultimately securing justice and the wider climate of hostility towards critical journalism being fostered by political leaders. On balance, these combined factors mean Serbia continues to be held back in its commitments to improve media freedom as part of the EU accession process. We therefore recognise no overall progress since the fact-finding mission of the MFRR in April 2021.

 

This status quo must not continue. It is vital that the international community recognise the seriousness of the current situation for independent journalism in Serbia. In the coming months, our organisations will be giving as many platforms as possible to independent Serbian journalists to share their experiences first hand. International pressure will be central to enacting positive change. We therefore call on the European Union to ensure that media freedom in Serbia is a priority in the context of  the rule of law and democracy. We also urge EU leaders and officials to urgently raise the issue of pressure on journalists by high-ranking politicians during meetings with Serbian officials. Future progress reports on EU accession should fully reflect the seriousness of the situation and outline  for meaningful reforms. International bodies such as the OSCE and the Council of Europe must continue to address these issues head on. The upcoming report by the UN Special Rapporteur on freedom of opinion and expression following her mission to the country should be forceful in its assessment of the situation.

 

Twenty-four years after the murder of Slavko Ćuruvija, the conditions for the safety of journalists in Serbia are alarmingly reminiscent of the period in which he was killed. The upcoming appeal court verdict for the murder will be the most consequential for media freedom and journalism in decades, and will act as a litmus test for the rule of law and democracy more widely. If guilty verdicts are secured, we hope this can act as a catalyst for concrete change moving forward. Our international press freedom and journalists’ organisations will do all we can to support free and independent journalism during this time.

 

  • The challenges facing independent journalism in Serbia will be discussed in an upcoming MFRR webinar on May 3. Register here.

Signed by:

Signed:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • International Federation of Journalists (IFJ)
  • International Press Institute (IPI)
  • Osservatorio Balcani Caucaso Transeuropa (OBCT)
  • Reporters Without Borders (RSF)
  • The Daphne Caruana Galizia Foundation

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

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Turkey: International groups demand release of Kurdish journalists, lawyers,…

Turkey: International groups demand release of Kurdish journalists, lawyers, political party officials detained in pre-election crackdown

Media freedom, freedom of expression, and human rights organisations call on Turkish authorities to stop the systematic harassment and intimidation of Kurdish journalists, media workers, media outlets, the lawyers that defend them, and Kurdish political party officials, give them access to legal counsel, disclose full details of charges brought and to ensure that they are released from detention. We reiterate the need for a free and pluralistic media atmosphere in the run up to the elections that will be held on 14 May 2023.

 

Available in Turkish here.

On 25 April, coordinated dawn raids in Turkey targeted homes and offices of 126 people including journalists, lawyers, rights defenders, political activists and artists in 21 provinces, based on unclear charges. The state-run Anadolu Agency reported that the Diyarbakır-based operation is related to anti-terror investigations led by Diyarbakır Chief Public Prosecutor’s Office.

 

Among those that have been detained so far are 10 journalists and a lawyer who represents arrested journalists. Technical equipment, computers, books and documents belonging to journalists were also confiscated by the police during the raids. It was also reported that arrest warrants were issued against 216 people and the search continues for other journalists.

 

The detained journalists so far include Mesopotamia News Agency (MA) editor Abdurrahman Gök and reporters Ahmet Kanbal and Mehmet Şah Oruç; editor-in-chief of Yeni Yaşam daily newspaper Osman Akın; the publisher of the only Kurdish print newspaper in Turkey, ​​Xwebûn Weekly, Kadri Esen; JinNews reporter Beritan Canözer; and journalists Mehmet Yalçın, Mikail Barut, Salih Keleş and Remzi Akkaya.

 

Lawyer Resul Temur, who represented imprisoned journalists in Diyarbakır and Ankara after similar raids in June and October 2022 respectively, was also detained in the raids.

 

The Diyarbakır Bar Association announced that the charges against the detained people are still unknown due to a confidentiality order covering the investigation and a 24-hour restriction on access to lawyers for those detained.

 

The raids are taking place in the run up to the parliamentary and presidential elections in Turkey which will be held on 14 May 2023, and represent another step in the systematic harassment and intimidation of Kurdish media and political opposition in the country.

 

Previously in June 2022, a similar raid resulted in 20 journalists in Diyarbakır being initially detained of whom 16 were placed in pre-trial detention on terrorism charges pending a trial that begins on 11 July, 2023. In October 2022, a further 11 Kurdish journalists were detained on terrorism charges in the provinces of Ankara, İstanbul, Van, Diyarbakır, Şanlıurfa, Mersin and Mardin in simultaneous house raids as part of an anti-terror investigation led by the Ankara Chief Public Prosecutor’s Office. Their trial begins on 16 May, 2023.

 

The Mapping Media Freedom database records 27 alerts impacting 91 Kurdish journalists, media workers or outlets over the last 12 months. The alerts primarily consist of legal incidents usually leading to arrest, detention, imprisonment, prosecution and convictions.

 

We call on the authorities to immediately give the detained journalists, lawyers and political activists access to legal counsel, to disclose full details of any charges brought and to ensure that they are released from detention.

