EU action needed to tackle spyware abuses after Pegasus…

EU action needed to tackle spyware abuses after Pegasus revelations

As the European Parliament today debates the Pegasus spyware scandal, the undersigned partners of the Media Freedom Rapid Response (MFRR) call for an immediate investigation into the alleged use of the spyware against journalists by Hungarian authorities and urge the strong implementation of new EU rules on the export of cyber-surveillance technology around the world.

Revelations by the Pegasus Project that at least 180 journalists in 20 countries had their phones infected by the NSO Group’s spyware underscored the need for urgent action by the international community to tackle the unregulated spread of such technology and to create safeguards for the protection of human rights, including the freedom of the press.

Within the European Union, credible allegations indicate that Pegasus was illegally deployed by Hungarian intelligence or national security services in 2018 and 2019 against at least five journalists, including András Szabó and Szabolcs Panyi from Direkt36, one of Hungary’s last remaining independent media outlets. Fresh revelations surfaced last week when Hungarian media reported that Zoltán Páva, the publisher of the news portal Ezalenyeg.hu and former Member of the European Parliament, had been surveilled using Pegasus as recently as May this year.

Last week it was also revealed that the German Federal Criminal Police Office (BKA) secretly purchased the technology from NSO in 2019. In France, prosecutors are probing allegations that journalists from media outlets including Le Monde, Agence France-Presse and FRANCE 24 were surveilled by Moroccan intelligence services using Pegasus.

The failure to control the acquisition, trade and use of such intrusive technology inside the bloc means that the number of EU member states to have bought Pegasus or other similar cyber-surveillance technology remains unknown. Current estimations may represent the tip of the iceberg. This opacity poses significant threats to journalistic sources, privacy and safety, undermines media freedom and constitutes a clear failure by the EU to close the gaps in its regulatory framework.

As Parliament debates the matter, our organisations again urge the European Commission to conduct an independent and impartial investigation into alleged abuses by the Hungarian authorities against journalists and others. The Commission must establish the extent of Hungary’s use of Pegasus, identify what safeguards have been implemented and react to any abuses. Until such an investigation is carried out, the Pegasus revelations will continue to undermine journalists’ safety and have a chilling effect on what remains of independent media within the country. Robust and effective legal protection must be guaranteed within EU member states against unlawful surveillance by domestic intelligence, national security and law enforcement agencies to guard against human rights violations, including the right to freedom of expression and the right to privacy as protected under domestic, European and international law.

At the same time, the EU needs to protect journalists from illegal surveillance outside as well as inside its borders. Reports by NSO that suggest that EU member states Cyprus and Bulgaria granted export licenses for its technology are also deeply disturbing. While Cypriot authorities have denied to the Commission that it has any export links with NSO, the assurances remain unsatisfying. Meanwhile, the response from the Bulgarian authorities has yet to be disclosed. The Commission must renew its engagement with the relevant authorities in Sofia to seek immediate clarity. If confirmed, immediate action must be taken to revoke the export license and establish how and when it was granted.

EU member states themselves have a role to play. On September 9, after a decade of negotiation, new EU export controls came into force with the Recast Dual-Use Regulation, which among other things aims to strengthen controls on the international trade of so-called “dual-use” cyber-surveillance tools. The MFRR urges all 27 member states to swiftly implement this landmark regulation and to collaborate in a transparent manner with the Commission on the sharing of information involving the export of such surveillance tools from the customs union.

The subsequent annual report prepared by the Commission under this regulation should act as a much-needed tool for holding the national authorities authorising the sale of this technology to account. It will also lift the veil on the potential sale of spyware tools by commercial actors based in EU member states to authoritarian regimes around the world. For too long the industry has been able to escape proper oversight and regulation. The Commission should closely monitor and enforce states’ adherence to the new rules. Moving forward, more frequent compilation of information and updates about the buying and selling of advanced surveillance tools may be required to address a fast-changing market.

