Hungary: Draft Sovereignty Protection Act poses fresh threat to…

Hungary: Draft Sovereignty Protection Act poses fresh threat to independent media

The Media Freedom Rapid Response (MFRR) today alerts the European Union about the chilling impact that the Hungarian ruling party’s proposed Sovereignty Protection Act will have on what remains of the country’s embattled independent media community.

Our organisations stress that while media are not named directly within the text of the draft bill, the intentionally vague language and broad scope for application of the proposed law would effectively open the door to state-sponsored pressure on those media which receive foreign funding and produce journalism critical of the government.

The draft Sovereignty Protection Act is therefore the latest prong of a decade-long campaign by the government of Prime Minister Victor Orbán to harass critics and suppress democratic checks and balances. This has been effected in part through measures that restrict, punish, and stigmatize critical journalism and NGOs that are deemed to be hostile to national interests.

The bill, submitted to parliament on 21 November, would establish a new office headed by an individual appointed directly by the Prime Minister with a six-year mandate. Its main task would be to map and report on perceived threats to Hungary’s national sovereignty and identify bodies or individuals suspected of serving malign foreign interests. All foreign funding of parties’ election campaigns would be criminalised.

This new office would have broad investigatory powers to demand documents, financial records or data of any organisation or body operating in Hungary, including civil society groups, media organisations or journalist associations. It would publish public reports about these bodies’ allegedly negative impact on Hungarian public discourse or politics, with a focus on election periods. Organisations adjudged to be undermining national sovereignty could be unofficially labelled as such by the body in its reports.

While media and media activities are not referenced directly in the text, the vague language of the bill means it could easily be applied to media organisations and individual journalists. Within the current parameters, any media receiving foreign funding could be accused of undermining Hungarian sovereignty by spreading “disinformation”, carrying out activities which are “aimed at influencing the democratic debate” or “aimed at influencing the will of voters”. Domestic media freedom groups registered in Hungary could be included within the scope of the law, while international media freedom organisations carrying out work in the country could also be stigmatised in reports by the proposed Sovereignty Protection Office. Although it will be tasked with preparing recommendations, the body would have no legal powers to issue sanctions.

Government figures have indicated that the objective of the law is purely to stop domestic political actors from accepting foreign funds. However, when the bill was first announced, a leading Fidesz politician said that among other intended targets were so-called “dollar media” and “Soros media” – pejorative terms used to label media receiving money from the U.S. or European Union.

The bill therefore fits against the backdrop of a campaign of stigmatisation since the 2022 general election, and beyond, against media which receive foreign grants and funding. Last year, an organisation close to the government published a report examining the funding structure of several of the leading independent media, suggesting they were serving foreign interests. If this new body were to become operational, it would hang like a sword over the independent media and NGOs and represent an institutionalised escalation of pressure over acceptance of foreign funds.

Over the past decade, as numerous reports have documented, the Fidesz government has deliberately distorted the media market to weaken the finances of independent media. This has included abusing state advertising, pressuring private advertisers, engaging in smear campaigns against independent media and other tactics that drive readers away, using state funds to bankroll otherwise economically unviable pro-government media, and selectively applying competition law. Numerous independent outlets did not survive this onslaught, either closing or being sold off to pro-government owners. Those independent media that remain have been forced to modify their business models toward subscription systems and grants from foreign donors in order to survive and continue their watchdog work. This bill and the attacks on foreign funding must therefore be seen as the latest effort to undermine the business models and financial sustainability of the independent press.

The dire conditions for media freedom and independent journalism in Hungary have been constructed by the Fidesz government over the past decade under the eyes of the European Union. For too long, nothing was done to challenge the anti-pluralistic consolidation of a pro-government media bubble and the slow eradication of bastions of professional journalism through regulatory abuses and the politically-engineered takeovers of media houses. While the EU’s draft European Media Freedom Act (EMFA) does represent a principled effort to safeguard media pluralism and freedom in Member States, its fate remains uncertain.

As the debate continues in the Hungarian parliament, the EU must not flinch in its opposition to this bill. If the package of amendments is ultimately passed and the constitution and criminal code are changed by the parliament with Fidesz’s two-thirds majority, plans should already be in place for the EU Commission to launch infringement proceedings against Hungary and challenge the law in the EU courts. Even if the bill is never passed, the text and its proposed measures will have a chilling effect in the signal they send. We jointly call on the Hungarian government to scrap the bill and refrain from all forms of pressure on the media and NGOs.