Signed by:

  • Articolo 21
  • Coalition For Women In Journalism (CFWIJ)
  • Croatian PEN
  • English PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Foreign Media Association (FMA Turkey)
  • Freedom House
  • Human Rights Watch
  • International Federation of Journalists (IFJ)
  • International Press Institute (IPI)
  • Media and Law Studies Association (MLSA)
  • Osservatorio Balcani Caucaso Transeuropa (OBCT)
  • PEN America
  • PEN Canada
  • PEN International
  • PEN Melbourne
  • PEN Netherlands
  • PEN Norway
  • PEN Québec
  • Platform for Independent Journalism (P24)
  • Reporters Without Borders (RSF)
  • San Miguel PEN
  • Scottish PEN
  • South East Europe Media Organisation (SEEMO)
  • Swedish PEN

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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Türkiye: Uluslararası gruplar, seçim öncesi baskınlarda gözaltına alınan Kürt gazeteciler, avukatlar ve siyasi parti yetkililerinin serbest bırakılmasını talep ediyor

 

Medya özgürlüğü, ifade hürriyeti ve insan hakları örgütleri olarak; Kürt gazeteciler, medya çalışanları, medya kuruluşları, onları savunan avukatlar ve Kürt siyasi parti yetkililerine yönelik sistematik taciz ve gözdağı uygulamalarına son verilmesi, bu kişilerin avukata erişiminin sağlanması, kendilerine yöneltilen suçlamaların tüm ayrıntılarının açıklanması ve serbest bırakılmaları yönünde Türkiye yetkililerine çağrıda bulunuyoruz. Bu vesileyle, 14 Mayıs 2023 tarihinde gerçekleştirilecek seçimler öncesinde özgür ve çoğulcu bir medya ortamına duyulan ihtiyacı yineliyoruz.

 

25 Nisan’da Türkiye’nin 20 ilinde aralarında gazeteciler, avukatlar, hak savunucuları, siyasi aktivistler ve sanatçıların da bulunduğu 128 kişinin ev ve ofislerine henüz tam anlamıyla belirlenmeyen suçlamalarla şafak vakti eş zamanlı baskınlar düzenlendi. Devlete ait Anadolu Ajansı, Diyarbakır merkezli operasyonun Diyarbakır Cumhuriyet Başsavcılığı tarafından yürütülen terörle mücadele soruşturmalarıyla ilgili olduğunu bildirdi. Toplam 216 kişi hakkında yakalama kararı çıkarıldığı bildirildi.

 

Şu ana kadar gözaltına alınanlar arasında 10 gazeteci ve tutuklu gazetecileri temsil eden bir avukat da bulunuyor. Baskınlar sırasında gazetecilere ait teknik ekipman, bilgisayar, kitap ve belgelere de polis tarafından el konuldu.

 

Şu ana kadar gözaltına alınan gazeteciler arasında Mezopotamya Ajansı (MA) editörü Abdurrahman Gök ve muhabirleri Ahmet Kanbal ve Mehmet Şah Oruç; Yeni Yaşam gazetesi genel yayın yönetmeni Osman Akın; Türkiye’deki tek Kürtçe basılı gazete olan Xwebûn’un imtiyaz sahibi Kadri Esen, JinNews muhabiri Beritan Canözer ve gazeteciler Mehmet Yalçın, Mikail Barut, Salih Keleş ve Remzi Akkaya bulunuyor. 

 

Haziran ve Ekim 2022’deki benzer baskınların ardından Diyarbakır ve Ankara’da tutuklu gazetecileri temsil eden Avukat Resul Temur da baskınlarda gözaltına alındı. 

 

Diyarbakır Barosu, soruşturmada gizlilik kararı olması ve gözaltına alınanların avukatlarıyla görüşmelerine 24 saat kısıtlama getirilmesi nedeniyle gözaltına alınanlara yöneltilen suçlamaların henüz bilinmediğini açıkladı.

 

Baskınlar, Türkiye’de 14 Mayıs 2023 tarihinde yapılacak olan meclis ve cumhurbaşkanlığı seçimleri öncesinde gerçekleşiyor ve ülkedeki Kürt medyasına ve siyasi muhalefete yönelik sistematik taciz ve gözdağının bir başka adımını temsil ediyor. 

 

Daha önce Haziran 2022‘de benzer bir baskın sonucunda Diyarbakır‘da 20 gazeteci gözaltına alınmış, bunlardan 16’sı 11 Temmuz 2023’te başlayacak olan duruşmaya kadar terör suçlamasıyla tutuklu yargılanmak üzere tutuklanmıştı. Ekim 2022‘de, Ankara Cumhuriyet Başsavcılığı tarafından yürütülen terörle mücadele soruşturması kapsamında Ankara, İstanbul, Van, Diyarbakır, Şanlıurfa, Mersin ve Mardin illerinde yapılan eş zamanlı ev baskınlarında 11 Kürt gazeteci daha terör suçlamasıyla gözaltına alındı. Duruşmaları 16 Mayıs 2023’de başlayacak. 

 

Türkiye’nin, terör suçları da dahil olmak üzere, bağımsız gazetecilere yalnızca gazetecilik faaliyetlerinden dolayı ceza davası açma konusunda uzun bir geçmişi vardır. Mapping Media Freedom veri tabanı, son 12 ay içinde 91 Kürt gazeteci, medya çalışanı veya kuruluşunu etkileyen 27 uyarı kaydetmiştir. Bu uyarılar çoğunlukla tutuklama, gözaltı, hapis cezası, kovuşturma ve mahkumiyetle sonuçlanan yasal vakalardan oluşmaktadır. 