Despite the modest advances in rights protection in relation to the licensing of these technologies for export from the EU subsequent to the entry into force of the recast dual-use regulation, there evidently remains the need for an internationally applicable regulatory framework that can prevent, mitigate and redress the negative human rights impact of surveillance technology. Until this is in place, we continue to call for a global moratorium on the sale and transfer of spyware technology. The European Union should lead the way on pushing for international agreements on the freeze of sales of these cyberweapons around the world.

Signed by:

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

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France: Journalist Thomas Dietrich interrogated for two hours by…

France: Journalist Thomas Dietrich interrogated for two hours by police

Police summoned Le Média journalist Thomas Dietrich to Puteaux police station (Paris), where he was interrogated for two hours over a recent journalistic investigation. The International and European Federations of Journalists (IFJ/EFJ) joined their affiliate in France, the SNJ-CGT, in denouncing the attempted intimidation and have called on the authorities to dismiss the groundless complaint against him.

The summons followed a complaint filed by the former head of the Chadian political police, Mahamat Ismaël Chaïbo, for “threats to commit a crime or an offence” after the journalist went to his home in Paris to ask him questions. The journalist denied making any threat during the interview with Chaïbo, which took place last week on the doorstep of his apartment and was recorded. During the interview, Chaïbo responded to a few questions and eventually called his lawyer, saying a journalist was asking “dumb questions” and requested him to “prepare a complaint”.

Dietrich was released after three hours in custody, during which the police asked him questions for two hours regarding Chaibo’s allegations of threats. No charges have been filed against the journalist but the complaint has not been dismissed. Dietrich says he believes the action was designed to pressure him to stop his investigation and find his sources.

Dietrich is an experienced journalist who has been investigating Franco-African relations and crimes committed by authoritarian regimes close to French governments for several years.

“We can only be astonished at the speed of these intimidation maneuvers by the French police against our journalist, even though the authorities have twice allowed Mr. Chaïbo to return to Chad, despite his summons and the publication of our investigation,” said Le Média in a press release.

The French journalists’ union SNJ-CGT denounced the move as a clear attack on the right to information: “This obvious desire to put pressure on a journalist who is well known to the Chadian services and the government in power is intolerable. The SNJ-CGT is doing everything in its power to ensure the safety of a journalist who is in the sights of the Chadian regime and some Franco-African networks, so that he can continue his investigations,” said deputy secretary for International affairs Pablo Aiquel.

IFJ General Secretary, Anthony Bellanger, said: “We cannot accept that the authorities harass and judicially pressure a journalist to stop him from doing his job. We stand in solidarity with Thomas and urge this groundless case to be closed.”

EFJ General Secretary Ricardo Gutiérrez added: “This case is serious as it is an attempt to intimidate a journalist and interfere with his investigative work. Thomas Dietrich was only doing his job as a journalist, asking questions and confronting the facts. His case must be closed immediately.”

First published on EFJ's website

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Urgent solution needed as Slovenian Press Agency funding crisis…

Urgent solution needed as Slovenian Press Agency funding crisis passes 250 days

More than 250 days have now passed since the Slovenian Press Agency (STA) last received state funding for carrying out its public service mission from the government of Janez Janša, which currently presides over the Presidency of the Council of the European Union.

Since the beginning of the year, the STA has been forced to operate without public funds guaranteed to it under two separate laws while a contractual dispute manufactured by the Government Communication Office (UKOM) is played out with the aim of forcing the agency to submit to greater government control.

As the Slovenian government took over the rotating presidency of the European Council in July, an end to the crisis appeared to be in sight after the administration pledged to resolve the issue. However, the reworked public service agreement for 2021 included conditions which left the STA’s management with a choice between its existence or independence and it was not signed. Despite repeated calls for negotiations, UKOM refused and the government instead passed a controversial regulation on STA’s financing. Top government officials have meanwhile continued to try to discredit and undermine the STA on social media.

