Leader of Civic Platform (PO) and Poland Prime Minister Donald Tusk speaks during a rally on the 'Nowy Targ' square in Wroclaw, Poland, 24 June 2023. EPA-EFE/Tomasz Golla

Poland: Upheaval at Polish public broadcaster must lead to…

Upheaval at Polish public broadcaster must lead to comprehensive reform to restore and safeguard independence

Sudden dismissal of supervisory boards risks setting dangerous precedent. The new Polish government’s abrupt dismissal of the supervisory bodies of the country’s public television broadcaster TVP and national news agency PAP risks setting an alarming precedent that must be urgently rectified by new rules to permanently protect these institutions’ independence, the International Press Institute (IPI) said today.

The previous Law and Justice (PiS) government had shamelessly turned Poland’s public media into instruments of state propaganda. The new coalition’s goal of ending this situation is therefore unquestionably justified. However, these reform efforts must take care not to perpetuate a cycle of politicization or perceived politicization. The new government must now work to pass comprehensive reform that guarantees the right of Poland’s public media to work freely and shields them from future interference by political parties of all stripes.

On Tuesday, December 19, the new parliament passed a resolution calling for the restoration of “impartiality and reliability of the public media.”

On Wednesday, the minister of culture, Bartłomiej Sienkiewicz, announced the appointment  of new supervisory boards for public television, public radio and the news agency PAP, as well as the appointment of new management in the three government-owned companies.

Minutes after the dismissal of the supervisory boards, TVP’s 24-hour news channel TVP Info, was taken off air, while TVP’s Channel One aired no news bulletins throughout the day on Wednesday.

The changes provoked a furious reaction from the outgoing party of Law and Justice (PiS) whose members staged an overnight sit-in on Tuesday in the broadcaster’s headquarters, also  joined by PiS  leader, Jaroslaw Kaczyński.

The new government asserted its right to act on two main grounds: firstly that the establishment of the National Media Council, the supervisory body for public TV and Radio set up by PiS in early 2016, had been ruled unconstitutional in December 2016; and secondly that the ministry of culture, as the sole owner of the public radio and TV, must now take on the NMC responsibilities and exercise the authority to restore impartiality to public media.

During their eight years in government (2015 to 2023) PiS converted the public media into an unapologetically hardline propaganda outfit designed not only to promote government policy but also to aggressively delegitimize its critics and the political opposition.

IPI visited Poland in September as part of the Media Freedom Rapid Response mission and concluded that the public media had been fully converted into a propaganda arm of the ruling party. Successive reports of the Organization for Security and Co-operation in Europe (OSCE) monitoring of Poland’s elections concluded that PiS “enjoyed clear advantage through its undue influence over the use of state resources and public media” during the 2023 October elections; and that the broadcaster was ‘frequently portraying the [party’s] main challenger as a threat to Polish values and national interests’ in the 2020 Presidential elections.

“While there is no question that the TVP and Polish Radio are both in need of drastic reform, IPI is troubled by the approach adopted that appears to be stretching the rule of law,” said IPI Deputy Director Scott Griffen. “While the ultimate aim is unquestionably legitimate, such an act may set a dangerous precedent for every incoming government to use legal loopholes to overturn the actions of the previous government.”

“The government must now ensure that what emerges from the changes is a fully independent public broadcaster that represents the voices and views of all of society without discrimination. The Tusk government must work with journalists groups and media experts from across Poland to establish the necessary legal safeguards that can protect public media in the future from all forms of political interference.”

The Media Freedom Rapid Responses mission report from September 2023 outlines the full range of challenges facing media freedom in Poland including media pluralism, vexatious lawsuits and safety of journalists. We urge the Civic Platform-led government to make media independence and journalists rights a central element of their programme.

This statement by IPI 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. The project is co-funded by the European Commission.

