Greece: Real Group media offices targeted in arson attack

The partner organisations of the Media Freedom Rapid Response (MFRR) today join the Journalists’ Union of Athens Daily Newspapers (JUADN) in condemning the arson attack on the offices of newspaper Real News and the radio station Real FM in Athens on 13 July 2022.

13 July 2022

Our organisations call on the Greek law enforcement authorities to conduct a swift and thorough investigation into the motive and circumstances behind the fire and to bring the perpetrators and masterminds to justice. This case is yet another worrying example of the deteriorating press freedom in Greece, which requires immediate attention from state authorities.

On 13 July 2022, at 3:30am, at least four gas canisters exploded in the exterior stairwell of the offices of the Real Group headquarters in the Maroussi district of the capital. Three of the canisters had been taped together and placed with flammable liquid in the stairwell between the ground and first floors, while a fourth had been placed under the stairwell, according to reports.

Following the explosion, a fire broke out and damaged a large part of the building while employees working inside had to be evacuated. No major injuries were reported but a number of people were taken to hospital with respiratory problems. Photos and videos of large flames were shared on social media showing the extent of the fire, which was brought under control after 18 firefighters battled the blaze for two hours, according to media reports.

According to Real Group, surveillance cameras captured two masked individuals who were present at the scene shortly before the explosion. The authorities have not ruled out the possibility that a support group helped them and waited for the perpetrators at some distance from the building.

The Journalists’ union JUADN condemned the attack on press freedom and called for a transparent investigation: “When the media is set on fire, when the state cannot solve crimes against journalists and the media and bring perpetrators to justice, when groups aiming to intimidate, silence or control the media act without restraint, democracy is at risk.”

The situation of press freedom in Greece is of increasing concern to the MFRR organisations, which carried out a fact-finding mission last year amidst a deteriorating climate for free and independent journalism. Today, the European Commission echoed these significant concerns in its 2022 Rule of Law report on Greece and recommended that Greece “establish legislative and other safeguards to improve the physical safety and working environment of journalists”.

The quick condemnation of the attack by government officials, including Prime Minister Kyriakos Mitsotakis, is welcome and sends a clear signal that such intimidation will not be tolerated. However, this latest attack underscores the urgent need for the Greek government to effectively and swiftly implement the recently signed memorandum aimed at strengthening the protection and safety of journalists.

More widely, the lack of any tangible progress in bringing the killers of veteran Greek crime reporter Giorgos Karaivaz to justice only emboldens those aiming to silence the press and encourages similar attacks. Identifying and prosecuting those behind this arson attack, and ending impunity for other cases of violence, will be vital in the coming months for improving the landscape for media freedom in Greece.

Signed by:

European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
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, Candidate Countries and Ukraine.

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Albania: MFRR partners join an open letter to Prime…

Albania: MFRR partners join an open letter to Prime Minister Edi Rama

The partner organisations of the Media Freedom Rapid Response (MFRR) today join an open letter to Prime Minister Edi Rama from international press freedom groups over decision to ban journalists from press conferences.

06 July 2022

Dear Edi Rama, Prime Minister of Albania,

Endri Fuga, Director General of the Media and Information Agency

Teresa Ribeiro, OSCE Representative on Freedom of the Media

Olivér Várhelyi, EU Commissioner for Neighbourhood and Enlargement

Alexis Hupin, Chargé d’affaires at EU Delegation to Albania,

Dunja Mijatović, Council of Europe Commissioner for Human Rights

Yuri Kim, U.S. Ambassador to the Republic of Albania

Dear Prime Minister Rama,

The undersigned media freedom and freedom of expression organisations are writing to protest against your recent decision to unilaterally ban journalists from attending government press conferences and demand they undergo “re-education” after they asked challenging questions about matters of public interest.

Our organisations are concerned that these arbitrary restrictions seriously affect the ability of the press to carry out its watchdog role and seek answers about challenging issues. They are also emblematic of deeper problems regarding access to information for journalists and the obstruction of free and independent journalism in Albania, which ranks 103rd in RSF’s World Press Freedom Index, dropping annually by 20 places.

We note that during a joint press conference with Foreign Affairs Minister Olta Xhaçka on 1 July 2022, you responded to questions asked to the minister by journalist Klevin Muka of CNN affiliate A2 by telling him that he had violated the journalistic code of ethics and that he needed to undergo three months of “re-education” before he would be welcome at future press events.

In our assessment, the questions from Mr. Muka involved a legitimate matter of public interest on the recently established Code of Ethics of the Council of Ministers and potential conflicts of interest involving the minister in question, and therefore justified a response. Instead, he now faces an arbitrary three-month ban from press conferences, which will seriously affect his ability to properly carry out his professional duties.

Concerningly, we note this is not the first time a journalist has faced such a restriction. During a press conference outside the headquarters of the Socialist Party in March 2022, you told Syri.net TV journalist Ambrioza Meta that she required “re-education” and was barred from press conferences for 60 days, after she asked public interest questions about the arrest of a Socialist party MP and a corruption case linked to incinerators.

To our understanding, no formal administrative sanction exists in Albania which allows journalists to be unilaterally banned from attending government press conferences by individual politicians, even those holding executive office. It is our view therefore that the measures imposed on both Klevin Muka and Ambrioza Meta were arbitrary and unjustified.

In a democratic society, it is not the role of elected officials to personally impose disciplinary measures on individual journalists over what they consider to be alleged breaches of ethics. We therefore urge you to immediately reverse the restriction on Klevin Muka and to refrain from imposing such measures on all members of the press in the future.