Two months on, UKOM’s summer pledge to resolve the crisis has proven to be hollow and the STA now faces imminent financial collapse. Recent warnings by the agency’s unions are stark. If some form of state funding is not reinstated immediately, the STA could face insolvency by the beginning of October 2021. More than 80 journalists, media workers and other staff would be laid off. A central part of the country’s media ecosystem would fall silent and an important pillar of Slovenia’s democracy would be dismantled.

On Monday, Slovenia’s Supreme Court issued an important judgement confirming that the state has a duty to fund the STA in 2021 in line with the agency’s business plan. Yesterday, UKOM and the STA announced a resumption of negotiations. However, it is the belief of our organisations that this dispute has been intentionally drawn out by UKOM to drain the agency of resources, heap pressure on its management and ultimately back the STA so far against a wall that it has no choice but to accept its conditions. As detailed in a report by the Media Freedom Rapid Response (MFRR), this move to strongarm the agency into submission is not an isolated incident but part of a wider attack on the independence of public service media in general.

As new talks begin, the undersigned journalism and media freedom organisations call on UKOM and the government of Prime Minister Janša to immediately end the economic suffocation of the STA and take steps to ensure sustainable funding before its collapse. This will involve making a genuine effort to compromise on the most concerning elements of the agreement and creating a contract which safeguards both the STA’s financing and its independence.

At the very least, the administration must provide emergency funding to ensure the STA’s immediate survival while negotiations continue. Discussions can then begin on providing back payments for lost income. Moving forward, we urge the Slovenian authorities to provide guarantees that the STA’s funding and independence is ensured in the long-term.

The European Union cannot stand by as the leading press agency of a member state heading the EU Council presidency is silenced. We call on the European Commission to redouble its efforts to engage with the country’s leadership to end the crisis. Only then will the STA be able to continue the mission it was established to fulfill 30 years ago.

Signed by:

ARTICLE 19
Balkan Free Media Initiative
European Alliance of News Agencies (EANA)
European Broadcasting Union (EBU)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
Global Forum for Media Development (GFMD)
Index on Censorship
International Press Institute (IPI)
Media Diversity Institute
OBC Transeuropa (OBCT)
Public Media Alliance
Reporters Without Borders (RSF)
Slovene Association of Journalists
Slovenian Union of Journalists
Society of Journalists, Warsaw
South East Europe Media Organisation (SEEMO)
The Daphne Caruana Galizia Foundation

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Slovak journalists denied entry to press conference on high-level…

Slovak journalists denied entry to press conference on high-level corruption case

IPI joins leading Slovak media in protesting move.

The IPI global press freedom network today condemned the decision of the Slovak general prosecutor’s office to arbitrarily bar journalists from joining a press conference on a matter of major public interest on September 2, 2021. IPI urges the general prosecutor’s office to ensure that such incidents are not repeated and to grant journalists free access to press conferences in the future.

On September 2, the office of Maroš Žilinka, the Slovak general prosecutor, organized a press conference to which several media outlets were denied entrance. During this conference, Žilinka was due to offer an explanation of the controversial dropping of charges of several people, including an ex-spy boss. Journalists from the media outlets Denník N, Sme and Aktuality.sk arrived at the scene to report, after hearing about the 2pm press conference by accident, but were not allowed to attend. According to Sme, only journalists from four selected TV channels were allowed into the press conference, which the general prosecutor accredited to a lack of space. The general prosecutor did not publish a list of invited media.

“IPI joins leading editors in Slovakia in protesting against the unacceptable decision to block reporters from three leading media from accessing the general prosecutor’s press conference”, IPI Deputy Director Scott Griffen said. “There was no basis for this exclusion, which runs counter to democratic norms. There can be no discrimination against the press when it comes to access to information in the public interest. We urge the general prosecutor’s office to review its practices and ensure that similar incidents do not occur in the future.”