 

Yetkilileri, gözaltındaki gazetecilere, avukatlara ve siyasi aktivistlere derhal avukat erişimi sağlamaya ve yöneltilen suçlamaların tüm ayrıntılarını açıklamaya çağırıyoruz. Görevi kötüye kullandıklarına dair inandırıcı bir kanıt bulunmadığı takdirde, bu kişiler derhal serbest bırakılmalıdır.

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

Greece: Impunity continues two years after murder of journalist…

Greece: Impunity continues two years after murder of journalist Giorgos Karaivaz

Two years ago, veteran Greek crime reporter Giorgos Karaivaz was assassinated in Athens. Today, the undersigned partners in the Council of Europe’s Platform to promote the protection of journalism and safety of journalists honour Karaivaz’s memory.

We also renew our call on the Greek authorities to urgently bring to justice all those responsible for this abhorrent murder and to provide more transparency about the investigation. It is wholly unacceptable and deeply saddening that the case must now be categorised as an instance of impunity for murder, considering there has been no significant progress in investigating or prosecuting this crime for two years.

 

Karaivaz was an experienced reporter who worked for the TV channel STAR and ran a news website focusing on crime and policing. On 9 April 2021, he was gunned down outside his home in broad daylight by two men on a scooter. Following the killing, police said the “professional” style of the assassination indicated the involvement of organised crime.

 

In the immediate aftermath, the Greek authorities promised to prioritise the case and make every effort to swiftly bring the perpetrators and masterminds to justice. Yet to date, no arrests have been made, nor have any suspects been publicly identified, despite the collection of large amounts of data, security camera footage and forensic analysis. The authorities have not announced any substantial progress in the investigation. Information about the status of the investigation is being closely guarded by law enforcement bodies, despite repeated calls for more transparency by media freedom organisations, including several of the Platform’s partners. While we recognise the need to keep certain details of the investigation secret, the lack of communication by state authorities around the criminal probe has led to uncertainty and deepened the chilling effect of the assassination on the journalistic community.

 

Impunity arises from States’ failure to effectively investigate cases of serious human rights violations, which is an obligation with an absolute character under the European Convention on Human Rights. Effectiveness entails that an investigation must be capable of leading to the identification and punishment of those responsible, comprehensive in scope and address all relevant background circumstances. It must also be prompt, impartial and independent, and sufficiently open to public scrutiny to maintain public confidence in the authorities’ adherence to the rule of law and to prevent any appearance of collusion in or tolerance of unlawful acts.

 

Karaivaz’s assassination represents a low point for press freedom in Greece. Every day without progress in the investigation and prosecution further tarnishes the reputation of the authorities responsible. We will continue honouring Giorgos Karaivaz’s memory and pushing for justice for him, his family, friends, and colleagues.

Signed by:

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

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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Greek journalist Stavroula Poulimeni, of the cooperative and independent media outlet Alterthess. Photo credit: Konstantinos Tsakalidis Library

Greece: MFRR to fund legal appeal for lawsuit against…

Greece: MFRR to fund legal appeal for lawsuit against Alterthess

The partner organisations of the Media Freedom Rapid Response (MFRR) today express dismay over the recent court ruling involving a SLAPP lawsuit against independent Greek media outlet Alterthess and one of its journalists, Stavroula Poulimeni. Using the MFRR Legal Support fund, our consortium will help provide funding to cover legal fees for their appeal.

In early 2023, a court in Athens partially accepted the civil lawsuit filed by the former high-ranking executive of a gold mining company, Hellas Gold, and ordered the cooperative media outlet to pay a total of €3,000 in damages to the plaintiff.

 

As previously reported, the lawsuit stemmed from a court report that Poulimeni had published in October 2020 regarding the first-instance criminal conviction of two executives from Hellas Gold over the company’s alleged pollution of water sources in North Halkidiki. Following a first appeal, the convictions were initially confirmed at the Appeal Court in September 2021, as Alterthess reported at the time.

 

A month later in October 2021, one of the executives, Efstathios Lialios, filed a lawsuit based partly on the EU’s General Data Protection Regulation (GDPR) regulation which demanded €100,000 in compensation, arguing that the journalist had defamed him and illegally violated his private data by publishing his full name and position when reporting the first-instance conviction. After a second appeal, both executives’ convictions were then overturned by a higher court in May 2022, as Alterthess also reported at the time.

 

In 2023, the Court of First Instance in Athens dismissed Lialios’ defamation allegation but sided with the plaintiff on the GDPR claim, awarding compensation for “moral damage”. While the damages were significantly lower than the €100,000 originally demanded, we believe the implications of this ruling go far beyond money and touch upon principles fundamental to media freedom.

 

Firstly, in convicting a journalist for reporting details about a first-instance criminal conviction, the court’s verdict undermines the principles of both open justice and court reporting. The trial in question was held in open session, without reporting restrictions, and the first-instance verdict was publicly announced in court. Reporting news about the conviction, including the individuals’ names and positions, is standard journalistic practice across the world. The conclusion of the judge that the journalist should have sought the individual’s consent for his name and position when this conviction is reported to be published is entirely unjustifiable.