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Romania: IPI stands by Libertatea as layoffs deepen concerns…

Romania: IPI stands by Libertatea as layoffs deepen concerns over pressure on editorial independence

The International Press Institute (IPI) today outlines its support for staff at the Romanian daily newspaper Libertatea and expresses growing concern over alleged pressures on its independent journalism after the recent firing of three members of its editorial management team.

IPI is proud to count Libertatea, one of the highest quality media outlets and sources of independent news in Romania, as a member of our Central European Independent Media Network, which brings together leading independent news outlets in the region.

On 6 December 2023, the newspaper’s Swiss owner Ringier announced that editorial director Cătălin Tolontan, deputy editor-in-chief Iulia Roșu, and editor of the print edition, Camelia Stan, would all lose their jobs, and that 20% of journalists would also be laid off. The decision was branded as a dark day for press freedom in Romania.

The move was justified by Ringier Romania as restructuring required to place more focus on digital revenue in an era of declining print sales. It follows the abrupt closure in early November of the print edition of Libertatea’s sister newspaper Gazeta Sporturilor (GSP), which is also owned by Ringier.

However, the dismissals came amidst ongoing accusations by staff at both Libertatea and GSP about what they claim is interference in the editorial independence in both titles by figures within Ringier’s management. The accusations – denied by Ringier – stem from an alleged attempt by representatives from the company to preview articles about gambling firms that are advertising clients.

Although print sales were cited as the main reason for the restructuring at Libertatea, IPI notes that Cătălin Tolontan did not have duties that exclusively concerned the printed edition, while Iulia Roșu worked exclusively on the digital edition. Both had been among a group of editors from the two newspapers who had brought complaints to Ringier about unjustified meddling by Ringier management linked to the gambling industry. Both had also questioned the reported suggestion by a representative of Ringier Sports Management Group – who has well-established connections with the gambling industry, including being the founder of the national gambling association in neighbouring Bulgaria – for weaker separation between editorial and advertising teams. Of the six editors who in August 2023 requested a meeting with Ringier management to discuss the requests to preview articles, four have since lost their jobs and another, Libertatea’s editor-in-chief, has resigned.

After the initial dismissal of GSP’s then editor-in-chief in October, IPI wrote to Ringier to outline our concerns. In this correspondence, the company strongly and repeatedly rejected accusations made by staff of editorial interference. IPI has now sent a second letter to Ringier to seek additional clarifications on the disputed facts in this case and to underline our concerns.

Following the latest developments, IPI outlines our support for the continuation of high quality and independent journalism at Libertatea, and the important investigative journalism on the betting industry conducted in recent years by GSP. This kind of public interest and watchdog journalism is sorely needed in Romania, which faces a super-electoral year in 2024.

Any and all efforts by external actors or management to meddle in the newspaper’s editorial independence, particularly regarding its reporting on the gambling industry and those affiliated with it, must be met with strong opposition. While financial sustainability is important and always required for a media company to retain its editorial independence, any suggestion from management of weakening the firewall between the advertising teams and editorial newsroom to achieve it must always be challenged.

In early 2024, IPI and other media freedom groups intend to conduct a fact-finding mission about the climate for media freedom and independent journalism in Romania. Among other themes, the mission will also scrutinize the increasing corrosive impact the gambling industry is having on the integrity and credibility of both current affairs and sports journalism in Romania, and the main figures associated with the betting industry responsible for the alleged pressures on editorial freedoms.

IPI will continue to monitor the situation closely and has requested to meet with Ringier management to discuss the matter further. IPI stands with all journalists in Romania who are committed to strong, free, and independent journalism.

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

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Turkey: Press freedom crisis deepens amid earthquake and national…

Turkey: Press freedom crisis deepens amid earthquake and national elections

The partners of the Media Freedom Rapid Response (MFRR) today publish the findings of an international press freedom mission to Turkey in a report titled “Press freedom crisis deepens amid earthquake and national elections”.

The report, which details the findings of an international press freedom mission to Turkey in October 2023, focuses on the challenges facing independent and critical journalism in Turkey in 2023, a year marked by the tragic February earthquakes and the parliamentary and presidential elections in May.