In response to the decision, the editors of the three outlets sent a letter to the general prosecutor in which they condemned the discriminatory decision. They also asked for an explanation as to why his office had violated the Press Code, which states that journalists have free access to information. “It is not clear to us by what criterion you excluded journalists from the three major news media from informing the public”, the letter, signed by Beata Balogová (Sme), Peter Bárdy (Aktuality.sk), and Matúš Kostolný (Denník N), stated. “The argument about lack of space is very poor and we cannot take it seriously.”

The editors call it “incomprehensible” that the prosecutor general’s office ignores the press law, which guarantees free access to information for journalists. “We urge you not to continue a similar selective approach to journalists and not to hide from critical media issues that are irreplaceable for democracy”, the letter concluded. The decision of the general prosecutor to ban the journalists from the conference was also criticized by politicians from several parties, such as Juraj Šeliga of Za Ľudí, Kristián Čekovský of OĽaNO and Ondrej Dostál of Sa.

First published on IPI's website

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Slovenia: MFRR calls for firm response after storming of…

Slovenia: MFRR calls for firm response after storming of public broadcaster RTV

Media Freedom Rapid Response (MFRR) partners today strongly condemn the attack on the Slovenian public broadcaster RTV Slovenija (RTVS) by Covid-19 deniers and anti-vaccination protesters last Friday.

At around 8:30pm on 3 September 2021, protesters broke into the RTVS studio in Ljubljana. The group of about 20 protesters, believed to be from the OPS group (Aware Residents of Slovenia), entered the building and managed to break into a newsroom. The group’s main demands are to share their views about the Covid-19 pandemic on RTVS platforms, and for RTVS to halt its coverage of the health crisis and vaccination program. The group was demanding greater airtime on RTVS platforms to share their anti-vaccine views and an end to what they said was “censorship” in the broadcaster’s coverage of the Covid-19 pandemic.

Friday’s attack follows four months of demonstrations outside RTVS offices. While protesting outside the building, the group reportedly insulted and harassed staff. RTVS filed official complaints to the Ljubljana Police Centre during this time and police have launched an investigation.

After breaking through the security area and once inside the building, maskless protesters roamed the halls making demands and giving speeches denouncing RTVS through a microphone. No one was injured and the Ljubljana police said they would investigate the incident and act accordingly. RTVS filed a restraining order against the OPS members.

In a press release, the management of RTV Slovenia said that in their “violent intrusion into the premises of Television Slovenia, the protesters grossly abused the right to peaceful protest.” The press release said that security around the building would be strengthened and talks with relevant authorities will be planned.

Manica Janežič Ambrožič, the RTVS news programme editor, said it was an “unacceptable attack on the media, journalism and democracy”. Andrej Grah Whatmough, RTVS director general, condemned “in the strongest terms” a “grave attack”. Whatmough added that the management had been trying to raise the issue for months, but that because the area outside the RTVS building was public property little could be done by the authorities to stop the protesters assembling.

In a statement, the Slovenian Association of Journalists (DNS) denounced an attack on democracy and deplored a general deterioration in the safety of journalists in the country: “The escalation of hostility directed against journalists has been occurring and cultivating in society for some time. The Association has been warning for a long time that hostility on social networks and incitement against journalists and the media we are witnessing can turn into physical violence, which turned out on Saturday with the attack on RTV Slovenia.”

The Media Freedom Rapid Response partners join the Slovenian journalists’ organisations in calling on the authorities to send a clear signal that attacks on journalists, media workers and media outlets are unacceptable. The signatories call for a prompt investigation into this case and a firm response brought to those responsible.

Signed by:

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

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Malta: Concerns over campaign of disinformation and spoof websites…

Malta: Concerns over campaign of disinformation and spoof websites targeting media

The partner organisations in the Media Freedom Rapid Response (MFRR) are highly concerned about attempts to spread disinformation and discredit Maltese journalists and bloggers who write about the recently indicted murder suspect alleged to have orchestrated and funded the assassination of Daphne Caruana Galizia in 2017.