Our organisations believe strongly in professionalism and integrity of the journalistic profession, for which there are important initiatives in Albania underway. However, adherence to journalistic ethics and standards should be observed and handled from within the journalistic community itself, rather than imposed by political forces.

More generally, we see these restrictions as illustrative of wider problems regarding access to information for journalists and media freedom in Albania, issues our organisations have repeatedly raised concerns about. We also note the protest organised by journalists in Tirana on 4 July 2022, which criticised the restriction as emblematic of broader efforts by political forces to dictate what questions can and cannot be asked by journalists at press conferences.

We hope to see this situation remedied as quickly as possible. Moving forward, our organisations will also continue to monitor the situation for media freedom in Albania and to push for measures which foster a better climate for independent and watchdog media. We look forward to seeing your response and welcome any opportunity for further discussion.

Signed:

Balkan Free Media Initiative

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

International Press Institute (IPI)

OBC Transeuropa (OBCT)

Reporters Without Borders (RSF)

SafeJournalists Network

Lënda: Letër e hapur, Kryeministrit Edi Rama nga grupet ndërkombëtare për lirinë e shtypit për vendimin mbi ndalimin e gazetarëve nga konferencat për shtyp

Drejtuar: z. Edi Rama,

Kryeministër i Shqipërisë

Për djeni:

Endri Fuga, Drejtor i Përgjithshëm i Agjencisë së Medias dhe Informacionit

Teresa Ribeiro, Përfaqësues i OSBE-së për Lirinë e Medias

Olivér Várhelyi, Komisioner i BE-së për Fqinjësinë dhe Zgjerimin

Alexis Hupin, i Ngarkuari me Punë në Delegacionin e BE-së në Shqipëri,

Dunja Mijatovic, Komisionere e Këshillit të Evropës për të Drejtat e Njeriut

Yuri Kim, Ambasadore e SHBA-së në Republikën e Shqipërisë

I nderuar Kryeministër Rama,

Organizatat e nënshkruara për lirinë e medias dhe lirinë e shprehjes po ju shkruajnë për të shprehur shqetësimin tonë për vendimin tuaj të fundit për të ndaluar në mënyrë të njëanshme pjesëmarrjen e gazetarëve në konferencat e shtypit të qeverisë dhe për të kërkuar që ata t’i nënshtrohen “riedukimit” pasi ata drejtuan pyetje sfiduese për çështje me interes publik.

Organizatat tona janë të shqetësuara se këto kufizime arbitrare ndikojnë seriozisht në aftësinë e shtypit për të kryer rolin e tyre mbikëqyrës dhe për të kërkuar përgjigje për çështje sfiduese. Ato janë gjithashtu emblematike e problemeve më të thella në lidhje me aksesin në informacion për gazetarët dhe pengimin e gazetarisë së lirë dhe të pavarur në Shqipëri, e cila renditet e 103-ta në Indeksin Botëror të Lirisë së Shtypit të RSF-së, duke rënë çdo vit me 20 vende.

Kemi vëmë re se gjatë një konference të përbashkët për shtyp me ministren e Jashtme Olta Xhaçka, më 1 korrik 2022, ju iu përgjigjët pyetjeve të gazetarit Klevin Muka të stacionit A2 degë CNN, duke i thënë se kishte shkelur kodin e etikës gazetareske dhe se ai duhej t’i nënshtrohej tre muajsh “riedukimit” përpara se të ishte i mirëpritur në konferencat e rradhës për shtyp.

Në vlerësimin tonë, pyetjet e zotit Muka përfshinin një çështje legjitime me interes publik mbi Kodin e Etikës të Këshillit të Ministrave të sapokrijuar dhe konflikte të mundshme interesi që përfshijnë ministren në fjalë, dhe për këtë arsye justifikonin një përgjigje. Në vend të kësaj, ai tani përballet me një ndalim arbitrar prej tre muajsh nga konferencat për shtyp, gjë që do të ndikojë seriozisht në aftësinë e tij për të kryer siç duhet detyrat e tij profesionale.

Me shqetësim, theksojmë se kjo nuk është hera e parë që një gazetar përballet me një kufizim të tillë. Gjatë një konference për shtyp jashtë selisë së Partisë Socialiste në mars 2022, ju i keni thënë gazetares së TV Syri.net, Ambrioza Meta se ajo kishte nevojë për “riedukim” dhe u ndalua nga konferencat për shtyp për 60 ditë, pasi ajo bëri pyetje me interes publik për arrestimin e një deputeti të Partisë Socialiste dhe një rast korrupsioni të lidhur me inceneratorët.

Në këndvështrimin tonë, në Shqipëri nuk ekziston asnjë sanksion administrativ zyrtar që lejon që gazetarët të ndalohen në mënyrë të njëanshme të marrin pjesë në konferencat e shtypit të qeverisë nga politikanë individualisht, apo edhe ata që mbajnë poste ekzekutive. Prandaj mendojmë se masat e vendosura si ndaj Klevin Mukës ashtu edhe ndaj Ambrioza Metës ishin arbitrare dhe të pajustifikuara.

Në një shoqëri demokratike, nuk është roli i zyrtarëve të zgjedhur që të vendosin personalisht masa disiplinore ndaj gazetarëve si individ mbi ato që ata konsiderojnë – me të drejtë ose jo – si shkelje të pretenduara të etikës. Ndaj ju bëjmë thirrje që të hiqni menjëherë kufizimin ndaj Klevin Mukës dhe të përmbaheni nga vendosja e masave të tilla ndaj të gjithë anëtarëve të shtypit në të ardhmen.

