Turkey: International delegation condemns passage of disinformation law and…

Turkey: International delegation condemns passage of disinformation law and issues call to protect safety and freedom of journalists ahead of 2023 elections

Turkey’s journalists are bracing themselves for a renewed attack on their safety and freedoms in the run up to the country’s 2023 general elections following passage of a new disinformation law that threatens to close down public criticism and debate, an international media freedom mission visiting Turkey from October 12 to 14, 2022, has found.

Article 29 of the law provides for three years’ imprisonment for those who publish “false information” with the “intention to instigate fear or panic, endanger the country’s security, public order and general health of society”. It was passed by parliament on Thursday, October 13.

The bill’s vague and problematic language and its future implementation by Turkey’s politicized judicial system will put journalists as well as millions of internet users at risk of criminal sanctions and could lead to much greater censorship and self-censorship in the country’s already compromised news landscape.

This week, seven media freedom, journalism, and human rights organisations met with a range of key stakeholders in Turkey, including journalists, civil society groups, political parties, and the Turkish Constitutional Court to discuss Turkey’s media freedom crisis. In addition to the chair of the Turkish Parliament’s Investigative Committee on Human Rights, MP Hakan Çavuşuğlu of the ruling AKP party, the delegation also met with representatives of the Republican Peoples’ Party (CHP), Peoples’ Democratic Party (HDP), Good Party (İYİP), Future Party (Gelecek P.), Demokrat Party, Felicity Party (Saadet Party), Turkey’s Workers Party (TİP), Labor Party (EMEP), and Societal Freedom Party (TÖP).

The mission’s requests for meetings with presidential spokesperson İbrahim Kalın; with the AKP vice-chair responsible for human rights, Leyla Şahin Usta; and with RTÜK (national broadcast regulator) Chair Ebubekir Şahin were declined. Meeting requests sent to MHP representatives; BTK (communications authority) administration; the chair of the parliamentary Digital Platforms Committee, MP Hüseyin Yayman of AKP; and the head of Directorate of Communications, Fahrettin Altun, were left unanswered.

Led by the International Press Institute (IPI) and IPI’s Turkey National Committee, the mission included representatives from Amnesty International Turkey, ARTICLE 19, Committee to Protect Journalists (CPJ), the European Centre for Press and Media Freedom (ECPMF), Osservatorio Balcani e Caucaso Transeuropa (OBCT), and Reporters without Borders (RSF). The mission was also supported by PEN International and the South East Europe Media Organisation (SEEMO).

Presidential and parliamentary elections are due to take place in Turkey June 2023. The free flow of independent news and information is an essential condition to any democratic election.

The mission called on politicians across the political spectrum to pledge to end the crisis facing journalism and commit to extensive reforms in their manifestos guaranteeing media freedoms after many years of deteriorating conditions.

At the same time, stakeholders met by the mission expressed grave concern over the possibility of a greater crackdown on journalists and a heightened threat of physical violence ahead of the vote. We call on the government to guarantee that journalists are able to do their work free of intimidation and harassment in particular during the election period.

Priorities for action

Following its meetings, the international delegation has identified the following priorities for action:

Disinformation law and digital censorship: The government must repeal the disinformation law and put an end to the framework of digital censorship that has been built by the administration. In particular, the new penal code article criminalizing disinformation offers the authorities yet another tool after years of abusing Turkey’s anti-terror law to target critical journalism.

Stakeholders met by the mission also raised fears that the Center to Combat Disinformation, established this summer by the Directorate of Communications, will add another layer to the system of digital repression by increasing monitoring and harassment of journalists online.

Sustainable improvement for press freedom in Turkey cannot happen without ensuring the impartiality and independence of the judiciary. Turkey’s captured prosecution services and courts, combined with poorly drafted laws that are not in compliance with international standards, have led to the prosecution, conviction, and jailing of hundreds of journalists over the past decade for their journalism. Despite the reduced number of journalists in jail, the Judicial Reform Package, a 2019 initiative presented by the government as an effort to safeguard rights, has not succeeded in stopping the prosecution and legal harassment of journalists.

While the Turkish Constitutional Court (TCC) has issued some important pilot rulings pointing to structural problems with laws impacting free expression, there are still major challenges around implementation of the TCC’s rulings by both lower courts – a problem the TCC says it is working to address – and by lawmakers. Important freedom of expression related cases have faced years-long delays awaiting decisions from the TCC, underscoring serious concerns that justice delayed is tantamount to justice denied.

At the same time, meeting partners in Turkey have highlighted the problem that most TCC judges are nominated directly or indirectly by the president. Recent appointments to the court have given rise to serious concerns regarding political influence and underscore the need to free the nominations process from such influence.

Turkey’s media regulatory bodies must be depoliticised and reformed. They have all abused their powers to target and penalise independent media.