 

The mission included meetings with editors, journalists, local civil society groups, Constitutional Court officials, broadcast regulator Radio and Television Supreme Council (RTÜK) members, and representatives of opposition political parties. The mission was convened by the International Press Institute (IPI) and was joined by representatives from the Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF), Osservatorio Balcani Caucaso Transeuropa (OBCT), and Reporters Without Borders (RSF).

This mission report was coordinated as part of IPI’s #FreeTurkeyJournalists campaign and in cooperation with Media Freedom Rapid Response (MFRR) partners. The MFRR is a Europe-wide mechanism which tracks, monitors, and responds to violations of press and media freedom in EU Member States and candidate countries.

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Malta risks missing the opportunity to safeguard journalists

Malta risks missing the opportunity to safeguard journalists

By IPI contributor Elizabeth De Gaetano

On October 2, Prime Minister Robert Abela announced that he would publish a white paper on proposed laws for the media in Malta. This declaration came as he tabled in Parliament the final report of the Committee of Media Experts he had appointed last year to advise on reforming media laws in Malta.

Government officials touted this announcement as the culmination of a transparent and inclusive public consultation towards unprecedented reforms to safeguard the media in Malta following the death of journalist Daphne Caruana Galizia.

Caruana Galizia was killed by a car bomb in Malta on October 16, 2017, and, to date, three men have been convicted, and three other suspects await trial, including the alleged mastermind.

Two years following her death and after pressure from the Caruana Galizia family, civil society and international media freedom organisations, the government commissioned a public inquiry to investigate the circumstances that led to her death.

In its 2021 report, the public inquiry found the state had to “shoulder responsibility” for Caruana Galizia’s death because it had created an “atmosphere of impunity”. It had also failed to take reasonable steps to protect her. The report went on to make critical recommendations for legislative reform within the establishment and within the police to fight corruption and improve the safety of journalists.

Two years after receiving the final report of the public inquiry into the assassination of Daphne Caruana Galizia, Malta has yet to address the systemic failures that led to the journalist’s death.

Malta’s government has still only fully implemented one of the 28 key recommendations, which it proceeded to mishandle.

The Caruana Galizia inquiry report recommended setting up a Committee of Media Experts that was meant to examine the state of journalism and the fundamental right of freedom of expression. The committee was to produce specific recommendations that parliament would consider in a brief timeframe.

Instead, the government set up a Committee of Media Experts to advise on legislation already drafted rather than to advise the government during the drafting process. And ever since the Committee was set up, the entire two-year consultative process has been characterised by opacity and controversy, leaving journalists no better protected than before.

As journalists and civil society await the publication of the white paper and the details included within, there is some concern that this major opportunity for meaningful reform which better protects journalists could be lost, and that one element of the legacy many hoped to secure after the tragic murder of Daphne Caruana Galizia could be undermined.

 

A fraught and opaque process

Work to reform the laws governing Maltese media began in January 2022 after the government rejected legislative proposals presented in parliament by the opposition that were based on the public inquiry’s recommendations.

Instead, the government announced that it had appointed an eight-person committee to assess local laws and advise on improving them. The committee was given three months to submit their comments and suggestions on the draft legislation already prepared by the government.

The committee was never consulted during the drafting of the bills. It was also instructed to keep their discussions confidential, which led to criticism of the journalists who formed part of the Committee representing Malta’s Press Association.

The Committee of Media Experts submitted its first recommendations and proposals in June 2022. But the report was not made public until late September when Justice Minister Jonathan Attard presented the government’s proposals at a press conference.

Legal experts immediately identified several deficiencies in the Maltese government’s legislative proposals.

For example, a proposed amendment that seeks to protect the heirs of a deceased author or editor in defamation cases still raises concerns about the ability of publishers to defend against such allegations should a plaintiff decide to pursue their case against a publisher.