On 26 August, independent blogger Manuel Delia wrote that “someone somewhere is pretending to be me and sending emails that look like I’ve sent them and building spoof websites to look like they’re carrying things I wrote.” The smear campaign, which included fake emails from Delia saying he was suffering from a mental illness, came after the murder suspect falsely accusing Delia of pressuring a judge to keep him in prison. Delia was then targeted by harassment on social media that suggested he should be “taught a lesson”.

On 28 and 29 August, it was then reported that the websites of news outlets Times of Malta, Newsbook, Net News, Lovin Malta, TVM and StradaRjali as well as the non-governmental organisation Repubblika were spoofed. Many of the fake platforms were registered using the same domain registration service. The common thread between the fake articles is their apparent aim of discrediting journalists and bloggers writing about the alleged mastermind and casting doubt on the prosecution’s case against him.

While it is currently unclear who is behind the impersonation and fake websites, widely-read blogger Simon Mercieca has been feeding the frenzy, claiming (under the guise of asking critical questions) that Repubblika pays Delia 30,000 euros per year to be its Executive Officer and rents offices from Delia’s wife; both claims are untrue. It is not the first time that Mercieca has spread unverified or false information that aims to discredit reporters who cover criminal proceedings related to the main suspect in Caruana Galizia’s murder. For instance, earlier this month, Mercieca attempted to damage the reputation of Matthew Xuereb, Assistant Editor at the Times of Malta and President of the Institute of Maltese Journalists, by falsely claiming that Xuereb was behind a fake Facebook trolling profile.

Mercieca has also targeted the Caruana Galizia family, falsely claiming that they were in privileged possession of a non-PDF electronic version of the report of the Public Inquiry into Daphne Caruana Galizia’s assassination in advance of its publication which, Mercieca claimed, “allows the family to make corrections and changes, possibly also to its advantage”. Earlier this year, Mercieca purported that it was “pertinent to ask” whether organisations supporting Daphne Caruana Galizia’s cause “are receiving funds or help to pressurize our judiciary” in a thinly-veiled anti-Semitic post.

The MFRR stands in solidarity with the targeted journalists, media workers and members of civil society. We call on all those involved to immediately end their campaign of disinformation. The Maltese State must swiftly investigate and prosecute any criminal acts committed in this context. Furthermore, we call on the Maltese authorities to take decisive action towards the implementation of the Public Inquiry’s recommendations concerning the protection of journalists, including those stemming from its identification of the State’s failure to protect reporters and media workers before attacks escalate to physical violence.

Signed by:

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

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MFRR urges swift police action over Molotov cocktail attack…

MFRR urges swift police action over Molotov cocktail attack on home of Dutch journalist

The undersigned organisations of the Media Freedom Rapid Response (MFRR) today express serious concern over the Molotov cocktail attack on the home of journalist Willem Groeneveld in Groningen last night. We welcome the prompt response of the Dutch authorities to carry out a police investigation. Our organisations call on the authorities to analyse the safety measures that were in place, to establish the motive of the attack and to bring those responsible to justice.

Coming so soon after the fatal shooting of Dutch crime reporter Peter R. de Vries in Amsterdam in July, this potential attempted murder represents another serious attack on media freedom in the Netherlands. This requires a swift response to protect the safety of journalists. We urge the Dutch authorities to address this broader trend by starting a rigorous investigation into the circumstances and factors behind the recent increase in attacks on journalists within the country.

At around 2.45am on the night of 18-19 August, multiple Molotov cocktails were thrown through a window into Groeneveld’s apartment. After he and his partner awoke to the sound of smashing glass, they were able to extinguish the flames and no one was injured. The journalist said “several” explosives were thrown.