The Press Advertising Agency (BIK) has consistently imposed arbitrary penalties on independent newspapers by withdrawing state advertising, thereby denying them an important source of revenue. This August, the Constitutional Court ruled that BIK’s arbitrary sanctions constitute a rights violation stemming from a structural problem. Despite the ruling, BIK subsequently permanently revoked the right of one of these newspapers, Evrensel, to receive public ads.
The Television and Radio High Council (RTÜK), Turkey’s broadcast regulator, has regularly targeted independent media. RTÜK issued 42 fines in the past nine months, according to reports by MP Utku Çakırözer. These have almost exclusively been levelled against independent broadcasters.
This summer, the Information and Communications Technologies Authority (BTK) was embroiled in a scandal known as “BTK Gate” following the revelation that it had been harvesting data of millions of internet users without a court order. Since December 2020, internet service providers have been required to send BTK hourly reports on websites visited, data location, apps used, and the names of the users. Such mass surveillance has clear implications for the rights of journalists and sources.

The safety of journalists is under increasing pressure as online threats and the verbal targeting of journalists by politicians spill out into violence on the streets. The Mapping Media Freedom platform has recorded 26 cases of assaults against journalists in Turkey in the past year alone. This rise in violence does not take place in a vacuum but is a result of the demonization of critical journalism as illegitimate and a threat to national security. Moreover, the impunity that has emerged in some of these cases risks fuelling further violence.

During the mission, the delegation called on all political parties to condemn any attacks on journalists and guarantee the rights of journalists to freely and safely cover the 2023 election campaign.

Over the past year, the prosecution and detentions of critical, independent media have continued. This year’s mission has visited Diyarbakir to show solidarity with 15 journalists and a media worker who have been held there in pretrial detention since June despite a lack of official charges. The mission renews its call for the release of all jailed journalists in Turkey and its support for their colleagues and families.

Finally, the process of press accreditation must be reformed and depoliticized so as to enable all journalists to do their work. Accreditation must be taken out of the hands of the Directorate of Communications, which has abused its position to remove the press cards of hundreds of critical journalists, and be replaced by a system run by journalists and media organizations themselves.

Later this year, the delegation will publish a full report on the mission in which it will provide more detail about the views expressed by stakeholders and officials met during the visit.

Library

Czech Republic: Media freedom groups urge MPs to pass…

Czech Republic: Media freedom groups urge MPs to pass media act amendment

The undersigned media freedom and journalists organisations and unions today urge the Chamber of Deputies of the Czech Republic to vote to pass a draft bill which would amend the law on public broadcasting to strengthen the institutional independence of Česká televize (Czech Television) and Český rozhlas (Czech Radio).

Our organisations have previously called for and supported the development of this bill, which we believe will play a crucial role in limiting the ability of political forces to influence Czech Television’s oversight council and help future-proof the broadcasters against any attempts by governments to erode editorial independence.

The passing of this reform package is long overdue and comes at a crucial time. Under the previous government, Czech Television came under sustained political pressure, including through well-documented attempts to unseat its director general via politically-motivated appointments to its oversight council.

Despite these challenges, Czech Television withstood the pressure and remains the model for independent public service broadcasting in Central and Eastern Europe. However, unless the current legislative framework is amended to stop weaknesses being exploited, the broadcaster will remain at the mercy of political interference from future administrations.

In our view, the draft amendments developed by the Ministry of Culture represent a legitimate, proportionate and democratic attempt to safeguard the functional independence of the Czech Television Council, in line with the Czech Constitution. While this bill does not take up all of the recommendations initially put forward by CSOs, we note it was created with the welcome input of journalists’ groups and media associations and in line with international standards.

Vital elements of this bill include amendments that; ensure both chambers of parliament are involved in appointments to the Czech Television Council; increase the number of sitting councilors; tighten rules on which organisations can nominate candidates, and scrap the ability of parliament to remove all the board members as a consequence of the rejection of annual reports.

Taken together, these changes would significantly limit the number of pressure points available to future governments seeking to disrupt the broadcaster’s work or influence its coverage through its proxies on the oversight councils. The passing of this bill would also provide an important signal that the current government is committed to strengthening democracy and would boost its record on media freedom during its Presidency of the Council of the European Union.

However, it is crucial that the passing of this legislation be followed by a secondary bill which provides for long-term and sustainable financing for Czech Television and Czech Radio, both of which face serious cuts to budgets and staff numbers. This should include the long overdue legislation for automatic increases in the licence fee in line with inflation.

Amidst the war in Ukraine, support for well-funded and independent Czech public broadcasters will both act as an antidote to the Kremlin’s propaganda and provide a much-needed model for neighbouring countries experiencing similar threats to the independence of public service media, both now and in the years to come.

The current administration has a vital opportunity to strengthen a pillar of Czech democracy and safeguard the independence of public service media for the future. We urge MPs in the Chamber of Deputies and the Senate of the Czech Republic to seize this moment and deliver a progressive reform of the Act on Czech Television.

Signed by:

Balkan Free Media Initiative (BFMI)

Civil Liberties Union for Europe

European Broadcasting Union (EBU)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

IFEX

International Press Institute (IPI)

OBC Transeuropa (OBCT)

Public Media Alliance (PMA)

Reporters Without Borders (RSF)

South East Europe Media Organisation (SEEMO)

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.