In addition, the proposed amendments address Strategic Lawsuits Against Public Participation (SLAPP) by empowering Maltese courts to dismiss baseless cases. Damages in SLAPP suits from foreign courts can be capped locally, and local courts can disregard foreign judgments in such suits. However, the proposed legislation falls short of international recommendations, leaving journalists in Malta vulnerable to SLAPP threats.

 

About to miss an opportunity?

After unveiling the draft bills, over a hundred Maltese journalists, academics, and artists wrote to Prime Minister Robert Abela, urging him to hold a public consultation on the proposed legislation.

The prime minister initially resisted but eventually agreed to halt the legislative process to allow the media experts committee to consult the broader media sector.

The same committee, whose main recommendations had already been ignored and which the government blamed for the lack of consultation, was then tasked with consulting the public and returning with a revised set of recommendations.

The committee submitted its second report to the government last July. Malta’s Parliament had closed for the summer recess by then, allowing the government to keep the report under wraps until October 2 when it was tabled in the House of Representatives.

Proposals made by the committee include creating a system of transparent public funding for media houses, binding public authorities to provide information to journalists within a reasonable time, and constitutionally protecting journalists from revealing their sources.

These elements of the proposed reforms have been cautiously welcomed by media freedom groups, who stress that the devil will be in the detail of the proposed amendments, as well as the strictness of their implementation.

The committee also proposed amendments to the law protecting journalists from Strategic Lawsuits Against Public Participation, allowing them to be dismissed early on in the court proceedings and recommended the removal of terms such as journalist, author or editor and extending the protection from SLAPPs to other possible targets, including NGOs and activists.

It also advised the government to empower magistrates who rule against a SLAPP case to order the payment of damages to the person or entity targeted by the SLAPP suit.

In its report, committee members noted that the government had again ignored its central original proposal, namely imposing an explicit obligation upon authorities to provide access to information within a reasonable time via Freedom of Information (FOI) requests..

There were also several recommendations, including those by international press freedom organisations, that the Media Committee should have considered in this second round of recommendations.

The committee did not introduce specific criteria for identifying a SLAPP suit and maintained the process of acknowledging foreign judgments that comply with the third country’s law. Experts, therefore, believe that in their current form, the suggested anti-SLAPP provisions will do little to deter plaintiffs from filing SLAPP suits.

When the report was tabled in parliament on October 2, Prime Minister Abela also announced that he would publish a white paper with the proposed laws for the media in Malta but gave no indication when this would be.

Given how fraught and protracted the entire consultation process has been, the white paper feedback may be the last chance to push for more ambitious legislation to create an enabling environment for public participation in Malta or risk being stuck with sub-optimal laws that will do little to change the status quo.

As the wait for the white paper continues, determination remains firm amongst media, journalists and international organisations to push for the best possible media laws for Malta, and the improvement in press freedom that such reforms would bring.

This article was commissioned by IPI as part of the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. The project is co-funded by the European Commission.

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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. 

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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)

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

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Serb Member of the Presidency of Bosnia and Herzegovina Milorad Dodik

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)

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

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Poland: Media freedom reform faces obstacles after opposition victory

Poland: Media freedom reform faces obstacles after opposition victory

After coming first in the parliamentary elections on October 15, Poland’s centrist opposition parties, led by Donald Tusk’s Civic Coalition, look set to form a coalition government in the weeks ahead.

After eight years of rule by the hard-right conservative Law and Justice (PiS) party, the new government will have a full plate as it sets out to rebuild Poland’s democratic pillars, from the courts to the state-owned media. The change in government could also usher in broader changes to the media landscape.

In the years after PiS came to power in 2015, the media freedom situation in Poland deteriorated sharply amidst an attack on critical and independent media.

The state-owned media was one of the government’s first targets: PiS swiftly pushed through legislation that allowed it to assert control over the country’s public broadcaster and established a National Media Council tasked with appointing the management of state-owned broadcaster TVP, Polish Radio and the PAP news agency.