Organizatat tona besojnë fort në profesionalizmin dhe integritetin e profesionit të gazetarit, për të cilin janë duke u zhvilluar nisma të rëndësishme në Shqipëri. Megjithatë, respektimi i etikës dhe standardeve gazetareske duhet të respektohet dhe trajtohet nga brenda vetë komunitetit gazetaresk, në vend që të imponohet nga forcat politike.

Për më tepër, ne i shohim këto kufizime si ilustruese të problemeve më të gjera në lidhje me aksesin në informacion për gazetarët dhe lirinë e medias në Shqipëri, çështje për të cilat organizatat tona kanë ngritur vazhdimisht shqetësime. Vëmë re gjithashtu protestën e organizuar nga gazetarët në Tiranë më 4 korrik 2022, e cila kritikoi kufizimin emblematik të përpjekjeve më të gjera të forcave politike për të diktuar se çfarë pyetjesh mund dhe nuk mund të bëhen nga gazetarët në konferencat për shtyp.

Shpresojmë që kjo situatë të përmirësohet sa më shpejt që të jetë e mundur. Duke ecur përpara, organizatat tona do të vazhdojnë gjithashtu të monitorojnë situatën për lirinë e medias në Shqipëri dhe të nxisin masat që mbështesin një klimë më të mirë për mediat e pavarura dhe vëzhguese.

Ne mbetemi në pritje të përgjigjes tuaj dhe mirëpresim çdo mundësi për diskutim të mëtejshëm.

Nënshkruar:

Balkan Free Media Initiative

Qendra Evropiane për Lirinë e Shtypit dhe Medias (ECPMF)

Federata Evropiane e Gazetarëve (EFJ)

Instituti Ndërkombëtar i Shtypit (IPI)

OBC Transeuropa (OBCT)

Reporterët pa Kufij (RSF)

Rrjeti i Gazetarëve të Sigurt (SJN)

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Greece: MFRR partners welcome acquittal of journalists in Novartis…

Greece: MFRR partners welcome acquittal of journalists in Novartis criminal case

The partner organisations of the Media Freedom Rapid Response (MFRR) today welcome the resounding exoneration of four Greek journalists and publishers who faced criminal charges and potential lengthy prison sentences linked to their media outlets’ investigative reporting which unveiled the Novartis pharmaceutical scandal. The acquittals represent an important validation of watchdog journalism in Greece and a vital – yet costly – victory for the rule of law and press freedom.

On 30 June 2022, the Judicial Council of the Supreme Court ruled that all allegations made against the journalists were baseless and declined to send them to full trial at the Special Court. The four journalists were: Kostas Vaxevanis, a veteran investigative journalist and publisher of Documento newspaper, Ioanna Papadakou, a former investigative journalist for To Vima newspaper, Ioannis Filippakis, publisher of newspaper Dimokratia and Alexandros Tarkas, a reporter at Dimokratia.

If eventually convicted of the four criminal charges – which included alleged membership of a criminal organisation which conspired to fabricate news stories about the Novartis scandal and three separate counts of conspiracy – each could have faced prison sentences of up to 20 years. All four maintained their innocence throughout the proceedings in the face of intense pressure.

Over the last six months our organisations have been closely following the hearings, called for guarantees of independence in the process, registered our concern on the Council of Europe’s safety of journalists platform, carefully assessed the evidence presented by prosecutors, and have been in contact with the journalists to provide support.

In our view, the evidence presented against the journalists lacked substance or legitimacy from the outset. Each of the journalists has expressed concern that the charges against them were a politically motivated attempt to criminalise them and punish their media outlets for years of hard-hitting investigative reporting.

The criminal nature of the charges, their connection to reporting on corruption, and the potential imprisonment of journalists in an EU Member State, raised major concerns amongst our organisations and at the European level, all at a time when Greece was already in the spotlight over a decline in press freedom under the New Democracy government. These criminal charges were among the most serious levied against members of the press anywhere in the EU at that time.

While the news of their acquittal is welcome, we are deeply concerned by the pressure faced by the journalists during the proceedings. Comments made by certain politicians and in particular Prime Minister Kyriakos Mitsotakis – who referred to some of the journalists as a “gang” in parliament – were deeply regrettable. This pressure has taken a serious psychological toll on all of those involved. Meanwhile, an MEP who spoke out publicly against the criminal charges and raised concern about the freedom of the media was expelled from the party.

In our view, this case is emblematic of far wider issues facing media freedom and the exercise of independent journalism in Greece. As outlined in our recent MFRR mission report, legal threats against the press are just one of a multitude of pressures which have created a hostile environment for watchdog reporting and undermine media freedom. While the signing of a memorandum aimed at strengthening the protection and safety of journalists is – if implemented properly – a welcome first step forward, the Greek government has a long way to go. Moving forward, steps must be taken to foster a media landscape in which the kind of brave watchdog journalism exemplified in this case is allowed to flourish.

Signed by:

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

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Netherlands: Press freedom organisations welcome policy debate on media…

Netherlands: Press freedom organisations welcome policy debate on media freedom and journalists’ safety

The partners in the Media Freedom Rapid Response (MFRR) and other undersigned press freedom organisations welcome the publication of the letter from the Dutch Government to the Parliament of 29 June 2022 regarding a proposed policy approach on media freedom and safety of journalists.