Library

Press freedom groups visit Malta on five-year anniversary of…

Press freedom groups visit Malta on five-year anniversary of Daphne’s murder to push for reforms

Between 13 and 17 October 2022, an international press freedom mission will visit Malta, five years after the assassination of investigative journalist Daphne Caruana Galizia on 16 October 2017. The country visit follows up on similar missions held in previous years.

Representatives of ARTICLE 19 Europe, the Committee to Protect Journalists (CPJ), the European Centre for Press and Media Freedom (ECPMF), the European Federation of Journalists (EFJ), the International Press Institute (IPI) and Reporters Without Borders (RSF) have requested a meeting with the Prime Minister of Malta Robert Abela and relevant ministers in an attempt to continue the dialogue with the Maltese government. In addition, they will be meeting with civil society representatives, journalists and other key stakeholders.

The delegation will seek to meet with:

Prime Minister Robert Abela and relevant ministers (meeting to be confirmed);
Information and Data Protection Commissioner, Ian Deguara;
Members of the diplomatic community and representatives of the European Commission; and
Maltese journalists, media workers and civil society organisations.

Despite a broad outcry, including by the organisations represented in the delegation, for full justice and accountability for Daphne Caruana Galizia’s assassination, judicial proceedings have so far made very limited progress. Additionally, the Government has been slow to implement press freedom reforms recommended by the landmark Public Inquiry, and it has failed to organise proper public consultations on legislative proposals.

Accordingly, as in previous years, the continued need for justice and accountability for Caruana Galizia’s assassination will feature prominently on the delegation’s agenda. Additionally, representatives will also focus on the other systemic failings that continue to negatively affect Malta’s press freedom climate. They will also support Caruana Galizia’s family and national civil society as part of local commemoration events.

Library

Greece: Full scale of surveillance on journalists must be…

Greece: Full scale of surveillance on journalists must be unearthed

The partner organisations of the Media Freedom Rapid Response (MFRR) today back calls for the testing of mobile devices belonging to journalists in Greece who suspect they may have been targets of intrusive spyware or other advanced surveillance.

The recent scandals regarding spyware attacks and wiretapping of journalists require full transparency and accountability, and have underscored deepening concerns about the erosion of media freedom under the New Democracy government.

So far it has been revealed that in summer 2021 financial journalist Thanasis Koukakis had his phone hacked using a spyware tool called Predator. He was also separately wiretapped by the Greek security services under obscure “national security” grounds. There is also evidence that Stavros Malichudis, an investigative journalist for Solomon covering refugees and migration, was also surveilled by intelligence bodies in 2021.

Both cases represent major violations of journalists’ privacy, journalistic source protection and press freedom. In neither case has accountability been reached or the full truth revealed. Our organisations share concerns that these cases could potentially represent the tip of the iceberg of deeper surveillance of Greek journalists by state and private actors.

In late September, Greek journalists and foreign correspondents issued an appeal to the European Parliament for funding and facilities to test their mobile devices for traces of surveillance. Currently, the EU’s internal cyber-security mechanisms only have a mandate for testing the devices of MEPs and other EU officials.

As spyware and other advanced surveillance technologies become more prevalent across Europe in the coming years, the threat to democracy and civil rights will likewise increase. Already, multiple EU Member States – including Hungary – have abused these technologies to target journalists, activists and other members of civil society. In addition to tougher regulation, mechanisms must urgently be put in place to ensure that flagrant abuses of these cyber weapons against the media and others are swiftly identified and addressed.

Our organisations therefore support calls for the provision of funding from the European Union to help facilitate the testing of devices of journalists and other members of civil society in EU states where private forensic testing facilities are not available domestically, or where national authorities are unable or unwilling to help. This would give citizens and journalists, including those in Greece, a powerful tool to seek redress, help identify abusers of the technology and understand how deep the iceberg goes.

In addition to increased testing, additional steps must also be taken at the EU level to ensure that others do not join Greek journalists as victims of illegal surveillance. The European Commission’s recently launched European Media Freedom Act (EMFA) correctly recognises the recent evolution of surveillance threats and includes specific rules about the use of spyware against media, journalists and their families.

However, under the EMFA, Member States would retain exemptions that permit the surveillance of journalists using spyware without the need for prior judicial review in cases which involve threats to national security or other serious crimes investigations. This complete lack of legal oversight for use of military-grade spyware is highly problematic and leaves the door wide open to further abuses.

The fact that Thanasis Koukakis, a financial and banking journalist, and Stavros Malichudis, who was writing about a Syrian boy’s art prize at the time, were both wiretapped under “national security” justifications, offers worrying examples of how these exemptions are open to abuse by governments and intelligence agencies to spy on legitimate journalistic work. Article 4 of the EMFA must therefore be significantly strengthened if it wants to achieve real protection for journalists and their sources.

Moving forward, we also urge the European Parliament’s PEGA Committee of Inquiry to propose strong recommendations for tougher regulation on the sale, trade and use of these kinds of intrusive surveillance weapons inside and outside the European Union, and for far greater transparency from state institutions.