 

Moreover, citizens living in Halkidiki and northern Greece have a right to receive timely information about individuals found guilty in the first-instance, especially when it involves a matter of serious public interest such as the pollution of water in their local area. The right of the media to publish such information therefore clearly outweighs a convicted individual’s expectation of privacy. While the executives’ guilty verdicts may later have been overturned on appeal, at that moment in October 2020 it was clearly in the public interest to report the first stage of the judicial process.

 

In ruling the other way, this judgment sets a dangerous legal precedent. As Poulimeni has rightly warned, if this verdict stands it could trigger a wave of similar lawsuits based on GDPR regulations to muzzle public interest media reporting and keep certain information secret. This ruling therefore risks encouraging other powerful individuals or companies to weaponise GDPR regulations to try and keep certain information or names out of the public domain. We believe this verdict therefore poses a threat to press freedom in Greece, which is already under considerable strain.

 

Through our Legal Support Fund, the MFRR organisations have therefore decided to provide funding to cover the legal fees required to challenge this verdict at the Court of Appeal in Athens. Moving forward, we hope the court will recognise the principles at stake here and ultimately overturn out this worrying first-instance verdict. Ensuring a just outcome will be important not just for Alterthess and Stavroula Poulimeni, but for all journalists carrying out similar watchdog reporting in Greece.

Signed by:

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

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

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RTUK Turkey Elections Library

Turkey: Broadcast regulator must stop punishing critical reporting ahead…

Turkey: Broadcast regulator must stop punishing critical reporting ahead of elections

The partners of the MFRR have joined 20 press freedom, freedom of expression and human rights organisations to call on Turkey’s broadcast regulator (RTÜK) to immediately stop fining broadcasters for their critical reporting. Journalists and broadcasters must be allowed to do their jobs of informing the public over critical issues and holding the government to account.

 

Available in Turkish here.

Instead of upholding freedom of expression and media pluralism in the country, RTÜK is being weaponised by the governing parties to silence legitimate criticism and provide them with an unfair advantage in the May 2023 elections. This suppression of public debate is undermining the electoral process.

 

On April 5, 2023, İlhan Taşcı, a CHP-nominated member of the Radio and Television High Council (RTÜK), reported on Twitter that RTÜK had once again fined several news channels over critical content.

 

FOX TV was fined three percent of its monthly ad revenue after news anchor Gülbin Tosun criticized the government’s approach to women’s rights by saying “the ruling alliance does not want you to work or study, but to have babies and stay at home” during a live broadcast. Tosun had been targeted by members of the ruling AKP party, following her comments.

 

RTÜK imposed the same penalty on Halk TV for “preventing the free formation of opinion” after a presenter and her guest cited a news article claiming that Turkey’s Disaster Management Authority (AFAD) had charged earthquake survivors to hire out its machinery to help rescue their relatives from the rubble.

 

TELE1 was also fined three percent of its monthly ad revenue for “humiliating a municipality” after the hosts of “18 Dakika” program criticized the AKP-ruled Şanlıurfa Municipality and cited allegations that the municipality had transferred funds, provided by foreign governments to Turkey, to the Taliban in Afghanistan.

 

These fines come on the back of a series of penalties already issued in February 2023 imposed on Halk TV, TELE1, and FOX TV and in March 2023 against Halk TV, TELE1, FOX TV, Show TV, and Yıldız EN TV. RTÜK also imposed temporary bans on numerous programs because of their critical coverage.

 

In 2022 RTÜK issued 54 penalties to five independent broadcasters totalling 17.335.000 Turkish Lira (approximately 823.000 Euros) of fines. By contrast, pro-government channels received a total of four penalties totalling 1.674.000 TL (approximately 80.000 Euros).

 

The government’s censorship is not limited to domestic news channels as, earlier in March 2023, the Ministry of Industry and Technology did not renew the operating license of German broadcaster Deutsche Welle’s (DW) Turkish service after it was blocked in June 2022 at the request of RTÜK. DW is no longer able to operate in Turkey as a legal entity, forcing its reporters and editors to continue working as freelancers, deprived of stable work contracts and social security benefits.

 

We view these incidents as part of the Turkish government’s systematic attempt to stifle critical reporting and to control the information flow ahead of Turkey’s presidential and parliamentary elections on May 14, 2023.

 

We call on the Turkish broadcast regulator, RTÜK, to immediately end the persecution of independent broadcasters and act according to its mandate to secure freedom of expression and media pluralism in the country.

Signed by:

  • Association of European Journalists
  • ARTICLE 19
  • Articolo 21
  • Coalition For Women In Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • Danish PEN
  • English PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Freedom House
  • International Federation of Journalists (IFJ)
  • International Press Institute (IPI)
  • Media and Law Studies Association (MLSA)
  • OBC Transeuropa (OBCT)
  • PEN International
  • Platform for Independent Journalism (P24)
  • Reporters Without Borders (RSF)
  • South East Europe Media Organisation (SEEMO)
  • Swedish PEN
  • World Association of News Publishers (WAN-IFRA)

Türkiye: Uluslararası gruplar, seçim öncesinde eleştirel haberlerin cezalandırılması nedeniyle RTÜK’ü kınadı

 

Medyanın baskı altına alınması toplumun bilgiye erişimini engellemekte ve seçim sürecinin meşruiyetini zayıflatmaktadır 

 

Uluslararası Basın Enstitüsü (IPI) ve 19 medya özgürlüğü, ifade hürriyeti ve insan hakları alanında faaliyet gösteren örgütler, Türkiye’nin yayın düzenleyici kurumu Radyo ve Televizyon Üst Kurulu’na (RTÜK), eleştirel haberlerinden dolayı yayıncılara para cezası vermeyi derhal durdurması çağrısında bulunmaktadır. Gazetecilerin ve yayıncıların eleştirel konularda kamuoyunu bilgilendirme ve hükümetten hesap sorma yükümlülüklerini yerine getirmelerine izin verilmelidir. 