We commend that in preparation of its letter, the Government has taken into account reports by domestic and international journalists’ and civil society organisations, including the work of the Nederlandse Vereniging van Journalisten, the recent MFRR report ‘Towards a safer haven: Advancing safety of journalists amidst rising threats in the Netherlands’ and Reporters Without Borders’ World Press Freedom Index.

The undersigned organisations, while recognising that the Netherlands remains – by global standards – a relatively safe place for journalists and media workers, found there is room for improvement in a number of areas. These include the need to ensure a better understanding of the role of the press among the general public and the fact that specific categories of journalists, including women and freelance reporters, suffer specific threats that require a more targeted policy approach. We also call for a tailored approach to police protection against serious threats from organised crime. Furthermore, we recommend an enhanced focus on preventive measures.

The undersigned organisations welcome the Government’s constructive approach to these concerns, which we find reflected in its letter to Parliament, and look forward to seeing how this initial proposal will be further developed and strengthened through the upcoming parliamentary debate after recess, and beyond. In this regard, we also stress the importance of due implementation. We hope that throughout this process, politicians and policy makers will continue to seek and constructively engage with the views of domestic and international professional associations and civil society organisations, and we remain ready to participate in this process.

Signed by:

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

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International groups call on Turkey’s parliament to reject the…

International groups call on Turkey’s parliament to reject the “disinformation” bill as a tool of digital censorship

Twenty three international media freedom, freedom of expression and journalists’ organisations today called for the immediate dismissal of the bill on “disinformation and fake news” which was submitted to the parliament on May 27 by the governing alliance of Justice and Development Party (AKP) and Nationalist Movement Party (MHP).

[Açıklamanın Türkçe çevirisi aşağıdadır]

The bill threatens up to three years imprisonment for those found guilty of the deliberate publishing of “disinformation and fake news” intended to instigate fear or panic, endanger the country’s internal or external security, public order and general health of Turkey’s society.

Such a bill, where the definition of disinformation and ‘intent’ is left so vague, puts millions of Turkey’s internet users at risk of criminal action for posting information that the government disagrees with.

Placed in the hands of Turkey’s highly politicized judiciary, the law would become another tool for harassing journalists and activists and may cause blanket self-censorship across the internet.

The bill would also increase any sentence by 50% where information is published from anonymous user accounts. This severely undermines anonymity on the internet and further intimidates those wanting to publish evidence of corruption and wrongdoing but are afraid of the consequences of being publicly identified.

The governing alliance claim the bill is in line with the European Union’s Digital Services Act and General Data Protection Regulation, however there are no such provisions under either of these laws.

The law would also bring news sites under the Press Law (Basin Kanunu). This gives their journalists access to the official press accreditation and also to public advertising funds through the official Press Advertising Agency, Basin Ilan Kurumu (BIK). In practice however this will simply enable the government to fund pro-government news sites while banning critical media deemed to have breached the disinformation law.

In the drafting stage, the government reportedly organized a consultation with international digital platforms yet it failed to hold any meetings with media representatives, editors, journalism associations or unions, despite these groups, and their members, being the most affected by the legislation.

The draft bill is currently before the Parliament. However the role of parliament has been so heavily undermined by the Presidential system that the bill is being rushed through without proper scrutiny or debate and expected to be passed swiftly into law within days.

Disinformation is an important issue and needs to be combatted but not at the price of restricting journalists’ rights and the public’s rights of freedom of expression. Any such initiatives should be developed in close consultation with media and other stakeholders and include sufficient safeguards for free speech and independent journalism that can prevent their abuse by the government to impose arbitrary censorship.

We, therefore, call on all Turkey’s parliamentarians who believe in the parliamentary process and the free flow of ideas and information as central to a democratic society, to vote down this bill.

Uluslararası kurumlar, Türkiye meclisini dijital sansürün bir aracı olarak görülen “dezenformasyon” yasa tasarısına karşı çıkmaya çağırıyor.

Yirmi üç uluslararası basın özgürlüğü, ifade hürriyeti ve gazetecilik örgütü, Adalet ve Kalkınma Partisi’nin (AKP) ve iktidar müttefiki Milliyetçi Hareket Partisi (MHP) tarafından 27 Mayıs’ta meclise sunduğu “dezenformasyon ve yalan haber” konulu yasa tasarısının bugün yayınladıkları bir ortak açıklamayla derhal geri çekilmesi çağrısında bulundu.

Tasarıda, korku ve panik yaratmaya, ülkenin iç ve dış güvenliğini, kamu düzenini ve Türkiye toplumunun genel sağlığını tehlikeye atmayı amaçlayan “dezenformasyon ve yalan haber” kasıtlı olarak yayımlamaktan suçlu bulunanlar üç yıla kadar hapisle tehdit ediliyor.
Dezenformasyon ve ‘niyet’ tanımının bu kadar muğlak bırakıldığı böyle bir yasa tasarısı, Türkiye’de milyonlarca internet kullanıcısını iktidarın onaylamadığı bilgileri paylaştığı için cezai işlem riskiyle karşı karşıya bırakıyor.

Türkiye’nin son derece politize olmuş yargısının ellerine bırakılan yasa, gazetecileri ve aktivistleri taciz etmenin başka bir aracı haline gelebilir ve internette kapsamlı bir otosansüre neden olabilir.

Tasarı ayrıca, bilgilerin anonim kullanıcı hesaplarından yayınlandığı durumlarda herhangi bir hapis cezasını yüzde 50 oranında artıracaktır. Bu, internetteki anonimliği ciddi şekilde baltalar ve yolsuzluk ve görevi kötüye kullanmanın kanıtlarını yayınlamak isteyebilecek ancak kamuoyuna açıklanmanın sonuçlarına dair çekinceleri olan kişileri daha da korkutur.