In the coming weeks, our MFRR consortium partner ARTICLE 19 Europe will prepare a thorough legal assessment of the law’s alignment with European law and international media freedom standards. This will outline in detail the severity of the threat posed by the draft Sovereignty Protection Act to media and civil society organisations. Our organisations remain committed to protecting what remains of independent and pluralistic journalism in Hungary.

Signed by:

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

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

Library

North Macedonia: Ruling against Investigative Reporting Lab and its…

North Macedonia: Ruling against Investigative Reporting Lab and its editor must be overturned

The organisations of the Media Freedom Rapid Response (MFRR) and the SafeJournalists Network (SJN) today express shared dismay at a recent defamation verdict by a judge in North Macedonia which recommends shutting down one of the country’s leading investigative media outlets and expects this damaging ruling to be swiftly overturned on appeal.

Our organisations warn that this ruling – and the alarming recommendation by the judge – represent a clear violation of international standards, a fundamental failure of the recognition of public interest of the journalism in question, and an attack on investigative journalism and media freedom in the country.

On 24 October 2023, a judge at the Basic Civil Court in the capital Skopje ruled against the Investigative Reporting Laboratory (IRL) and its editor-in-chief, Sashka Cvetkovska, and ordered they pay a symbolic €1 in damages to businessman Kocho Angjushev, the former Deputy Prime Minister of North Macedonia, plus thousands of euros for both sides’ legal costs.

However, in the written justification, published on 10 November, the judge inexplicably ruled that IRL should be classified as “non-media” and that its staff were “members of a group”, rather than professional journalists. She suggested the platform was operating illegally and recommended that the Ministry of Justice examine the operations of the media outlet.

The civil defamation lawsuit stemmed from a documentary IRL aired in May 2021, entitled “Conspiracy Against the Air”. The documentary, part of a joint investigation with the OCCRP, was broadcasted on public television and revealed how chemical-filled fuel oil used in heating systems throughout the country’s public institutions were causing pollution. It briefly named Angjushev as one of the officials involved in making introductions between buyers and sellers of heating systems, which he denies and claims is defamatory.

In the first hearing in March 2022, the judge Jovanka Spirovska Paneva ruled in favour of IRL and rejected Angjushev claims. After the verdict was challenged, the Court of Appeal in May 2022 dismissed the verdict and ordered a retrial. In the retrial, the same judge excluded the public from monitoring the trial, sided with Angjushev and found the defendants guilty of defamation. No new evidence was presented by the plaintiff during the retrial.

IRL, a member centre of the Organised Crime and Corruption Reporting Project (OCCRP), will appeal the latest ruling to a higher court. It said it also intends to file a complaint with the constitutional court over the alleged violation of the constitutional right to freedom of the press.

The MFRR and SJN organisations stand firmly behind the Investigative Reporting Laboratory, Sashka Cvetkovska, and her staff, and support their principled legal challenge against this ruling and its serious consequences for investigative journalism in North Macedonia. This case bears some characteristics of a SLAPP — a strategic lawsuit against public participation – which are wielded by powerful business or political figures and are aimed at muzzling public interest journalism. It should be noted that the lawsuit by Angjushev comes against a backdrop of years-long attempts to pressure, discredit and verbally attack the media outlet and its staff.

While the demands for compensation and damages ordered by the judge were symbolic, the payment of the legal fees of both sides will represent a financial hit for the investigative media platform. The penalising nature of the verdict also carries a censorious chilling effect on the journalistic community in North Macedonia. As outlined in a recent report following a mission to Skopje by multiple international press freedom organisations, abusive lawsuits of this kind risk undermining the fragile press freedom progress achieved in recent years.

Furthermore, the judge’s verdict inaccurately claims that the IRL is not a media outlet and that its staff are not journalists. In fact, like many investigative media across the region, IRL is legally registered as a civil society organisation and has a specific mandate to report on issues such crime, corruption and good governance. It is clear that the verdict does not take into account the functional definition of journalism: an activity that can be exercised by everyone, as highlighted by the UN Human Rights Committee and by the Council of Europe Committee of Ministers.

IRL has been responsible for much of the most high-quality investigative journalism in North Macedonia in the last half decade and has published award-winning investigations. Its reporters are highly professional journalists who, along with other investigative mediums, fulfil a vital watchdog role which is lacking in the wider media landscape.