The identity of the attacker or attackers is currently unknown and police are currently analysing CCTV footage and speaking with witnesses. No indication of the motive or whether it was connected to Groeneveld’s journalistic work has yet been established by the authorities.

In recent months, Groeneveld, who is the founder and editor-in-chief of Sikkom, a youth platform that publishes news and investigative journalism about the city of Groningen, has faced pressure and intimidation over his reporting on local landlords and other issues. He is also a contributor to Dagblad van het Noorden, a daily newspaper.

In 2019, five stones were thrown through the windows of his Groningen home and in June Groningen city council denounced intimidation of the journalist by a local real estate entrepreneur. Bicycles were dumped in front of his house in response to an article he wrote and his address and phone number then appeared on Facebook, a practice known as “doxing”. Whether the doxing is connected to the attack remains unclear. Groeneveld had been receiving police protection for a while when the Molotov cocktail hit his house.

Thomas Bruning, the general secretary of the Dutch Association of Journalists (NVJ) is right; the nature of this incident means authorities must consider treating it as attempted murder. It is an attack on Willem Groeneveld, but also the entire Dutch journalistic community. This is even more concerning considering the Netherlands is ranked among the best countries in the world for the freedom of the press.

It is vital therefore that the Netherlands lead by example. The MFRR have reported the issue to the Council of Europe’s Platform for the Protection of Journalism and Safety of Journalists and the Mapping Media Freedom platform will continue to monitor this case closely.

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)
Osservatorio Balcani e Caucaso 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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Malta: Tycoon Yorgen Fenech to face trial for murder…

Malta: Tycoon Yorgen Fenech to face trial for murder of Daphne Caruana Galizia

Yorgen Fenech, a Maltese business mogul, has been indicted for the murder of anti-corruption journalist Daphne Caruana Galizia in 2017 and will face a trial by jury on a date yet to be set. Fenech faces charges of complicity in murder and criminal association. So far, Vince Muscat has been sentenced to 15 years in prison after pleading guilty to the murder earlier this year. Two further alleged hitmen, the brothers George and Alfred Degiorgio will also face trial. The European Federation of Journalists (EFJ) welcomes Fenech’s indictment and urges the Maltese authorities to finally end impunity and punish everyone involved in this heinous crime.

Almost four years have passed since Daphne Caruana Galizia was murdered in a car bombing on 16 October 2017 close to her home in northern Malta. Her reporting focused on high-level corruption, including investigations into the Panama Papers in 2016. She was investigating possible corruption in a contract between Fenech and the Maltese government for the building of a power station when she was killed.

While Vince Muscat, one of the hitmen contracted for the murder, has been sentenced to prison, Yorgen Fenech is considered the mastermind behind the murder by Caruana’s family. On 20 November 2019, Fenech was arrested while he was leaving Malta on his private yacht. He has been under arrest since, undergoing a pre-trial compilation of evidence where he pleaded not guilty.

The prosecutors who filed the bill of indictment in court today, Wednesday 18 August, are said to be pushing for a life in prison sentence for complicity in murder and an additional 20 to 30-year sentence for criminal association. Melvin Theuma, the assassination plot’s self-confessed middleman, had previously claimed that Fenech tasked him with organising the murder. The indictment bill reads: “Yorgen Fenech wanted Melvin Theuma to find someone willing to kill Daphne Caruana Galizia.” The date for the trial is yet to be set.

Mogens Blicher Bjerregård, the EFJ President, reacted: “Impunity for crimes against journalists must end. We are hopeful that justice will finally be served and we will closely observe the upcoming trials. Too often, it is only hitmen, if even, that get caught, while the masterminds behind the crimes are running free. The Maltese authorities must punish everyone involved in the brutal murder.”

In July 2021, a public inquiry into the assassination found the state of Malta responsible for her death, saying that the state had failed to recognise risks to the reporter’s life and take reasonable steps to avoid them. The inquiry concluded that a culture of impunity was created from the highest echelons of power in Malta, singling out former Prime Minister Joseph Muscat for enabling this culture of impunity.