İktidarda bulunan AKP ve MHP ittifakı, tasarının Avrupa Birliği’nin Dijital Hizmetler Yasası ve Genel Veri Koruma Yönetmeliği ile uyumlu olduğunu iddia ediyor, ancak bu yasaların kapsamında böyle bir hüküm bulunmuyor.

Kanun tasarısı, haber sitelerini de Basın Kanunu kapsamına almayı öngörüyor. Bu, internet ortamında faaliyet gösteren mecralara bağlı gazetecilere resmi basın kartı tahsisi sağlayacak ve ayrıca kurumlara da Basın İlan Kurumu (BİK) aracılığıyla kamu reklam fonlarına erişimi mümkün kılacak. Ancak uygulamada bu, iktidarın hükümet yanlısı haber sitelerini finanse etmesine ve dezenformasyon yasasını ihlal ettiği düşünülen eleştirel medyayı kısıtlamasına olanak tanıyacaktır.

Taslak aşamasında hükümetin uluslararası dijital platformlarla bir istişare düzenlediği, ancak mevzuattan en çok etkilenmesi beklenen bu gruplara ve temsilcilerine, medya temsilcileri, editörler, gazetecilik dernekleri veya sendikalar ile herhangi bir görüşme yapmadığı bildirildi.
Tasarı şu anda Meclis aşamasında. Ancak, Türkiye Büyük Millet Meclisi’nin rolü, Başkanlık sistemi tarafından o kadar ağır bir şekilde sarsıldı ki, yasa tasarısı uygun bir inceleme veya tartışma yapılmadan aceleye getirilmekte ve birkaç gün içinde hızla yasalaşması bekleniyor.

Dezenformasyon önemli bir konu ve mücadele edilmesi gerekiyor, ancak gazetecilerin haklarını ve kamuoyunun ifade hürriyetini kısıtlamak pahasına böylesi bir adım atılamaz. Bu tür girişimler, medya ve diğer paydaşlarla yakın istişare içinde geliştirilmeli ve hükûmet tarafından keyfi bir biçimde sansür uygulamak için bunların kötüye kullanılmasını önleyebilecek ifade hürriyeti ve bağımsız habercilik için yeterli güvenceleri içermelidir.

Bu nedenle, meclis aşamasında, demokratik bir toplumun temeli olarak ifade hürriyeti ve bilginin serbestçe dolaşabilmesine inanan Türkiye’deki tüm milletvekillerini bu tasarıyı reddetmeye çağırıyoruz.

Signed by:

International Press Institute (IPI)
ARTICLE 19
Articolo 21
Association of European Journalists
Committee to Protect Journalists
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Foreign Media Association (FMA)
IFEX
International Federation of Journalists (IFJ)
Media and Law Studies Association (MLSA)
Media Research Association (MEDAR)
OBC Transeuropa (OBCT)
PEN America
PEN International
PEN Norway
Platform for Independent Journalism (P24)
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
Swedish Pen
The Coalition For Women In Journalism (CFWIJ)
Turkey Human Rights Litigation Support Project
World Association of News Publishers (WAN-IFRA)

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

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Italy: Concern after authorities search Rai 3 editorial office…

Italy: Concern after authorities search Rai 3 editorial office and home of journalist

The partner organisations of the Media Freedom Rapid Response (MFRR) today express serious concern over the searches carried out by police at the offices of Rai 3’s investigative programme ‘Report’ and the home of investigative journalist Paolo Mondani. We urge the Italian Anti-Mafia Investigative Directorate (DIA) to provide assurances that the confidentiality of journalists’ sources will not be jeopardised and to reaffirm its respect for the principles of press freedom.

The MFRR joins the Federazione Nazionale Stampa Italiana, the Unione Sindacale Giornalisti Rai and the Ordine Dei Giornalisti in raising alarm about the heavy-handed actions of the DIA and the Guardia di Finanza on May 24, which led to searches of Report’s journalist’s computers and mobile phones. These searches at Rai’s offices and the home of a journalist raise serious questions about the protection of journalistic freedoms.

While the decision by the Caltanissetta District Anti-Mafia Directorate to revoke the search order is welcomed, we are concerned this incident is another example of the lack of respect for journalistic source confidentiality by state authorities in Italy, a right which is protected under both domestic law and reiterated by the case law of the European Court of Human Rights.

The raids came one day after Report broadcasted a show prepared by Mondani entitled “The Black Beast”, which was shown to mark the thirtieth anniversary of the 1992 Capaci bombing which killed renowned anti-mafia judge and prosecuting magistrate Giovanni Falcone, together with his wife and three policemen of his security detail. It examined the murder and revealed “forgotten documents” about possible links between the extreme right and the mafia in carrying out the assassination.

The new information related to the presence of a neo-fascist leader along with mafia bosses near the scene of the attack a few months before the crime was committed. The report suggested several mafia members had revealed to investigators the relationship between the leader of the Avanguardia Nazionale, an Italian neo-Nazi group, and the mafia, but their testimonies were never properly investigated.

The early morning searches by DIA agents were conducted as part of a wider investigation into the source of a leak of information to the media about prosecutors’ investigations into the Capaci massacre. Explaining its decision, the Caltanissetta Prosecutor’s Office rejected claims that testimonies were not properly investigated and said the searches were related to a “leak of judicial information” and verifying “the authenticity of the sources”.