These efforts to control the media extended to private media outlets too; for example, state-controlled oil company PKN Orlen purchased the country’s largest regional newspaper publisher Polska Press from its German owner in 2021, which resulted in most of the newspapers’ editors then being replaced and a marked switch in editorial lines favourable to PiS.

As outlined in a recent report by the Media Freedom Rapid Response (MFRR) produced ahead of the election, these pressures by PiS came on top of multi-pronged campaign of regulatory, financial and legislative pressure aimed at undermining the influence of major media critical of the government, including the use of Strategic Lawsuits Against Public Participation (SLAPPs).

While hopes are high this democratic opening in Poland will lead to a positive reform of the media landscape in line with EU values and roll back the media capture campaign of the previous government, the path forward is strewn with pitfalls and obstacles.

 

Spotlight on TVP

As the three opposition groupings — Tusk’s Civic Coalition, Third Way (an alliance of the agrarian Polish People’s Party and the centrist Poland 2050), and the Left — work on a coalition agreement, the spotlight is on TVP, which is notorious for its pro-Law and Justice coverage.

As the OSCE noted after the elections this fall, its “distorted and openly partisan coverage” helped provide a clear advantage to the ruling party. The MFRR report also highlighted the role of TVP in parroting the PiS party line and attacking the opposition parties.

Even before they won the elections, opposition leaders had indicated that it would be a priority for them if they came to power. “We will need exactly 24 hours for PiS government television to turn into public television,” said Tusk, who is expected to head the new government, at a pre-election rally in September.

However, in reality the process for reform looks set to take longer. The new government will have to reckon with the National Media Council, whose members’ term does not end until 2028. It is not simply a matter of changing the law: any attempts by the new parliamentary majority to amend media legislation could be blocked by President Andrzej Duda, who hails from PiS but left the party when he was elected president in 2015, using his right to veto. For this reason, an alternative approach is reportedly being considered: placing the public media in a state of liquidation, in which case they would be managed by receiverships – a form of compulsory administration – which the NMC would be unable to dismiss.

“A lot of things can be done without changing the existing laws, on the basis of currently existing law and with a parliamentary majority,” said Szymon Hołownia, the leader of the Poland 2050 party, in a conversation with Super Express broadcast on October 30, referring to the public media.

In this context, the National Media Council warned in a statement published on October 27 that “an attempt to undermine the laws, e.g. by repealing resolutions on the appointment of members of the National Broadcasting Council and the National Media Council, who have a statutory six-year term of office, by liquidating public media companies, or by any other means that circumvents the statutory procedure, will be a violation of the law and the Constitution. The very announcement of the liquidation of the public media is an act to the detriment of Polish culture and raison d’état.”

As outlined by IPI in a previous analysis, the NMC – a body established by PiS after a controversial change to the media law – has been an integral part of the institutional machinery of media capture which PiS has constructed in the last few years. While the PiS-dominated body seems determined to dig in and block democratic reform to the broadcasters it oversees, addressing the broadcaster’s spread of disinformation and party propaganda is seen as being vital moving forward.

However, the mechanisms used by the opposition to do so will be closely scrutinized by the EU. Media freedom groups will be urging the future government to ensure that any changes are enacted in a democratic and legal manner and aimed at restoring editorial and institutional independence to both the public media and its oversight bodies.

Rather than simply repeat the cycle of politicized purges and replacements enacted by previous administrations on both the left and right, the future government will face calls to ensure systemic reforms which reduce the influence of all ruling parties to meddle in the broadcaster’s management and editorial line. To do so, the government will have to look beyond short-term political opportunism towards more sustained democratic recovery.

 

The fate of Polska Press

Eyes are also on PKN Orlen, with speculation about what might happen to Polska Press amid the change in government and the expected changes in management at Poland’s state-owned companies — as well as media reports that Law and Justice plans to establish a new right-wing media company as the party moves into opposition. So far, Orlen has denied reports by news platform Onet that it plans to sell Polska Press rapidly before a new, opposition-led government is formed.