 

RTÜK, ülkede ifade hürriyeti ve medya çoğulculuğunu desteklemek yerine, meşru eleştirileri susturmak ve 14 Mayıs 2023 seçimlerinde kendilerine haksız bir avantaj sağlamak için iktidar ittifakı tarafından bir araç olarak kullanılıyor. Kamusal tartışmanın bu şekilde bastırılması seçim sürecini baltalamaktadır.

 

Radyo ve Televizyon Üst Kurulu’nun (RTÜK) CHP’li üyesi İlhan Taşçı, 5 Nisan 2023 tarihinde Twitter‘da RTÜK’ün eleştirel içerikler nedeniyle bazı haber kanallarına bir kez daha ceza verdiğini bildirdi.

 

FOX TV, haber sunucusu Gülbin Tosun’un canlı yayında “iktidar ittifakı çalışmanızı, okumanızı değil, çocuk doğurup evde oturmanızı istiyor” diyerek hükümetin kadın haklarına yaklaşımını eleştirmesinin ardından aylık reklam gelirinin yüzde üçü oranında para cezasına çarptırıldı. Tosun, yorumlarının ardından iktidardaki AKP üyeleri tarafından hedef gösterilmişti.

 

RTÜK, bir sunucu ve konuğunun, Afet ve Acil Durum Yönetimi Başkanlığı’nın (AFAD) depremzedelerden yakınlarını enkaz altından kurtarmak için iş makinelerini kiraladığını iddia eden bir habere atıfta bulunmasının ardından Halk TV’ye de “kanaatlerin serbestçe oluşmasını engellediği” gerekçesiyle aynı cezayı verdi.

 

TELE1 ayrıca, “18 Dakika” programının sunucularının AKP’li Şanlıurfa Belediyesi’ni eleştirmesi ve belediyenin yabancı hükümetler tarafından deprem yardımı için Türkiye’ye sağlanan fonları Afganistan’daki Taliban’a aktardığı iddialarını dile getirmesi üzerine “belediyeyi küçük düşürmek” suçundan aylık reklam gelirinin yüzde üçü oranında para cezasına çarptırıldı.

 

Bu cezalar, Şubat 2023’te Halk TV, TELE1 ve FOX TV’ye ve Mart 2023’te Halk TV, TELE1, FOX TV, Show TV ve Yıldız EN TV’ye verilen bir dizi cezanın ardından geldi. RTÜK ayrıca, eleştirel yayınları nedeniyle çok sayıda programa geçici yasaklar getirmiştir.

 

RTÜK 2022 yılında beş bağımsız yayıncıya toplam 17.335.000 Türk Lirası (yaklaşık 823.000 Avro) para cezası olmak üzere 54 ayrı ceza vermiştir. Buna karşılık, iktidara yakın kanallara toplamda 1.674.000 TL (yaklaşık 80.000 Avro) tutarında dört ceza almıştır.

 

İktidar sansürü yerel haber kanallarıyla sınırlı değil; Sanayi ve Teknoloji Bakanlığı, RTÜK’ün talebi üzerine Haziran 2022’de yayını engellenen Alman yayın kuruluşu Deutsche Welle’nin (DW) Türkçe servisinin lisansını Mart 2023’te yenilemedi. DW artık Türkiye’de tüzel kişilik olarak faaliyet gösteremeyecek ve muhabirleri ile editörleri, istikrarlı iş sözleşmelerinden ve sosyal güvenlik yardımlarından mahrum olarak serbest çalışmaya devam etmek zorunda kalacak.

 

Bu olayları, Türkiye’de 14 Mayıs 2023 tarihinde yapılacak cumhurbaşkanlığı ve milletvekili seçimleri öncesinde, iktidarın eleştirel haberciliği engellemeye ve bilgi akışını kontrol etmeye yönelik sistematik girişiminin bir parçası olarak görüyoruz.

 

Yayın düzenleyici rolünü yürüten RTÜK’ü, bağımsız yayıncılara yönelik baskıya derhal son vermeye ve ülkede ifade hürriyeti ve medya çoğulculuğunu güvence altına alma vazifesine uygun davranmaya çağırıyoruz.

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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Top Channel Albania Library

Albania: Press freedom organisations and journalist associations call for…

Albania: Press freedom organisations and journalist associations call for swift justice following deadly attack on Top Channel

Today, 27 March 2023, security guard Pal Kola, 60, was shot dead by unknown assailants on the premises of the leading national TV station Top Channel, where he was stationed in a booth outside the building​​.

Today, 27 March 2023, security guard Pal Kola, 60, was shot dead by unknown assailants on the premises of the leading national TV station Top Channel, where he was stationed in a booth outside the building​​. The heinous attack took place around one o’clock in the morning. State police have since established a dedicated investigative team and are working closely with the Prosecutor’s Office to actively pursue the perpetrators. A car suspected to have been used in the crime was found burned out a few kilometres away from the crime, together with two Kalashnikov rifles. 