While our organisations recognise the work of the DIA and all state authorities in bringing those responsible for historic mafia-related killings to justice, in this case the rush to identify the source of a leak of information was disproportionate and clearly infringed on the right to confidentiality of Mondani’s sources. The team at ‘Report have since confirmed they would have cooperated willingly with authorities.

The implications of these searches are serious. The protection of journalists’ sources and of whistleblowers is one of the basic conditions for press freedom and must be treated with the utmost caution. The potential violation of these principles in this case will have a detrimental effect on the willingness of sources to come forward and assist the press in fulfilling its watchdog role.

In this case, the actions taken against a well-known and professional investigative journalism programme such as Report also creates a chilling effect on the wider Italian journalistic community, especially among those investigating crime and corruption linked to the mafia. It is clear the initial permission to conduct the search by the Caltanissetta Prosecutor’s Office in Sicily was granted without consideration for these principles.

Moving forward, our organisations urge the DIA and the Guardia di Finanza to provide guarantees about the respect for journalistic source confidentiality and issue a formal apology to Rai 3, Report and Paolo Mondani. Recognition of the detrimental impact this type of searches can have on sources’ protection and public interest journalism is crucial for ensuring the trust of journalists in law enforcement authorities.

At the wider level, a robust and comprehensive framework for sources’ protection should be a priority of the Italian government and parliament in their mandate to improve the landscape for press freedom. We will continue to monitor the situation and look forward to seeing the response of the competent authorities.

Signed by:

ARTICLE 19 Europe

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

International Press Institute (IPI)

OBC Transeuropa (OBCT)

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Serbia: Tendering process of national FTA TV licences must…

Serbia: Tendering process of national FTA TV licences must be open and transparent

Partner organisations of the Media Freedom Rapid Response (MFRR) and the Independent Journalists’ Association of Serbia (NUNS) are concerned about the lack of a transparent process for the allocation of national free to air (FTA) TV licences in Serbia and of a Development Strategy for radio and audiovisual media services.

On 15 April 2022, Serbia’s Regulatory Electronic Media (REM) opened a tendering call for four national TV licences, which were reduced from the five frequencies previously available. We believe that the current allocation process lacks transparency. Broadcast frequencies are a limited resource that should be managed by an independent regulatory authority, through open, transparent and participatory processes that ensure that the use of spectrum contributes to media pluralism and diversity.

According to Article 23 of Serbia’s Law on Electronic Media, REM should determine the number of national frequencies needed in the country following a seven years Development Strategy Proposal for radio and audiovisual media services. Although a draft strategy plan was put up for a public debate in 2015, the consultations lacked transparency and did not seem to include all the relevant stakeholders in the discussion. Currently, the deadline for submitting applications to the tendering process is 20th June and the REM is due to publish its decision no later than 4th August.

The allocation of frequency spectrum across all frequency users should follow an open and participatory decision making process, as reflected by the Principles on Freedom of Expression and Broadcasting Regulation, based on international freedom of expression standards. This process should lead to the adoption of a transparent plan for broadcasting frequencies, in order to promote their optimal use as a means of ensuring diversity and must be overseen by a body that is protected against political and commercial interference.

The MFRR previously highlighted concerns over the highly politicised composition of REM. According to the 2021 MFRR mission report to Serbia, the latest changes to REM’s members only produced superficial results aimed at improving its image in the eyes of international partners, while REM’s decisions seem to be often disregarded and rarely implemented. In its 2021 Serbia progress report, the EU also urged Serbia to strengthen REM’s independence “to enable it to efficiently safeguard media pluralism”. According to the national media strategy action plan, amendments of the media laws, including REM’s role, are planned to be enacted in 2022.

The MFRR together with NUNS urge the REM to ensure a fair and transparent tendering process of FTA TV licences in Serbia, which must comply with national legal requirements and international freedom of expression standards, and whose outcomes must ensure a diverse and plural broadcasting media landscape in the country. Alongside the EU’s recommendation, we also call on a comprehensive plan to strengthen the independence of REM in the upcoming reform to national media laws. The undersigned organisations will continue monitoring this process and the forthcoming measures.

Signed by:

ARTICLE 19 Europe
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists
Independent Journalists’ Association of Serbia (NUNS)
International Press Institute (IPI)
OBC Transeuropa (OBCT)

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Hungary: Fidesz Media Council moves to silence independent station…

Hungary: Fidesz Media Council moves to silence independent station Tilos Rádió

The partner organisations of the Media Freedom Rapid Response (MFRR) today express serious concern over the decision by the Fidesz-controlled Media Council – the country’s powerful media regulator – to block the frequency license renewal of the symbolic independent station Tilos Rádió.

Our organisations are concerned that this decision appears to be yet another disproportionate move by the Media Council, whose members were all nominated and appointed solely by the ruling party, which will force another independent voice off the country’s airwaves and further weaken media pluralism.

We note the Media Council’s decision on April 14 came shortly after Prime Minister Viktor Orbán and his ruling Fidesz party secured an unprecedented fourth term in office, which has already led to heightened concerns about the future of what remains of independent media in the country.

Tilos (Forbidden) Rádió began broadcasting as a pirate radio station in Budapest in the 1990s and became the first non-profit independent radio station in Hungary, making it a symbol of press freedom. Since 2015, the community station has broadcasted on the 90.3 MHz frequency in Budapest, where it provides cultural, social and political programming sometimes critical of the government.