If and when additional infections are identified, both the surveillance-for-hire companies that market these tools, and any actors, including state intelligence or law enforcement bodies, who unjustifiably deploy them against journalists must be held accountable for these grave violations of fundamental rights.

Our organisations will continue to closely monitor the situation regarding media freedom in Greece and document all future attacks on journalists.

Signed by:

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

Library

Slovakia: Deputy PM’s attacks undermined government’s broader efforts to…

Slovakia: Deputy PM’s attacks undermined government’s broader efforts to strengthen press freedom

The undersigned international media freedom and journalists organisations today express dismay over the recent attempts by deputy Slovak Prime Minister Igor Matovič to denigrate the country’s media and warn they were undermining wider efforts by the government to improve the landscape for media freedom.

In recent weeks, Matovič, the former prime minister and current finance minister, launched numerous verbal attacks on the media, including insulting posts on Facebook which personally attacked the editor-in-chief of the newspaper Denník N, Matúš Kostolný, over a critical opinion piece.

Speaking in parliament, Matovič, who is also leader of the largest party in government, then accused unspecified media of being corrupt and during a speech on 29 September again accused the the country’s media of “spreading lies” and likened their journalism to Nazi propaganda.

These comments clearly overstepped the bounds of legitimate criticism and represented unacceptable attacks on independent journalism which were rightly condemned. Our organisations welcome Prime Minister Eduard Heger’s statement defending journalists and the criticism of the minister’s comments by nine MPs from his OĽANO party.

We also stand behind the powerful joint statement issued on September 30 by 22 of the country’s leading editors-in-chief, who condemned the minister’s rhetoric and refused to be pressured into silence for carrying out their role as public watchdogs.
While we note the statement of apology addressed by Matovič “to all honest journalists” on October 3, this will only have credibility if followed up by action. We therefore urge the minister to refrain from making any further unjustified accusations of the press and to recognise that public figures holding elected office have a duty to act responsibly and be prepared to accept a higher level of public scrutiny.

If repeated, Matovič’s attacks will undermine the coalition government’s broader efforts to improve the landscape for press freedom. The parliament has passed important bills strengthening the protection of the confidentiality of journalistic sources, as well as increasing transparency of media ownership and funding. The Justice Ministry has tabled amendments to widen the scope of the Freedom of Information Act and decrease prison sentences for defamation. While full justice for the 2018 assassination of the journalist Ján Kuciak and his fiancée has not yet been reached, Slovak law-enforcement authorities are prosecuting corruption reported by journalists. Internationally, Slovakia has worked towards an ambitious European Media Freedom Act.

Moving forward, we hope to see the government continue this reform agenda and for an end to all further verbal attacks against the media. Our organisations will continue to closely monitor the situation in Slovakia in the coming weeks and months.

Signed by:

Reporters Without Borders (RSF)
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)

Library

International Press Freedom Groups Condemn Turkey Disinformation Bill Placed…

International Press Freedom Groups Condemn Turkey Disinformation Bill Placed before Parliament

Twenty five international media freedom, freedom of expression and journalists’ organisations call on Members of Parliament (MPs) to vote against the bill on “disinformation and fake news,” which was submitted to parliament’s General Assembly on October 4 by the governing alliance of the Justice and Development Party (AKP) and the Nationalist Movement Party (MHP).

Açıklamanın Türkçesi aşağıdadır. / Turkish translation available below.

The bill, which was first submitted to parliament in June before being postponed after the commission stages due to alleged differences between the two governing parties, has been resubmitted this week without any amendments despite fierce criticism from across civil society and the journalistic community.

The bill provides a framework for extensive censorship of online information and the criminalisation of journalism, which will enable the government to further subdue and control public debate in the leadup to Turkey’s general elections in 2023.

The proposed bill provides for:

Up to three years imprisonment for those found guilty of deliberately publishing “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.
An increase of any sentence by 50 percent where the information has been published from anonymous accounts, by someone concealing their identity, or as part of an organisation’s activities.
The expansion of the press law to include online news sites. This will enable the government to use the expanded role of the Press Advertising Agency, Basin Ilan Kurumu (BIK), to fund online propaganda while excluding critical outlets as has been applied in the print media.

The bill, with its vaguely formulated definition of disinformation and ‘intent’, overseen by Turkey’s highly politicised judiciary, will put millions of internet users at risk of criminal sanction and could lead to blanket censorship and self-censorship in the run up to the 2023 elections.

A consortium of media freedom and human rights organisations will be visiting Turkey 12 to 14 October to discuss the consequences of the disinformation bill with politicians and media stakeholders, as well as the challenges facing independent journalists in reporting public affairs in accordance with the principles of free and fair elections.