The recommendation by the judge that the Ministry of Justice shut down IRL therefore represents both an incorrect and dangerous attack on investigative journalism in North Macedonia. This ruling should be overturned as quickly as possible on appeal and legal rulings involving matters of journalistic freedoms should be assessed with full respect for international standards and jurisprudence.

The Association of Journalists of Macedonia (AJM) submitted a complaint to the Judicial Council about Judge Spirovska Paneva for a disciplinary violation over unprofessional and negligent performance of the judicial function. The European Federation of Journalists (EFJ) and the Association of Journalists of Macedonia (AJM) publicly reacted to the court verdict from October 24 and expressed support to the IRL and Cvetkovska.

The MFRR stands ready to offer financial support to cover the legal costs of challenging its ruling in the higher court and calls for increased international attention and solidarity over this worrying attempt to shut down one of North Macedonia’s finest independent media platforms.

Signed by:

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

Library

Bosnia and Herzegovina: Republika Srpska president Dodik verbally attacks…

Bosnia and Herzegovina: Republika Srpska president Dodik verbally attacks journalist

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

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

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

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

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

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

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

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

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

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

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

Signed by:

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

Library

Italy: MFRR partners condemn summons of RAI presenter Sigfrido…

Italy: MFRR partners condemn summons of RAI presenter Sigfrido Ranucci

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

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

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

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

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

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

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

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

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

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

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

Signed by:

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

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

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

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

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

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

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

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

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

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

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

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

Signed by:

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

Library

Turkey: Repeal the “disinformation offence” and overreaching legal amendments

As the Turkish Constitutional Court reviews the constitutionality of the “disinformation offence”, today on 8 November, the Media Freedom Rapid Response (MFRR) partner organisations reiterate their call for the annulment of Article 217/A of the Turkish Penal Code and related legal amendments passed in October 2022 that undermine international standards on the right to freedom of expression and of the press.

Turkish translation available here.

Since its introduction a year ago, the offence of “publicly disseminating misleading information” under Article 217/A, known as the “disinformation offence”, has been weaponized to silence dissent. The broad and vague language of Article 217/A has resulted in at least 33 journalists confronting legal consequences, indicating the article’s potential to stifle legitimate dialogue and critical thought under the guise of curbing “false information.”

Any restrictions to the right to freedom of expression, which is guaranteed by the Article 26 of the Turkish Constitution, must be prescribed by law, must pursue a legitimate aim, be proportionate to the legitimate aim pursued and necessary in a democratic society. The Venice Commission’s urgent opinion on the offence highlighted that the ambiguous manner with which Art. 217/A is worded jeopardises the legality criterion and that it is doubtful the offence is proportionate or necessary in a democratic society considering the chilling effect it would create; making the law incompatible with international standards on the freedom of expression.

The review by the Constitutional Court presents a critical opportunity for Turkey to reestablish adherence to the principles of international human rights law and democratic values. We call upon the Turkish Constitutional Court to acknowledge the incompatibility of Article 217/A with international human rights conventions and to annul this and other restrictive amendments from October 2022.

In solidarity with those who champion free expression and media freedom in Turkey, we will be closely monitoring the Turkish Constitutional Court’s forthcoming hearing today, on 8 November, on the annulment of the “publicly disseminating misleading information” offence.

Background on the October 2022 amendments

In October 2022, the Turkish parliament passed a series of legislative amendments to several laws, including the Turkish Penal Code, the Internet Law and the Press Law. This new “censorship” or “disinformation law” criminalised “spreading false information” while additional provisions have imposed heavy obligations on social media platforms and over-the-top service providers.

Before the October 2022 amendments, Turkish legislation was already placing tight constraints on online platforms, mandating swift compliance with content takedown requests under the threat of substantial penalties. Since the October 2022 changes, social media platforms (SMPs) risk advertising bans, hefty fines that could be as high as 3 percent of their global income, and significant reductions in their bandwidth, or ‘throttling’, if they do not follow government orders. Not adhering to even a single demand for content removal or user information can lead to up to 90 percent throttling of their services and a six-month ban on advertisements.

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)

Türkiye: “Dezenformasyon suçu” ve diğer kısıtlayıcı yasal değişiklikler yürürlükten kaldırılsın

ARTICLE 19 Europe ve Medya Özgürlüğü Acil Müdahale (MFRR) paydaşları; Anayasa Mahkemesi’nin “dezenformasyon suçunun” anayasaya uygunluğunu incelediği bugün (8 Kasım), Türk Ceza Kanunu’nun 217/A maddesinin ve Ekim 2022’de kabul edilen ve ifade hürriyeti hakkına ilişkin uluslararası standartları hiçe sayan yasal değişikliklerin iptali çağrısını yinelemektedir.