 

The undersigned partners in the Media Freedom Rapid Response and the Safe Journalists Network are deeply saddened to learn about this shocking attack. Our thoughts are with Pal Kola’s family, friends and co-workers. We call on the police and prosecutorial services to conduct a prompt, effective, independent and transparent investigation to establish the motive and circumstances of the shooting. We will follow the case closely until all perpetrators and masterminds have been brought to justice. 

 

Our organisations welcome that the Professional Association of Journalists, President Bajram Begaj, Prime Minister Edi Rama and many other public figures from across the political spectrum have also denounced the attack and called for a decisive response from law enforcement. The killing of Kola is set against a background of unacceptable, frequent violence against media professionals in Albania. Mere weeks before the shooting, a crew from Top Channel’s investigative TV show Fiks Fare were threatened at gunpoint while filming a report about the illegal extraction of inert materials from a river bank outside Tirana. 

 

The recent cases of violence against journalists underscore the threats media professionals face in their work. Delays in efforts to hold those responsible accountable result in impunity. We also urge the authorities to take all necessary measures to prevent future attacks. We will continue to advocate for journalists’ and media workers’ safety and security, including through better implementation of international and regional standards developed within the Council of Europe, European Union and United Nations.

Signed by:

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

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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Serb Member of the Presidency of Bosnia and Herzegovina Milorad Dodik Library

Bosnia and Herzegovina: Call on the National Assembly to…

Bosnia and Herzegovina: Call on the National Assembly to reject defamation law amendments

The Media Freedom Rapid Response is concerned by the recent developments in Republika Srpska, one of the two entities of Bosnia and Herzegovina, where the government has introduced amendments to the Criminal Code that would re-criminalise defamation.

In the discussions around the proposal, entity President Milorad Dodik accused journalists of lying, using strong derogatory language. Ahead of the session on 21 March, the undersigned partners urge members of the Republika Srpska National Assembly to reject the amendments.

 

On 31 October 2022, President Dodik published a thread on Twitter calling for the Minister of Justice to prepare new, and amend existing laws, with the goal to re-introduce defamation and insults as “criminal offences” in the Criminal Code of the Republika Srpska. This news was followed on 2 March 2023 by the National Assembly’ announcements that Republika Srpska had introduced draft amendments to the Criminal Code to re-criminalise defamation.

 

If approved by the National Assembly, the draft law would give way to arbitrary interpretation of what constitutes an insult or a degrading comment, and would allow for unjustified prosecution of journalists, members of civil society or organisations reporting on corruption and other public interest matters, and anyone writing publicly on social media. Republika Srpska had decriminalised defamation in 1999 in line with developing international standards and practices. Making defamation a crime again would be a direct hindrance to the principles of freedom of the press, and a conviction would lead to fines of between 3,000 and more than 50,000 euros.

 

The bill was strongly criticised by media workers and journalists’ organisations. On 14 March, journalists gathered in front of the National Assembly of Republika Srpska to protest the bill on criminal defamation, and appeal to the people’s deputies to dismiss the proposed amendments. The Parliament has postponed the discussion to debate the amendments to 21 March.

 

The discussions around the re-introduction of criminal defamation sparked unacceptable comments directed at journalists and media organisations during press conferences, often televised. Dodik on several occasions accused journalists of lying, while using strong derogatory language. This comes at a time when journalists in this entity are coming under increasing attacks and pressure: the recent interrogation of Nikola Morača, who works for the newspaper EuroBlic and the portal SrpskaInfo, and several editors and journalists, pressured by the police to reveal their sources; and the vandalism of the cars belonging to Morača and editor of Buka news portal Aleksandar Trifunović, are further concerning examples. Even before the beginning of the investigation Dodik accused the journalists of orchestrating the attack themselves.

 

Another worrying announcement by President Dodik is the introduction of the so-called “foreign agent law” on the activities of non-governmental organisations and associations – a copycat move from Georgia, whose bill was eventually withdrawn after being heavily criticised for its incompatibility with the laws protecting freedom of expression and freedom of association.

 

Our organisations strongly disagree with the proposed amendments and criminalisation of defamation and denounce any attempt to undermine, denigrate or hinder journalistic work. We will continue to closely monitor the situation in Republika Srpska in particular, and will respond to all threats to media freedom in Bosnia and Herzegovina. This includes the documentation of cases on the Mapping Media Freedom and the Council of Europe’s Safety of Journalists platforms.

Signed by:

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

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

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Library

Action needed: The European Commission Safety of Journalists Recommendation

Action needed: The European Commission Safety of Journalists Recommendation

Today, 16 March 2023, marks 18 months since the adoption by the European Commission of its Recommendation to the Member States on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union. The European Commission is due to perform an evaluation based on key performance indicators, to take stock of the progress achieved by the Member States. In this context, the partners in the Media Freedom Rapid Response (MFRR) call on the European Commission and the Member States to develop comprehensive and regular reporting mechanisms that involve all key stakeholders to effectively measure and continually follow up on the Recommendation’s implementation.

We urge the Member States to take action for the safety of journalists without further delay and implement the provisions of the Recommendation.