Signed by:

ARTICLE 19
Articolo 21
Association of European Journalists
Cartoonists Rights Network International (CRNI)
Committee to Protect Journalists (CPJ)
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Foreign Media Association (of Turkey) FMA
Freedom House
IFEX
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Media and Law Studies Association (MLSA)
Media Research Association (MEDAR)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
P24 Platform for Independent Journalism
PEN America
PEN International
PEN Norway
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
Swedish PEN
The Coalition For Women In Journalism (CFWIJ)

Uluslararası Basın Özgürlüğü Grupları Türkiye’de Meclise Sunulan Dezenformasyon Yasa Tasarısını Kınadı

Serbest bilgi akışını suç haline getirmek için tasarlanmış bir yasa

Yirmi beş uluslararası medya özgürlüğü, ifade özgürlüğü ve gazeteci örgütü, milletvekillerine Adalet ve Kalkınma Partisi (AKP) ve Milliyetçi Hareket Partisi (MHP) iktidar ittifakı tarafından 4 Ekim’de TBMM Genel Kurulu’na sunulan “dezenformasyon ve yalan haber” yasa tasarısına karşı oy kullanmaları çağrısında bulundu.

İlk olarak Haziran ayında meclise sunulan ancak iki iktidar partisi arasındaki görüş ayrılıkları nedeniyle komisyon aşamasından sonra ertelenen tasarı, sivil toplum ve gazetecilik camiasından gelen sert eleştirilere rağmen bu hafta hiçbir değişiklik yapılmadan yeniden meclis genel kuruluna sunuldu.

Tasarı, Türkiye’de 2023 yılında yapılacak genel seçimler öncesinde hükümetin kamusal tartışmayı daha da bastırmasına ve kontrol etmesine olanak sağlayacak şekilde, çevrimiçi bilginin kapsamlı bir şekilde sansürlenmesi ve habercilik faaliyetlerinin kriminalize edilmesi için bir çerçeve sunuyor.

Tasarı şunları öngörmektedir

Korku veya panik yaratmak, ülkenin iç veya dış güvenliğini, kamu düzenini ve toplumun genel sağlığını tehlikeye atmak amacıyla kasıtlı olarak “dezenformasyon ve yalan haber” yayınlamaktan suçlu bulunan kişiler için üç yıla kadar hapis cezası.
Bilginin anonim hesaplardan, kimliğini gizleyen bir kişi tarafından ya da bir örgütün faaliyetlerinin bir parçası olarak yayınlanması durumunda cezanın yüzde 50 oranında artırılması.
Basın kanununun internet haber sitelerini de kapsayacak şekilde genişletilmesi. Bu sayede hükümet, Basın İlan Kurumu’nun (BİK) genişletilmiş rolünü kullanarak, yazılı basında olduğu gibi eleştirel yayın organlarını dışlarken, internet üzerinden propagandayı finanse edebilecek.

Muğlak bir ifade ile oluşturulmuş olan dezenformasyon ve ‘kasıt’ tanımlarıyla, Türkiye’nin son derece siyasallaşmış yargısı tarafından denetlenen tasarı, milyonlarca internet kullanıcısını da cezai yaptırım riskiyle karşı karşıya bırakacak ve 2023 seçimleri öncesinde kapsamlı bir sansüre ve otosansüre yol açabilecektir.

Medya özgürlüğü ve insan hakları örgütlerinden oluşan bir konsorsiyum, dezenformasyon yasa tasarısının sonuçlarını siyasetçiler ve medya paydaşlarıyla tartışmak ve bağımsız gazetecilerin özgür ve adil seçim ilkelerine uygun olarak kamu meselelerini haberleştirmede karşılaştıkları zorlukları ele almak üzere 12-14 Ekim tarihleri arasında Türkiye’yi ziyaret edecek.

İmzalayanlar:

Amerika PEN
Article 19
Articolo 21
Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
Avrupa Gazeteciler Derneği (AEJ)
Avrupa Gazeteciler Federasyonu (EFJ)
Bağımsız Gazetecilik Platformu P24
Danimarka PEN
Gazetecileri Koruma Komitesi (CPJ)
Gazetecilikte Kadınlar Koalisyonu (CFWIJ)
Güneydoğu Avrupa Medya Kurumu (SEEMO)
İngiltere PEN
İsveç PEN
Medya Araştırmaları Derneği (MEDAR)
Medya ve Hukuk Çalışmaları Derneği (MLSA)
Norveç PEN
Özgürlük Evi (FH)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
Sınır Tanımayan Gazeteciler (RSF)
Uluslararası Gazeteciler Federasyonu (IFJ)
Uluslararası Karikatürist Hakları Ağı (CRNI)
Uluslararası PEN
Uluslararası İfade Hürriyeti (IFEX)
Yabancı Medya Derneği (FMA)

Library

Slovenia: Government faces hurdles in effort to ‘depoliticise’ public…

Slovenia: Government faces hurdles in effort to ‘depoliticise’ public broadcaster

By IPI contributor Katja Lihtenvalner

Since coming to power in April 2022, Slovenia’s new centre-left government led by Prime Minister Robert Golob has pressed ahead with a campaign pledge to reform the country’s outdated media law and strengthen the independence of Radio-Television Slovenia (RTV).

The centrepiece of this reform is a legislative effort to depoliticize the management of the public broadcaster through a restructuring of its two main oversight bodies, the programme and supervisory boards.