First published on EFJ's website

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Malta: Yorgen Fenech to stand trial for murder of…

Malta: Yorgen Fenech to stand trial for murder of Daphne Caruana Galizia

Prosecutors seek life imprisonment on charges of complicity in murder and criminal association.

Maltese prosecutors today indicted the man accused of ordering the 2017 murder of journalist Daphne Caruana Galizia, in another important milestone in the fight against impunity and for full justice for her assassination.

On August 18, prosecutors filed the bill of indictment in court seeking life imprisonment for businessman Yorgen Fenech on charges of complicity in murder and criminal association, paving the way for him to stand trial by jury over the 2017 killing.

Prosecutors allege that in April that year, Fenech contacted a middleman about finding someone who could carry out the murder, provided €150,000 in cash to pay the alleged hitmen and ultimately gave the green light for the fatal car bomb to be detonated.

“Today’s indictment of the man alleged to have effectively orchestrated and funded the assassination is a milestone in the fight against impunity and another important step down the road to full justice for Daphne’s murder”, IPI Deputy Director Scott Griffen said. “Though a long and at times painful process for her family, we are glad to see the compilation of evidence result in a bill of indictment by prosecutors.

“The role of judging responsibility for this horrific crime will now lie with a Maltese jury. Until then, we continue to demand justice for Daphne’s murder and consequences for the corruption she exposed. She deserves the truth; her family deserve the truth. This case has global significance: impunity for those responsible cannot be allowed to continue.”

Long fight for justice

The long-sought indictment comes 46 months after the assassination in October 2017 and three weeks after an independent public inquiry concluded that the state must bear shared responsibility in fomenting a culture of impunity in which the murder could be carried out.

The business mogul has been in preventive custody since November 2019 after being arrested while allegedly trying to flee Malta aboard his yacht. Considerable evidence against him has since been compiled during a lengthy legal process.

IPI understands it is expected to take around one year for the trial to begin.

The alleged middleman, taxi driver Vincent Muscat, has already been sentenced to 15 years behind bars after changing his plea to guilty in February. The two alleged hitmen, brothers George and Alfred Degiorgio, are set to face trial over executing the contract killing. Both maintain their innocence.

The bill of indictment, a formal criminal accusation that a person has committed a crime, came the same day as Fenech’s legal team again requested bail in court. The prosecution contested by presenting WhatsApp messages sent by the accused which they allege demonstrate his intention to flee Malta after the assassination, which Fenech denies. It was also alleged Fenech ordered weapons including grenades and rifles with hundreds of bullets, as well as a gun silencer and 20 grams of potassium sodium cyanide powder.

Maltese media reported that it was understood prosecutors were seeking life imprisonment for the crime of complicity in murder and a further 20 to 30 years for criminal association. The indictment was filed by the Deputy Attorney General Philip Galea Farrugia.

First published on IPI's website

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Poland: PiS accelerates repolonization drive with passing of ‘Lex…

Poland: PiS accelerates repolonization drive with passing of ‘Lex TVN’

IPI urges Senate and president to reject amendment to media ownership law that targets critical broadcaster.

The IPI global network today expressed deep concern over the passing by the Polish parliament of an amendment to broadcast media law which threatens the independence of the country’s largest private television broadcaster, TVN. IPI urges stronger action by the U.S and European Commission to defend media freedom.

On August 11, lawmakers in the Sejm, the lower house of parliament, voted by a majority of 228 to 216 to approve the so-called “lex TVN” bill, with 10 abstentions. The amendment to broadcasting rules is aimed at forcing U.S.-owned Discovery to sell its controlling stake in TVN, whose influential all-news channel TVN24 and flagship evening news program have long held a critical editorial stance toward the ruling Law and Justice (PiS) party.