Bir yıl önce yürürlüğe girmesinden bu yana, “dezenformasyon suçu” olarak bilinen 217/A maddesi kapsamındaki “halkı yanıltıcı bilgiyi alenen yayma” suçu, muhalefeti susturmak için silah olarak kullanılıyor. Madde 217/A’nın geniş ve muğlak dili, en az 33 gazeteciye soruşturma açılmasına neden oldu. Bu durum, maddenin “gerçeğe aykırı bilginin yayılmasını” engelleme kisvesi altında meşru diyaloğu ve eleştirel düşünceyi boğma potansiyeline işaret ediyor.

Türkiye Cumhuriyeti Anayasası’nın 26. maddesi ile düzenlenen ifade hürriyeti hakkına getirilecek her türlü kısıtlama kanunla öngörülmeli, meşru bir amaç gütmeli, güdülen meşru amaçla orantılı olmalı ve demokratik bir toplumda gerekli olmalıdır. Venedik Komisyonu’nun suçla ilgili acil görüşünde, 217/A maddesinin muğlak ifadesinin yasallık kriterini tehlikeye attığı belirtilmiş, fiilin suç olarak düzenlenmesinin yaratacağı caydırıcı etkinin bu düzenlemenin demokratik bir toplumun gereklerine uygun veya güdülen amaçla orantılı olduğunu şüpheye düşürdüğü vurgulanmıştır. Komisyon, bu durumun yasayı ifade hürriyetine ilişkin uluslararası standartlarla bağdaşmaz hale getirdiği kanaatine varmıştır.

Anayasa Mahkemesi tarafından yapılacak inceleme, Türkiye’nin uluslararası insan hakları hukuku ilkelerine ve demokratik değerlere bağlılığını yeniden tesis etmesi için kritik bir fırsat sunmaktadır. Anayasa Mahkemesi’ni 217/A maddesinin uluslararası insan hakları sözleşmeleriyle uyumsuzluğunu kabul etmeye, Ekim 2022’de mevzuata eklenen bu ve diğer kısıtlayıcı değişiklikleri iptal etmeye çağırıyoruz.

Türkiye’de ifade hürriyetini ve medya özgürlüğünü savunanlarla dayanışma içinde, Anayasa Mahkemesi’nde “halkı yanıltıcı bilgiyi alenen yayma” suçunu düzenleyen hükmün iptaline ilişkin bugün (8 Kasım) yapılacak incelemeyi yakından takip edeceğiz.

Ekim 2022’de yapılan yasa değişikliklerinin arka planı

Türkiye Büyük Millet Meclisi; Ekim 2022’de Türk Ceza Kanunu, İnternet Kanunu ve Basın Kanunu da dâhil olmak üzere çeşitli kanunlarda bir dizi değişiklik yaptı. Bu yeni “sansür” veya “dezenformasyon yasası”, “gerçeğe aykırı bilgi yaymayı” suç olarak düzenlerken, sosyal medya mecralarına ve internet servis sağlayıcılarına da ağır yükümlülükler getirdi.

Ekim 2022 değişikliklerinden önce Türkiye’deki mevzuat halihazırda dijital mecralar için ağır kısıtlamalar öngörüyor ve önemli ceza tehditleri altında içerik kaldırma emirlerine hızlı bir şekilde uyulmasını zorunlu kılıyordu. Bu değişikliklerin yürürlüğe girmesinden bu yana, sosyal medya mecraları (SMM’ler), iktidarın emirlerine uymadıkları takdirde reklam yasakları, küresel gelirlerinin yüzde 3’üne kadar çıkabilecek ağır para cezaları ve bant genişliklerinde önemli düşüşler veya “daraltma” riskiyle karşı karşıya bulunmaktadır. Mevcut düzenlemeye göre içerik kaldırılması ya da kullanıcı bilgilerine ilişkin tek bir talebe dahi uyulmaması, bant genişliklerinin yüzde 90’a varan oranda daraltılmasına ve altı aya kadar reklam yasağı almalarına neden olabilmektedir.