“Orlen has not and is not conducting any talks on the sale of Polska Press. The Orlen Group consistently implements its strategy, which is focused on the development of modern communication channels with customers, increasing digitization of sales formats and the construction of an e-commerce platform, among other things. The investment in Polska Press is part of this strategy, in particular in terms of building an integrated digital services platform,” wrote the company’s press office in its response to Onet.

Post-election changes at state-owned companies are also expected to have implications for spending on state advertising at private media outlets from across the political spectrum. Analysis of Kantar Media data by Tadeusz Kowalski, a media studies professor at the University of Warsaw, showed that state-owned companies have been spending higher amounts on advertising in media outlets that support the government. The abuse of state advertising funds to reward favourable coverage while draining critical media of revenue has long been criticized by international media freedom groups.

The matter of independent media regulation will also be on the agenda. Under PiS, the National Broadcasting Council, KRRiT, has been accused of abusing its licensing powers to create business uncertainty and applying arbitrary financial penalties to pressure independent newsrooms. Currently the influential regulator is dominated by PiS appointees. Creating the conditions for the body to be returned to democratic management by non-political figures will also face serious challenges.

With local and European Parliament elections scheduled for 2024, the stakes are high. While the post-election changes in Poland could usher in a new era of greater media freedom, undoing damage done by the outgoing Law and Justice government, there are several thorny issues to be dealt with — from the fate of TVP to that of Polska Press — and the new government will have to tread carefully.

The real challenge for the incoming coalition government will be to take a long-term view, ensuring that the reforms are not simply a purge, but democratic changes which fundamentally depoliticize the broadcasters and strengthen editorial independence from all governments, now and in the future.

This article was commissioned by IPI as part of the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries. The project is co-funded by the European Commission.

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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)

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.

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)
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Slovakia: New PM rages against media while Culture Minister…

Slovakia: New PM rages against media while Culture Minister plans future of public service media

Robert Fico and his Smer party have returned to power in Slovakia. The politician who was forced to resign as prime minister after the murder of journalist Ján Kuciak in 2018 is back at the head of a new governing coalition creating deep unease among Slovakia’s journalists about the future for media freedoms and public service journalism.

 

By IPI contributor Peter Hanak

On Sunday November 12, Fico published a ten minute video tirade against independent news organisations where he singles out TV Markiza, the dailies SME and Dennik N, and website Aktuality as ‘enemy media’.

Promising that he is “not a dog that only barks”, Fico then warns that TV Markiza’s advertising revenue will be at risk when he instructs his people in government to both “deal with the TV financially” and to “look into Markiza’s ‘monopolist behaviour’”.

On Monday November 13, Fico then issued a press release announcing the four news organizations are not welcome at the premises of the Government Office of the Slovak Republic adding that “We will review their access and work. Until then, they are uninvited guests.”

The new government had already signalled its intent by handing the ministry of culture, together with its media portfolio, to the Slovak National Party (SNS), which calls for the dissolution of public service media while also boycotting most traditional media.

The new Slovakian government is formed by a coalition of Smer, Hlas and SNS. Hlas is a new party, led by Peter Pellegrini, a former leading Smer politician who replaced Fico as prime minister, after Fico‘s forced resignation in 2018, until Smer was defeated in the 2020 elections. SNS are seen as right wing radicals with many of their newly elected members of parliament and candidates for government posts having made their reputations as stars of the disinformation scene including pro-Russian influencers, famous for spreading hoaxes and misinformation.

The new minister of culture is Martina Šimkovičová, a former TV anchor who was fired from the mainstream TV Markíza for racist comments in 2015. The following year she was elected to parliament on an anti-migration ticket and subsequently became a superstar of the pro-Russian disinformation scene. She is one of the main figures behind the SNS call for a ‘boycott of traditional media“. SNS ignore most of the interview requests and refuse to answer questions from the independent and critical media operating outside oligarch ownership. SNS refused access to journalists from the daily Sme, Denník N and Aktuality to their post-election press conference.