 

The European Commission’s Recommendation came at a critical time. As documented by the MFRR on our Mapping Media Freedom platform and analysed in the Monitoring Reports, as well as the Council of Europe’s Platform to promote the protection of journalism and the safety of journalists, the safety of journalists in Europe is in deep crisis. Reporters across the Union face many forms of pressure and attacks. In 2022, the MFRR recorded 415 alerts in EU Member States. Verbal attacks such as intimidation and threats or insults constituted the main type of incident, involving 42% of all alerts, while physical attacks were involved in 20% of cases and attacks to property in 17%. The latest Annual Report by the Council of Europe Platform partners meanwhile characterises the situation as a “context of a continued degradation of press freedom across the continent”.

 

At the time of its publication, the MFRR partners underlined that the key to the Recommendation’s success will lie in following up on its outcomes and holding the Member States to account. Despite clear international laws and standards for improving journalists’ safety, they did too little to turn the tide on the rising number of attacks on journalists. The Recommendation in this regard explicitly aims to support the implementation of the Council of Europe’s standards, particularly its Recommendation 2016(4).

 

To help kickstart the conversation on the Recommendation’s implementation, the MFRR is currently surveying EU-based affiliates of the European Federation of Journalists (EFJ), which are journalists’ unions and professional associations, on the actions and progress achieved so far. Their active involvement, and that of journalists and media workers more broadly, by the Member States and the European Commission in putting the Recommendation into practice is central to ensuring that the measures taken by Member States are effective. The survey focuses, in particular, on those specific recommendations that explicitly call for the involvement of journalists’ representatives. While the MFRR will publish the full results of the survey later this Spring, three key preliminary findings are worth highlighting now:

 

  • After 18 months, the implementation of the Recommendation is very uneven, with pronounced differences between the Member States and from one recommendation to another.
  • Evaluating the implementation status is a nuanced undertaking, with our research indicating many instances of partial implementation.
  • Obtaining a clear picture of any progress achieved becomes even more challenging when considering the impact. For one, some of the implemented measures and actions may need time to yield results, and it may simply be too early to draw either positive or negative conclusions about their effectiveness. In some other cases, even partial implementation of a recommendation has had a positive impact already, which can provide helpful insight on how to proceed with structuring further reforms for the Member State involved or for others who are lagging behind even further.

 

Although merely preliminary, these findings are nevertheless instructive as to the task ahead for the Member States and the Commission. It is clear that they must develop reporting and evaluation tools and procedures at national and regional levels that result in a meaningful assessment of the measures and actions that have been undertaken to implement the Recommendation. Measuring performance will require a nuanced approach to collecting data and developing indicators to capture the complexity of the challenge at hand. Only then will the Recommendation be able to deliver on its aim of strengthening media freedom and pluralism by promoting joint and coordinated efforts by the Member States. Moreover, given the uneven implementation, the process focusing on the Recommendation’s implementation evidently cannot be a one-off. Sustained engagement will be needed going forward and must involve all relevant stakeholders, including journalists and media workers, their associations and unions, civil society and media owners.

 

As concerns the design of this process, we believe useful lessons can be drawn from the experience with the Rule of Law reports to ensure its credibility, inclusiveness and impact. The MFRR partners call on the European Commission and Member States to develop a transparent process for collecting and evaluating pertinent data. Core information about all main aspects should be communicated well ahead of time. This should include clear timelines, criteria for selecting stakeholders based on protocols established jointly with non-State actors, and a transparent methodology for processing their input. To ensure the process generates action, it should result in specific recommendations and follow-up questions, guiding governments on the actions needed to address identified shortcomings, enabling civil society to monitor follow-up action and seek accountability, and promoting a transparent and participatory dialogue between all stakeholders.

Signed by:

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

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

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Slavko Ćuruvija. Photo by Slavko Ćuruvija Foundation / Predrag Mitić Library

Slavko Ćuruvija: Cycle of impunity for killing of journalists…

Slavko Ćuruvija: Cycle of impunity for killing of journalists in Serbia must be broken

Following the start of the retrial last week at the Court of Appeal for the 1999 murder of Serbian editor and publisher Slavko Ćuruvija, the undesigned partners of the Media Freedom Rapid Response (MFRR) and the SafeJournalists Network (SJN) today renew our call for justice for his killing to finally be secured.

The pending ruling – which will either confirm or dismiss the previous guilty verdicts handed down to four state security agents for carrying out and planning his assassination – will be the most consequential for media freedom and journalism in Serbia’s modern history.

 

Coming nearly 24 years after the editor and founder of the Daily Telegraph and Evropljanin was killed in Belgrade on 11 April 1999, the implications of the decision of the five-member panel of judges for Serbia are hard to overstate.

 

Most significantly, the confirmation of the verdicts sentencing the defendants to a total of 100 years in prison would finally bring to a close a more than two-decade long fight for justice led by Ćuruvija’s family, loved ones, colleagues and civil society organisations.

 

Attaining the convictions would represent a remarkable achievement for those who have sacrificed so much to ensure that Ćuruvija’s legacy is honoured and those who gunned him down at the entrance of his apartment are not able to act with impunity.

 

Given that no one has ever been convicted of the murder of a journalist in Serbia’s modern history, this would represent a vital judicial milestone. Amidst the current toxic climate for the safety of journalists in Serbia, it would also send a clear message that anyone considering trying to attack or silence a journalist will not escape accountability.