Ekim 2022 değişiklikleri hakkında daha fazla bilgi için aşağıdaki kaynakları ziyaret edebilirsiniz:

https://www.article19.org/resources/turkey-dangerous-dystopian-new-legal-amendments
https://freeturkeyjournalists.ipi.media/wp-content/uploads/2023/05/turkey-throttling-the-media-in-crucial-election-year-turkish.pdf

İMZALAYANLAR

ARTICLE 19 Europe
Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
Avrupa Gazeteciler Federasyonu (EFJ)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
Uluslararası Basın Enstitüsü (IPI)

Library

Media freedom groups dismayed at the abrupt closure of…

Media freedom groups dismayed at the abrupt closure of investigation into smear campaign against Romanian journalist

Journalists and media freedom groups today expressed dismay at the decision of Romania’s Prosecutor Office at the Bucharest Court of Appeal to close the investigation into the smear campaign against journalist Emilia Șercan. To do so the Prosecutor made the extraordinary ruling that ‘the offences’, including the publication of stolen private photos and the presumed disclosure of evidence held by the police, ‘were not provided for by the criminal law’.

This decision comes twenty months after Șercan first filed a complaint to the police about stolen personal photos posted on adult sites in February 2022. Within hours of filing the complaint, evidence provided by Șercan to the police was then posted on a Moldovan media web-site strongly suggesting that someone within the police had leaked the information.

On 26 October, in anticipation of the probable closure of the investigation, media freedom groups appealed to the Prosecutor General, Alex Florin Florența, demanding the investigation be kept open and transferred to a new team supervised by himself.

The letter noted the litany of failures and clear breaches of procedure in the original investigation, that suggest a deliberate attempt to scupper the investigation and to protect the perpetrators of the crime.

The smear campaign against Emilia Șercan began after she published, in January 2022, revelations that Nicolae Ciucă, President of the Romanian Senate who was at the time Prime Minister, had plagiarized his doctoral dissertation.

This decision fails both Emilia Șercan and all Romanian journalists who seek to hold political power to account.

We support Emilia Șercan’s search for justice and back her appeal to overturn this unjust decision.

Signed by:

ActiveWatch
Center for Independent Journalism (CIJ)
Committee to Protect Journalists
European Federation of Journalists (EFJ)
European Centre for Press and Media Freedom (ECPMF)
Free Press Unlimited
International Press Institute
OBC Transeuropa (OBCT)
The Daphne Caruana Galizia Foundation

Library

Turkey: International groups condemn arrest of journalist Tolga Şardan

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

Turkish translation available here.

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

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

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

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

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

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

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

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

Signed by:

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

Türkiye: Uluslararası kuruluşlar gazeteci Tolga Şardan’ın tutuklanmasını kınadı

Yetkilileri Tolga Şardan’ı derhal serbest bırakmaya çağırıyoruz

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

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

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

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

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

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

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

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

İmzalayanlar:

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

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

Library

End Impunity for Crimes Against Journalists

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

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

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

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

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

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

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

picture alliance/AP Photo | Rene Rossignaud

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

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

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

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

Signed by:

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

Library

Threats to Journalists must be addressed by institutions in…

Threats to Journalists must be addressed by institutions in Serbia

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

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

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

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

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

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

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

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

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

Signed by:

SafeJournalists Network

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

Media Freedom Rapid Response

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

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

Library

Media freedom groups demand renewed investigation into crimes against…

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

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

Prosecutor General of Romania, Mr. Alex Florin Florența

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

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

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

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

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

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

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

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

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

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

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

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

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

The subsequent investigations included the following failures:

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

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

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

We therefore call upon you to do the following:

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

We look forward to reading your response soon,

Signed by:

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

Hungary: Draft Sovereignty Protection Act poses fresh threat to independent media

North Macedonia: Ruling against Investigative Reporting Lab and its editor must be overturned

Bosnia and Herzegovina: Republika Srpska president Dodik verbally attacks journalist

Italy: MFRR partners condemn summons of RAI presenter Sigfrido Ranucci

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

Turkey: Repeal the “disinformation offence” and overreaching legal amendments

Background on the October 2022 amendments

Türkiye: “Dezenformasyon suçu” ve diğer kısıtlayıcı yasal değişiklikler yürürlükten kaldırılsın

Media freedom groups dismayed at the abrupt closure of investigation into smear campaign against Romanian journalist

Turkey: International groups condemn arrest of journalist Tolga Şardan

Türkiye: Uluslararası kuruluşlar gazeteci Tolga Şardan’ın tutuklanmasını kınadı

End Impunity for Crimes Against Journalists

Threats to Journalists must be addressed by institutions in Serbia

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

Get in touch