The Media Council justified its licensing decision on the grounds that the station’s media service provider, Tilos Cultural Foundation, had violated legal requirements regarding inappropriate language four times during a seven-year period since 2015. This meant that in 20,000 hours of broadcasting, inappropriate language was used four times. The regulator also cited two failures to provide data to the authority and two minor irregularities regarding annual reports.

Tilos has not denied the violations but stressed the heavy-handed nature of the decision. The station’s 90.3 MHz licence is now set to expire on 3 September 2022, at which point it will fall silent on the airwaves. The National Media and Infocommunications Authority (NMHH) has already said it will reopen the tender and seek to find a new provider for the frequency.

Our organisations believe the Media Council’s decision to block the renewal is disproportionate and based on oversized regulatory powers, which are often applied selectively and in a politically motivated manner. The violations identified do not, in our view, constitute reasonable grounds to strip a radio station of its license – and will only further weaken media pluralism in Hungary.

We also note that, while the radio stations differ, the ruling bears clear parallels by the discriminatory decision last year to force the country’s last remaining major independent radio broadcaster Klubrádió off the airwaves – a ruling which led the European Commission to launch infringement proceedings over what it said was a breach of EU law on proportionality, transparency and non-discrimination.

As detailed in a recent report by MFRR partner the International Press Institute (IPI), as a result of a lack of appropriate legal safeguards for upholding the Media Council’s independence, over the last decade the regulator has used the media law to arbitrarily deny broadcast licenses of stations critical of the government, instead then handing them to government-supportive owners, further entrenching a pro-government narrative in the country’s media ecosystem.

Moving forward, we urge the government to guarantee the independence of the NMHH and its executive body, the Media Council, which should immediately cease regulatory practices designed to marginalize independent media or force them from the market. The tendering process for radio and television licenses must also be depoliticized to ensure decisions are proportionate and measured, and the problematic dual-headed leadership structure of the regulator should be reformed.

As the European Commission launches the long overdue rule of law mechanism against Hungary to uphold EU values, it should closely scrutinise the work and rulings of the Media Council – which has been instrumental to the systematic erosion of media pluralism over the last decade. Our organisations will continue to monitor the situation and draw attention to all future problematic decisions, as well as the wider challenges for media freedom in Hungary.

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)

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Czech Republic: Independence of public broadcasters must be insulated…

Czech Republic: Independence of public broadcasters must be insulated against future attacks

Partners of the Media Freedom Rapid Response (MFRR) have published a statement urging the Czech Government to come good on its promises to strengthen the independence of public broadcasters and to seize the opportunity to put press freedom at the centre of its EU presidency programme.

Press freedom in the Czech Republic has undergone a welcome boost since the government of Prime Minister Petr Fiala came to power. The undersigned media freedom and journalists organisations today urge the new administration to use this momentum to push forward with amendments which will strengthen the institutional independence of Česká televize (Czech Television) and Český rozhlas (Czech Radio).

Under the previous government, Czech Television came under sustained pressure and saw politically-motivated attempts to unseat its director general. Since coming to power, the new administration has been developing draft amendments to the Act on Czech Television and Czech Radio with the aim of creating additional institutional safeguards. These plans have been developed with the welcome input of journalists’ groups and media associations, above all NFNZ, CZ IPI and Rekonstrukce statu.

While initial progress in developing the bill was swift, the process has since stalled as the Ministry of Culture navigates the complicated legal challenges of passing such a reform. The latest round of appointments to the broadcasters’ oversight bodies have also slowed progress. As the Czech Republic prepares to take over the presidency of the Council of the European Union in July 2022, we urge the government to refocus its attention and double its efforts to pass these amendments in the coming months.

The draft amendments contain six important elements. This first involves changing the law so that both chambers of parliament, rather than just the Chamber of Deputies, are involved in appointments to the broadcasters’ governing bodies. Currently, a government can use its parliamentary majority to decide the composition of the boards, allowing it to place political allies within management structures. A more staggered system would reduce the ability of an election winner to overly politicise the bodies and will result in more pluralistic councils.

Secondly, the draft amendments include plans to establish, for the first time, clear criteria for those who can be appointed to the governing councils. This will help ensure professionalism and integrity are the principal factors in the selection process, rather than political affiliation. Under the previous government, appointments to the TV council were clearly aimed at politicising the oversight bodies and eroding the broadcaster’s independence. The changes would mean only those with relevant experience and knowledge would meet the threshold for appointment.

A third element would tighten the rules for who can nominate candidates. Currently, any social organisation or association can put forward nominees, even those linked with political parties or with little knowledge of the media ecosystem. This has led to the appointment of unsuitable and unprofessional candidates, some of whom have recently displayed an openly hostile approach towards the ČT management. Under the proposed amendment, only established institutions with 10 years of experience in the fields such as media, culture or human rights would be permitted to nominate candidates.

A fourth element involves greater judicial oversight over dismissals of councillors. Currently, there is no legal recourse to challenge the firing of councillors by parliament. Under the proposed changes, the Supreme Administrative Court would be given powers to review the decisions by parliament, reducing the avenues for pressure by government on councillors. Finally, the legislation includes provisions for sustainable funding for the public broadcaster, with automatic increases in the licence fee in line with inflation, creating a strong economic foundation for the future.

If passed, our organisations believe these reforms would represent a major step forward in insulating the broadcaster from political interference and future-proofing it against attempts to gain control over its oversight bodies. While the transition from the current council to a new body brings short-term challenges – and must be carried out in line with democratic principles and the Czech Constitution – in the long term this new design will create a far stronger buffer between political power and public service media, improve accountability, and further increase trust in public broadcasting. Failure to pass these reforms in full would leave gaps in the broadcaster’s defences which can be abused by future governments.