However, challenges started immediately after the government brought forward a draft version of the amendment to the RTV law in July. At the same time, new management within the broadcaster is leading to continued accusations of pressure on journalists and editorial freedom.

Depoliticization of public broadcaster

Back in July, the country’s 90-seat National Assembly approve d the government’s draft amendment to the RTV Act, with 50 MPs voting in favour.

“Today’s debate shows that a new broadcasting law is urgently needed. The public reckoning with employees, the trade unionist – all this shows the mismanagement of public service broadcasting”, newly appointed Minister for Culture Asta Vrecko said in the parliament at the time.

The amendment to the RTV Act proposes changes to the management, administration and supervision of the RTV Slovenia. Instead of the existing programme and supervisory boards – which have for years been seen as a tool for a new government to stamp its influence on the broadcaster through politicised appointments – the revised law would introduce a single management and supervisory body, the RTV Council. This body would consist of 17 members, with civil society and RTV employees playing a decisive role.

“The aim is to remove politics from public service broadcasting and ensure its institutional and programme autonomy”, an official government statement said. Vrecko added: “I don’t care who started this politicization. What is important to me is that we put an end to it.”

However, this reform process is facing a major challenge from the largest opposition party, the Slovenian Democratic Party (SDS), which has criticized the initiative as a politically motivated and unlawful attempt to remove RTVS’s director general, who was appointed during its government.

“We are witnessing a beheading of RTV that has never been seen before in the history of the country”, SDS said after the adoption of the amendment.

When in government, members of the SDS including then Prime Minister Janez Janša were accused of undermining the integrity of the public broadcaster, appointing politicized figures to RTVS’ oversight boards and engaging in several smears against some of its management and journalists.

Referendum challenge

In an effort to block the amendments, on September 9 SDS started a campaign to collect the 40,000 signatures needed to call for a legislative referendum on the proposed reforms.

“The amendment recklessly introduces a new management and supervisory body which, under the guise of depoliticization, abolishes the programme and supervisory boards, which guarantee impartiality and balance”, SDS said during the signature campaign, which it titled “against the politicization of RTV”. SDS did not respond to questions for this article about its criticism of the amendment.

Back in July, Prime Minister Golob commented on the opposition’s referendum initiative: “This is a misuse of the referendum law in order to stop the executive or the legislature.”

The second largest opposition party, Nova Slovenija (the Christian Democrats), also opposed the amendment to the Broadcasting Act.

“In principle, we support greater involvement of civil society in the RTV Council, but the amendment effectively excludes part of civil society. In fact, only certain civil society organizations could appoint representatives, which in our view do not represent a broad range of viewers and listeners with different views and beliefs”, the party said in a written response for this article.

However, Nova Slovenija said it will not actively join SDS in collecting signatures for the referendum.

SDS now has until October 5 to collect the necessary signatures of support. After that, the initiator of the referendum has seven days to submit a request. If this is complete, the National Assembly then has seven days to call the referendum by decree.

RTV under pressure

While the political confrontation continues, internally RTVS remains mired in disputes between journalists and its new management.

The situation has deteriorated since April last year, when 37-year-old lawyer Andrej Grah Whatmough t ook over the leadership of RTVS. Internal disputes escalated further in June when Uroš Urbanija, a previous editor at the Slovenian Press Agency and former head of the Government Communication Office (UKOM) under the government of previous Prime Minister Janez Jansa, was appointed as a director of public TV.

Both are seen as having political ties to Janša. While Urbanija headed UKOM, the body suspended financing for the Slovenian Press Agency (STA) over a legal dispute, driving it to the point of bankruptcy and leading to strong criticism from EU leaders.

“Urbanija, the former head of the government’s Communications Office, is highly political and biased, and his media history leaves traces of unprofessionalism, bullying, conflicts with journalists’ collectives and personal vendettas”; the journalist’s union said when it urged Whatmough not to appoint Urbanija.

IPI asked Urbanija for his response to these accusations. Urbanija agreed to comment on the allegations only in a separate interview in which he is the only person interviewed.

Claims of harassment and pressure have been made by several journalists in recent months.

“What is happening now has crossed all borders of the limits of decency, professionalism and common sense”, one of Slovenia’s most influential television commentators, Igor Bergant, recently said about the developments at RTV.

Another TV presenter, Saša Kranjc, said: “It happens that we have to publish stories that we don’t know, that an editor asks for a statement to be retracted from a story and that we are forbidden to publish a piece of news.”

As a gesture of support, journalists have now gathered twice during the news programme to point out the problems to the audience. They also wanted to show the support for colleagues who were threatened by Urbanija with “disciplinary action” among them above mentioned Kranjc and editor, Vesna Pfeiffer.

“The new management is cancelling programmes, cutting the news bulletin and violating the programme and production plan, which is already seriously undermining public information about what is happening at home and around the world, and thus the public’s right to be informed”, the staff of TV Slovenia’s news programme said in a press release.

Journalists and media workers have also staged several strikes organized by the unions. Various open letters have been published and sent to the Prime Minister Golob by the director of RTV and the director of TV.