“The passing of this anti-TVN law by the Sejm is a significant step forward in the ruling party’s multi-year effort to muzzle one of its biggest media critics and the most disturbing attack yet on independent media in Poland”, said IPI Deputy Director Scott Griffen. “This law has always been about one goal: slicing through TVN’s ownership structure, opening the door to government-allied entities to acquire stakes, and ultimately engineering a shift in editorial position to one more favourable to PiS. These calculated efforts to push out foreign capital and ‘repolonize’ the media landscape ahead of legislative elections are right out of the Fidesz playbook in Hungary. This is media capture in action.

“Despite the setback last night, this fight is far from over. We urge the Senate to firmly reject this law in its current form. In this event, lawmakers in the Sejm must then put party politics and personal interests aside and vote for the good of Poland’s democracy. If the Sejm again votes to pass the amendment, the responsibility to veto will ultimately fall on Polish President Andrzej Duda. The stakes are high: if passed, this law would simultaneously shred Poland’s reputation as a welcome climate for foreign investment and deliver another serious blow to media pluralism and media independence.

“In the meantime, we urge the U.S. State Department to double diplomatic efforts to oppose this bill and defend TVN’s independence. Both U.S. interests and values are threatened. The European Commission also cannot stand idly by as a main source of independent news and information for millions of Poles is brought to heel by PiS. Formulaic statements by EU officials are not enough: words must be followed by concrete action to engage with Warsaw. If TVN and TVN24 are muzzled, it would be a devastating blow for media pluralism and a clear signal that no private media in Poland is safe from PiS’s interference.”

Dramatic day in Sejm

The passing of the law followed a dramatic day in the Sejm. After a heated initial debate, MPs voted to refer the draft amendment back to the Parliamentary Committee on Culture and Media to consider new proposed amendments, which would have protected U.S. investment in TVN. The Committee, which is controlled by lawmakers from PiS and its allies, swiftly rejected the amendments proposed by opposition parties.

With the bill returned to the lower house, debate resumed on the floor while PiS politicians ramped up negotiations behind the scenes to secure the required majority. As the atmosphere became more tense, a proposal to postpone the session until September was passed by a slim majority of MPs. Protesters gathered outside parliament began to celebrate and opposition lawmakers welcomed the adjournment as a victory. Jubilation soon turned to dismay, however, as inside the Sejm PiS lawmakers demanded that the vote be repeated.

Following a long break, the speaker, Elzbieta Witek, a PiS member, returned to the chamber and ordered that parliament be reconvened for a second vote on the motion, explaining that she had forgotten to specify the date of the next session. Despite outrage and accusations of foul play from opposition lawmakers, the adjournment vote was held again and the motion was rejected by 229 to 225, after MPs from the Kukiz’15 party switched sides. With scenes inside the chamber became increasingly chaotic, the original vote on lex TVN was held and PiS succeeded in securing the required majority.

The vote also capped a dramatic few days in Polish politics, during which the PiS-led majority government suffered a major setback after Prime Minister Mateusz Morawiecki dismissed the leader of a junior coalition partner, Agreement, from the government over his vocal criticism of the media law. In the wake of the vote, more than 800 journalists in Poland signed a statement in defence of TVN’s independence and protests against the law were held in more than 80 towns and cities across the country.

The amendment would prevent non-European owners from having controlling stakes in Polish media companies. As U.S.-based Discovery owns TVN through a subsidiary registered in the Netherlands, it would fall foul of the new regulations and could be faced with selling 51 percent of its stake in TVN, which is valued at around $1 billion. If it did not, channels such as TVN24 could be stripped of their media licenses. The law comes as TVN24 awaits a decision on the renewal of its current 10-year media license, which expires in September.

Ahead of the vote, IPI, the partner organizations of the Media Freedom Rapid Response (MFRR) and other leading press freedom groups wrote to members of the Sejm urging them to oppose the draft law.

First published on IPI's website