SNS, with support from Smer, promises to favour the disinformation media. Several of their politicians have stated that they could give exclusive access to information for websites known for their pro-Russian propaganda, some of which were banned for a short period at the beginning of the Russian invasion of Ukraine. A Smer friendly website, Ereport, (owned by Mr. Flašík, a former Smer campaign strategist) is usually allowed to ask the first question at press conferences of the new coalition.

Even more worrying is what the government may be planning for the public service media, Rozhlas a televízia Slovenska (RTVS). In 2017, SNS leader Andrej Danko called for the replacement of public service media with ‘state media’ before his party helped orchestrate the political capture of RTVS. The new chairman of the parliamentary media and culture committee, SNS MP Roman Michelko, campaigned to dissolve RTVS altogether. He recently confirmed for Aktuality that the official programme of the new government will include the dissolution of RTVS into two separate entities, Slovak Television and Slovak Radio, as they existed before 2011. Prime Minister Fico also speculated about the future of RTVS while introducing the new minister of culture, saying, “It is hard to talk about the Slovak Television and Slovak Radio as public service, because this institution has rarely fulfilled this role.”

Journalists fear that the split of RTVS could make it easier for the political parties to establish and divide political control over public broadcasting by appointing their allies onto the board and into senior positions. MP Michelko has admitted that they might nominate members of the boards of the two new institutions that will be in line with the political values of the governing coalition.

Smer itself is a populist party with pro-Russian sympathies, feeding off anti-immigrant sentiment that campaigned to end the delivery of military help to Ukraine. Fico makes no secret of being inspired by Viktor Orbán mimicking his anti-journalist rhetoric and calls to label NGOs as ‘foreign agents’.

Fico’s attacks on journalists include calling them “idiots“, “hyenas“ and “dirty anti-Slovak prostitutes“. Fico also blamed the media for his 2018 resignation, claiming reporters had unfairly connected him and his party to the murder of journalist Ján Kuciak and his fiancé, Martina Kusnirova. One theory at the time was that Italy’s Ndrangheta mafia may have sought to silence Kuciak because he had been working on a story exploring the connections between the mafia and Fico. The investigation subsequently prosecuted Marián Kočner (twice acquitted, but awaiting the results of an appeal) for the murders. Kočner was close to the oligarch Norbert Bodor and leaked communications between the two reveal them referring to Fico as ‘the boss’. At one point Fico and Bodor were charged with forming an organized criminal group, though the charges were later dropped by the Slovak general prosecution.

One more worrying development in the Slovak media market was announced just after the election. The oligarchic group Penta, has expanded its investments in the Slovak media to take over the largest daily tabloid newspaper, Nový Čas. The deal is still under review by the competition authority, but should it go through Penta will have a near monopoly on the Slovak tabloid newspaper market. Penta has been repeatedly accused of helping the Smer and Hlas parties by using their media to campaign against their political opponents. Over the last few years, Penta media published dozens of negative articles on the police and prosecutors to discredit investigations into Smer politicians and supporters for corruption or misuse of power.

In conclusion, it is clear that Slovak journalists can expect to face increased pressure and a government averse to accountable journalism. Under the previous Smer and SNS coalition government independent journalists were cast out of the public broadcaster, while dozens of investigative journalists were put under surveillance by corrupt police officials accused of being in the pay of Norbert Bodor. Leaked communications were used to discredit journalists and the persistent verbal attacks on critical journalists by Smer and SNS politicians created an atmosphere of threats and hostility in which the murder of Jan Kuciak and Martina Kusnirova became possible.

Nearly six years after their deaths Fico’s Sunday tirade against journalists will have shocked many but surprised few. Slovak journalists are once again bracing themselves for turbulent times.

This article was authored by Peter Hanak, journalist for the Slovak news site Aktuality.sk and author of IPI’s report ‘Media Capture in Slovakia: a story of fragile pluralism, media resilience and the struggle against corruption’. It was published by IPI as part of the Media Freedom Rapid Response programme

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