Constructing these safeguards is urgent considering the state of public service broadcasting in the wider region. Governments in Hungary and Poland have distorted public service media into state audio-visual propaganda organs, while in Slovenia there have been fresh concerns over political appointments to the management of Radiotelevizija Slovenija. Contrastingly, the Czech public broadcaster has long been a bastion of independent journalism in Eastern and Central Europe. Creating even stronger ramparts for the broadcaster’s independence would provide a much-needed model for neighbouring countries to follow in years to come.

Ahead of the EU presidency, the Czech Republic has an opportunity to put press freedom at the centre of its programme. Passing this flagship legislation would provide a timely example in Europe of the resilience of media freedom. It would also add to the welcome list of improvements our organisations have observed since the new government took office, including the normalisation of communication with media, the re-admittance of independent journalists to government press conferences, guarantees to end the abuse of government advertising and rapid improvements for journalists’ access to public information. We look forward to seeing the further preparation of this law in the coming months and our organisations stand ready to support the development of this bill.

Signed by:

ARTICLE 19 Europe
Endowment Fund for Independent Journalism (NFNZ)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Public Media Alliance (PMA)

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Albania: Private data breaches and intimidation of journalists must…

Albania: Private data breaches and intimidation of journalists must be investigated

The partners of the Media Freedom Rapid Response (MFRR), together with Safe Journalists Network and Reporters Without Borders (RSF), have written to Mr. Besnik Dervishi, Commissioner for the Right to Access to Information and Personal Data Protection of Albania, calling for a swift and thorough investigation into a recent private data breach and intimidation of at least two journalists in Albania.

09/05/2022

Sent electronically

Dear Mr. Besnik Dervishi, Commissioner for the Right to Access to Information and Personal Data Protection,

The undersigned media freedom and journalists’ organisations are writing to express our serious concern over the recent private data breaches and intimidation of at least two journalists in Albania linked to their reporting on the high-profile vetting process of the now dismissed Head of Tirana Prosecution Office, Elizabeta Imeraj.

Our organisations urge your office to conduct a swift and thorough investigation into the breach of personal data – which was then used to frighten and pressure one of the journalists – and for those involved to answer questions about their role in what appears to be coordinated intimidation of the press.

In late March and early April 2022, Albanian journalist Isa Myzyraj of Ora News faced intimidation from multiple individuals who demanded he stop commenting and reporting on the appeals process for the vetting of Imeraj, which was being carried out as part of a judicial reform project in Albania aimed at rooting out corrupt judges and prosecutors.

The pressure started after Myzyraj posted on social media that some of the online media with non-transparent ownership that had been publishing smear pieces attacking members of the International Monitoring Operation (IMO) – a constitutionally mandated body made up foreign judges and prosecutors which was supervising the vetting process – had links to Imeraj.

One of Myzyraj’s family members was approached by an individual with a deal for the journalist to stop covering the prosecutor. This was followed by a threatening phone call by another individual who said there would be consequences for him and his family if he continued. As the vetting continued, Myzyraj was then sent a message by another individual which contained a screenshot of the certificate of his family from the Civil Registry – a document only available to registered notaries in Albania. The messages contained threats against the journalist and were clearly aimed at intimidating him.

In late April, Edmond Hoxhaj, a journalist at the BIRN Network Albania and Reporter.al who had also been covering the vetting process, discovered a similar suspicious breach of his personal data on the e-Albania portal. Hoxhaj could see that a notary named Agron Bajri, who is the former husband of Elizabeta Imeraj, had generated their family certificate on April 14, 2022, without their authorisation. Unlike Myzyraj, Hoxhaj did not receive threats about his reporting linked to the certificate.

In the case of Mr. Hoxhaj, there appears to be clear evidence that the notary, Mr. Bajri, accessed their data without the family’s permission. As Commissioner for the Right to Access to Information and Personal Data Protection, we urge you to firmly establish the facts about this case. The MFRR partners will also write to Agron Bajri with a request to clarify his role in accessing the family certificates of both Mr. Myzyraj and Mr. Hoxhaj without their authorisation. We also welcome the investigation opened by the Tirana Prosecutor’s Office.

At the wider level, our organisations suspect these two cases are linked and are part of the same campaign of harassment against members of the IMO. Pressure and intimidation of journalists reporting on the vetting process of a prosecutor – a clear matter of public interest – are unacceptable and were clearly aimed at frustrating transparency and reporting the much-needed implementation of justice reform. These cases also point to a wider issue of threats to the safety of journalists who investigate the nexus between state authorities and corruption.

Effective investigations and definitive answers on these two cases are needed. Our organisations will continue to follow your investigation closely in the coming weeks and look forward to seeing thorough findings. We will also continue to closely monitor the wider challenges facing media freedom and threats to independent, watchdog journalism in Albania, which plummeted in 2022 to 103rd rank – the last in the Balkans – in RSF’s World Press Freedom Index.

Signed by:

ARTICLE 19 Europe
European Centre for Press and Media Freedom (ECPMF)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Reporters Without Borders (RSF)
Safe Journalists Network

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Italy: Concern after authorities search Rai 3 editorial office and home of journalist

Serbia: Tendering process of national FTA TV licences must be open and transparent

Hungary: Fidesz Media Council moves to silence independent station Tilos Rádió

Czech Republic: Independence of public broadcasters must be insulated against future attacks

Albania: Private data breaches and intimidation of journalists must be investigated

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