 

More widely, this appeal verdict – which shines a light on the crimes of the Milošević regime – represents a timely litmus test for the rule of law and democracy in Serbia, as well as of the resolve of authorities trying to solve the spate of killings of journalists in the late 1990s and early 2000s.

 

If high-level state officials are convicted, it will give much-needed hope that justice can, even decades after the crimes were committed, be achieved for other journalists killed amidst the bloody breakup of Yugoslavia: Milan Pantić in 2001, and Dada Vujasinović, the circumstances of whose death in 1994 was never fully established.

 

As we await the final verdict in the coming months, our organisations today restate our solidarity with Slavko Ćuruvija’s family, his widow Branka Prpa, and all those who have been so fundamental to the campaign for justice, including journalists and media associations, the Commission to Investigate the Murder of Journalists and the Slavko Ćuruvija Foundation.

 

Moving forward, we hope justice for Slavko Ćuruvija will be secured and that the vicious cycle of impunity for the killings of journalists in Serbia will, finally, be broken.

Signed by:

  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • SafeJournalists Network members:
  • 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
  • Trade Union of Croatian Journalists

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

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Library

Italy: Prosecutor issues seizure order for article published by…

Italy: Prosecutor issues seizure order for article published by newspaper Domani

The Media Freedom Rapid Response (MFRR) condemns the decision of the Italian prosecutor to issue a seizure order for Domani’s investigative article, following a criminal complaint by the Undersecretary at the Ministry of Labour and Social Affairs of the current government.

Italian press freedom is seriously threatened by yet another attempt by a member of the current government to silence independent journalism. The undersigned media freedom and civil society organisations strongly condemn the decision of the Italian prosecutor to issue a seizure order for Domani’s investigative article, following a criminal complaint by Claudio Durigon, Undersecretary at the Ministry of Labour and Social Affairs of the current government. No journalists expressing their opinion or investigating on matters of public interest should fear nor be exposed to intimidation, conviction, or imprisonment.

 

On March 3, 2023, journalists Giovanni Tizian and Nello Trocchia found out that Durigon had initiated a legal action through the visit of two police officers knocking at Domani’s newsroom door who presented them with a seizure order for an article they had authored. The seizure order mentioned that the undersecretary of Labour had initiated a criminal defamation lawsuit against “unknowns”. It is understood the criminal complaint identifies only the article as its subject. 

 

The article by Tizian and Trocchia, published in January 2023, revealed Durigon’s alleged ties with individuals connected with local criminal organisations. The report examined how in 2018, while serving as an MP and national secretary of the Italian General Labour Union, Durigon had supported the career of a now convicted union member, Simone Di Marcantonio. In January, Di Marcantonio was found guilty in the first instance of extortion, linked to a criminal clan operating in the province of Latina. Di Marcantonio is also indicted for acting as a front man for a Calabrian ‘ndrangheta boss.

 

In response to Domani’s article, Durigon filed a complaint for criminal defamation through the press, based on article 13 of Italian criminal code 47/1948, a provision carrying prison sentences of up to six years, which was ruled unconstitutional by the Italian Constitutional Court (ruling 150/2021).

 

Following Durigon’s complaint, the Italian prosecutor ordered the seizure of a hard copy of the indicted article, despite the fact that Tizian and Trocchia’s report was fully available on Domani’s webpage. Such atypical proceedings by the Court of Rome represent an alarming abuse of legal actions at the hands of Italian authorities and public officials. This unnecessary intrusion into Domani’s newsroom signals Italian authorities’ increasing recourse to tactics aimed at intimidating and silencing independent voices and media, raising criticism towards public officials.

 

Italian authorities’ decision to resort to a seizure order has a serious chilling effect. Together with a rising number of defamation lawsuits brought by members of the current government, it indicates a worrying deterioration of press freedom in Italy. Along with Prime Minister Georgia Meloni, Minister of Infrastructures Matteo Salvini and Minister of Culture Gennaro Sangiuliano, Durigon is the fourth member of the current Italian government resorting to a legal action to silence criticism from the press. 

 

Current Italian government officials have been increasingly responding to articles reporting on issues of public interest with lawsuits. This is an alarming trend. Public figures holding elected office have a duty to act responsibly and be prepared to accept a higher level of public scrutiny, in accordance with both national and international rulings.

 

In expressing our solidarity with Domani’s newsroom, we therefore urge the competent authorities to refrain from resorting to such unjustified intimidatory practices towards Domani and any other newsroom in the future. We also call on Durigon to withdraw his criminal defamation complaint. 

 

More widely, we urge the Italian Parliament to adopt a comprehensive reform of defamation laws in Italy in line with international freedom of expression standards as a matter of urgency. This long overdue reform should centre on the decriminalisation of defamation and set limits within civil law on the amount in damages that can be sought to avoid creating undue obstacles to the journalistic profession. We also urge the Parliament to start a discussion to follow up on the Recommendations included in the EU Anti-SLAPPs initiative and to support the adoption of an advanced text of the EU Anti-SLAPPs Directive. 

 

Our organisations will continue to closely monitor this situation involving Domani and will respond to all threats to media freedom in Italy, including the documentation of cases on the Mapping Media Freedom platform.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited
  • Greenpeace Italia
  • International Press Institute (IPI)
  • Meglio Legale Aps
  • OBC Transeuropa (OBCT)
  • The Good Lobby Italia

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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