“We are witnessing a kind of staging of an epic confrontation: the management, the supervisory and programming board, on a political mission to destroy the house, confronting the journalistic collective”, media analyst Boris Vezjak explained. “In between, there are the extras, the majority of them, who look the other way and do not get involved.”

This article is 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.

Library

Albania: Media must not face criminal prosecution for public…

Albania: Media must not face criminal prosecution for public interest reporting

The undersigned media freedom and journalist associations today express our shared concern over the blanket publication ban issued by Albanian prosecutorial authorities regarding a trove of hacked data, and stress that no journalist or media outlet should face criminal sanctions for publishing information in the public interest.

While our organisations recognise the sensitive nature of these leaks and urge all media in Albania to handle the material in a strictly ethical and responsible manner, it is vital that Albanian authorities proceed with caution and full consideration for journalistic freedoms protected under both domestic and international law.

On 19 September 2022, the Prosecutor’s Office of Tirana issued an “order” which banned all media in Albania from publishing data or information from a cache of files which had been hacked from Albanian servers and computer systems and then leaked online. The high-profile leaks followed a wave of damaging cyber-attacks on Albanian servers and computer systems in recent months by state-backed hackers in Iran, which has caused a diplomatic crisis and the severing of ties between the two countries.

The bulk of the hacked material contains classified police information and sensitive email correspondence, documents and memos between Albanian politicians, authorities and foreign ambassadors, including documents about suspected plans to assassinate foreign and domestic political figures, according to reports.

In response to the latest leaks, the Prosecutor’s Office of Tirana issued the order and warned that media that violate the ban would face criminal investigation under articles 103, 208 and 304 of the penal code. This included publication in audio-visual, print and online media, as well as social media. News websites that published data would subsequently be blocked.The information was first shared via a post on the Facebook account of the Albanian Police.

Our organisations recognise the severity of these cyber-attacks and the sensitive nature of the leaked data. In such circumstances, the media have a professional responsibility to handle and present this kind of material in an ethical manner, with full consideration given to citizens’ right to privacy and serious national security concerns.

However, regardless of the source of the material or the intent of those behind the attacks, journalists have a responsibility to assess the veracity and public interest nature of the leaked information, as well as the right of citizens to be informed about newsworthy matters.

The response by the Tirana Prosecutor’s Office to try and unilaterally limit all reporting on the leaked information, without proper consideration given to the public interest, therefore raises serious concerns about unjustified infringements on the freedom of the press, which is already under the spotlight in Albania.

Threats of criminal investigations and website blocking for media or journalists that violate the banning order will meanwhile have a censorious effect on reporting and could open the door to the criminalisation of legitimate journalistic activity. No journalist, editor or publisher in Albania should face prosecution for publishing accurate information on a matter of public interest.

Moreover, the role of the Audiovisual Media Authority (AMA) and the Electronic and Postal Communications Authority (AKEP) – two independent bodies – in monitoring the media ecosystem for potential violations on behalf of the Prosecutor’s Office also raises clear concerns.

Moving forward, our organisations urge investigatory and government authorities in Albania to avoid taking any further steps which undermine the exercise of responsible journalism or endanger the liberty of journalists publishing public interest material. We will continue to closely monitor the situation in the coming days and respond to further developments.

Signed by:

ARTICLE 19 Europe
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)
Safe Journalists Network
Osservatorio Balcani Caucaso Transeuropa (OBCT)

Library

Call for Italian political forces to take a stand…

Call for Italian political forces to take a stand against SLAPPs

A group of media freedom and journalists’ organisations have published a statement outlining a list of measures that must be adopted in order to protect victims of Strategic Lawsuits Against Public Participation (SLAPPs) in Italy.

The right of citizens to be informed about matters of public interest and of journalists to write freely about them cannot and must not be hindered by SLAPPs. Civil society’s appeal to the future parliament to promote measures to contrast strategic lawsuits

SLAPPs (Strategic lawsuits against public participation) aim at silencing journalists, activists, whistleblowers, and anyone who sheds light on matters of public interest. SLAPPs are a true violation of the right of citizens to be informed and freedom of expression. SLAPPs also pose serious restrictions on democratic participation as they deprive the public debate of voices reporting on issues of public interest. The explicit goal of those who carry out legal actions against journalists and activists dealing with e.g. corruption, abuse of power, and environmental issues is to silence them – a threat to freedom of expression and the right to report.

The use of SLAPPs is widespread in Italy. The legal tool most commonly employed to instigate SLAPP cases is defamation, both civil and criminal. However, the right to privacy and the right to be forgotten are also misused to prevent the disclosure of inconvenient information. Often, legal threats even precede the publication of the investigation, triggering mechanisms of self-censorship.

The Italian Parliament has already been urged to abide by the recent Constitutional Court rulings on the issue of defamation. The Court, in fact, intervened with a decision in 2020 and a ruling in 2021 on the issue of the constitutionality of prison sentences for journalists in cases of press defamation, calling on the Parliament to remove the rules that provide for incarceration – except for cases of ‘exceptional gravity’ – and to promote a wide-ranging reform of the relevant legislation. Such a reform, which has remained stagnant and obstructed in previous legislatures, is necessary in order to hopefully reach an “effective balance between freedom of expression and the protection of reputation”, as the Court emphasised in 2021.

At the European level, last April the European Commission presented its response to the problem by drafting a two-pronged document: a directive on transnational cases, which will now have to follow its approval process between the EU Council and the European Parliament, and a recommendation with immediate but non-binding effect, which gathers precise indications to be applied in national cases. This was possible also thanks to an intense mobilisation of the Coalition against SLAPP in Europe (CASE), which gathers more than 40 European civil society organisations committed to combating SLAPPs.

European Commission Vice-President Vera Jourova calls the directive under discussion “Daphne’s law”, to remember Maltese journalist Daphne Caruana Galizia, killed in 2017 while being targeted with several legal proceedings, and whose tragic story helped to raise attention to the issue. The presentation of the proposal at European level was celebrated as a moment of historic significance, an achievement unthinkable until a few years ago.

This heritage must not be lost.

The European initiative should propel the urgent adoption of measures to protect SLAPP victims in Italy as well. Now it is up to the next Italian Parliament and Government to do their part. In view of the vote on 25 September, the signatories of this appeal ask all the candidates in the forthcoming elections and the political forces for a public commitment to support during the next legislature, in the European and national fora, the adoption of measures, within and beyond the legislative realm, to counter SLAPP.

Specifically, we call for:

the introduction of the issue of SLAPP as a priority on the Italian political agenda;
the launch of a comprehensive legal reform on defamation, both criminal and civil, in line with recent Constitutional Court rulings and the standards of international law on freedom of expression;
the introduction of a procedure for the timely dismissal of legal actions classifiable as SLAPP;
the establishment of punitive and deterrent sanctions for SLAPP perpetrators;
the systematic and independent data collection and monitoring of intimidating legal acts by institutions in cooperation with civil society;
the continuation of the parliamentary intergroup dealing with information, media, and journalism and the effective engagement of its members in combating SLAPPs;
the implementation without delay of the guidelines contained in the European Recommendation for national cases;
the support, in the European fora, of the proposed anti-SLAPP Directive presented by the European Commission on 27 April 2022.

Thanks to an active network throughout Europe, civil society has made a fundamental contribution in formulating responses to prevent reckless lawsuits from restricting free expression, participation, and democracy. We will continue to advocate for the proposed measures to be adopted.

The appeal is open to all organisations and individuals who share these demands. List constantly being updated here.

Signed by:

Osservatorio Balcani Caucaso Transeuropa

Articolo 21
Transparency International Italia
Article 19 Europe
Environmental Paper Network
Greenpeace Italia
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
International Press Institute (IPI)
Festival dei Diritti Umani
Associazione Italiana Medici per l’Ambiente (ISDE)
info.nodes
Lega Italiana Antivivisezione (LAV)
Parliament Watch Italia

Library

Joint Statement on the Proposal for the European Media…

Joint Statement on the Proposal for the European Media Freedom Act

The undersigned journalists’, media freedom, and human rights organisations welcome the European Commission’s initiative to strengthen the free and pluralistic media system and the commitment to protect journalists and editorial independence within the European Union.

These values directly link to fundamental rights, such as freedom of expression, the right to access to information, the formation of opinion, and making informed choices in elections, as enshrined in the Charter of Fundamental Rights.

Matters relating to the media have traditionally been the competence of member states, however such is the threat posed to media freedom that an EU wide action has become necessary to protect Europe’s democratic values.

Therefore we support the European Media Freedom Act (EMFA) which breaks significant new ground in our efforts to protect media freedom in Europe. The EMFA has identified many of the key issues where the EU and member states must urgently act in order to protect media freedoms. This statement of intent, alone, is very welcome.

However, if the EMFA is to become effective in the struggle to guarantee media pluralism, to protect journalists’ rights and ensure editorial independence from the impact of vested commercial and political interests, it should strengthen efforts to increase the transparency in media ownership; introduce rules governing all financial relations between the state and media (in addition to advertising); guarantee the independence of national regulators as well as the independence of the European Board for Media Services; and fully protect journalists from all forms of surveillance (in addition to spyware).

The undersigned organisations look forward to continuing to engage with the institutions of the European Union to ensure that the text of the European Media Freedom Act is as robust and effective as possible and helps provide a foundation for generations of journalists to come.

Signed by:

Association of European Journalists (AEJ)
Civil Liberties Union for Europe (Liberties)
Coalition for Creativity (C4C)
Committee to Protect Journalists
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
Global Forum for Media Development (GFMD)
Index on Censorship
International Press Institute (IPI)
Media Diversity Institute, Belgium (MDI)
OBC Transeuropa (OBCT)
Ossigeno.info
Reporters WIthout Borders (RSF)
Society of Journalists, Warsaw
South East Europe Media Organisation (SEEMO)
The Daphne Caruana Galizia Foundation
Transparency International EU
World Association Community Radio Broadcasters (AMARC Europe)