Feindbild Journalist 8: Fear of self-censorship Library

Feindbild Journalist 8: Fear of self-censorship

Feindbild Journalist 8: Fear of self-censorship

In 2023, the number of physical attacks on journalists in Germany increased compared to 2022. Rising from 56 cases in 2022, 69 cases of physical attacks on journalists were verified by the European Centre for Press and Media Freedom (ECPMF) as part of the MFRR in 2023.

For more than four years, the annual number of attacks on journalists has been at a high level compared to before the coronavirus pandemic, when an average of about 23 cases per year were registered between 2015 and 2019. The assumption that the number of attacks on journalists in Germany would decrease with the marginalisation of the “Querdenker” movement and the associated decline in the number of rallies has not materialised. Patrick Peltz, co-author of the study, said:

Indeed, the number of attacks in this context is declining. However, the figures from the Feindbild studies suggest that in certain, partially overlapping milieus and the resulting common protest structures, mistrust of the media has increasingly developed into hostility towards the media, which also has an increasingly pronounced behavioural side. Hostility towards the media no longer ‘only’ manifests itself in the ‘Lügenpresse’ cries, insults and threats that have become part of journalists’ everyday lives, but also in an increased number of violent attacks on journalists over the past four years.

Berlin replaces Saxony as the frontrunner for 2023 in terms of physical attacks on journalists compared to the previous year. Although Saxony recorded 13 cases, more than in the previous year (11 cases), Berlin recorded a significantly higher figure with 25 assaults. Of the 25 cases, 21 occurred in the context of pro-Palestinian demonstrations. Bavaria follows with six cases.

Focus on local journalism: security concerns have an impact on critical reporting

In cooperation with the Federal Association of German Newspaper Publishers (BDZV), ECPMF continued to monitor threats to local journalism in 2023. Compared to the previous year, the number of physical attacks on local journalists has declined. A total of seven physical and eight non-physical attacks were registered. In 2022, the number of physical attacks was 12. Some of the local journalists who were the target of physical and non-physical attacks in 2023 were also affected in the past. It was already pointed out in the previous study that a lack of anonymity in the local area can pose a security problem for local journalists.

A closer analysis of the state of Saxony, which accounts for a third of all registered cases since 2015 (117 out of 390), also reveals a previously underexposed phenomenon: self-censorship. Local journalists who work in areas where the far-right’s territorial capture is highly pronounced and reaches into the so-called centrist part of society report that certain topics are omitted locally due to a perceived permanent threat situation. Patrick Peltz said:

Reports from local journalists that they themselves or colleagues refrain from reporting on certain actors and movements out of concern for their safety is a very worrying development for press freedom in Germany. Critical reporting is particularly important ahead of the many upcoming local, state and European elections in Saxony this year, in which numerous right-wing extremists are running. ‘Blind spots’ in reporting make it easier for these actors to present themselves as harmless and benevolent candidates and thus attract the attention of people who feel neglected by the established parties.

It is important to further examine how pronounced the phenomenon of self-censorship already is and to what extent these reports can be generalized to other regions in Saxony and other federal states where the far-right capture of territory is also pronounced and a corresponding electoral milieu is very dominant.

 

Focus on countermeasures

Journalists, associations, media companies and many state institutions have developed countermeasures in response to the increased threats of recent years. In some cases, learning effects can be observed. While an increasing number of media houses offer their employees psychological counselling services, associations and organisations continuously initiate new support offerings, such as last year’s Helpline project. Police media protection has also tended to improve overall, although its quality can vary greatly. The committees of the Conference of Interior Ministers continue to advocate a new version of the Code of Conduct for Police and Media. Time and again, journalists report cases in which they were not adequately protected or were themselves the target of police measures. Overall, there is still a considerable need to improve existing services and create further ones. Alina Haynert, co-author of the study, said: 

Even though we are seeing improvements in many areas – both from the state and non-state side – there are still significant gaps in protection and support. These affect freelance journalists in particular, who often do not seem to benefit from the protection structures of media houses. At the same time, they are disproportionately affected by physical attacks.

Feindbild Journalist 8: Fear of self-censorship

Key findings

  • Attacks increased again: With 69 attacks, the number of cases is on the rise again.
  • Demonstrations – the most dangerous workplace: 77 percent of all cases occurred at demonstrations (53 out of 69 cases), 40 percent of them at pro-Palestinian assemblies (21 out of 53 cases).
  • Precarious employment relationships: At least 59 percent of cases involved a freelance employment relationship (41 out of 69 cases).
  • Local assaults: Seven physical and eight non-physical attacks on local journalists.
  • Saxony – hotspot of far-right violence: 79 percent of attacks against media professionals since 2015 have come from the far-right spectrum (92 out of 117 cases).
  • “Blind spots” in Saxony: In Saxony, there are signs of self-censorship and an increasing lack of reporting as a result of the extreme far-right capture of territory.
  • Focus on Berlin: Berlin is the most affected federal state with 25 cases.
  • Overall view 2015-2023: ECPMF documented 390 cases.

This report was coordinated by the European Centre for Press and Media Freedom (ECPMF) 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.

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Media freedom report Romania Library

Mission Report: Media Freedom in Romania Ahead of Super…

Mission Report: Media Freedom in Romania Ahead of Super Election Year

Amidst Romania’s super election year, the Media Freedom Rapid Response (MFRR) partners unveil their latest mission report, delving into the pressing issues surrounding media freedom in the country. To engage on this crucial topic, join our webinar today, 4 April, at 2 PM CET.

Romania faces a year of intense political campaigning as the country organises European and local elections in June, presidential elections in September and parliamentary elections in December.

 

It is during elections that journalists face their greatest test. They must resist political pressure to report on political leaders, their programmes and their records in office to ensure the public can make informed decisions. They will come under the most intense scrutiny for signs of bias and the greatest pressure to exercise bias. Their ability to successfully exercise the journalistic mission will be crucial for ensuring free and fair elections.

 

Against this backdrop, the report offers a comprehensive examination of Romania’s media landscape through the lenses of media capture, legal obstacles, and journalists’ safety. It exposes the pervasive influence of political funds on media, advocating for strict limits on expenditure and the implementation of EU regulations on political advertising. Furthermore, it sheds light on the alarming trend of vexatious lawsuits targeting journalists, and the rising tide of online harassment facing them and their sources.

 

This report, produced by MFRR partners, underscores our collective commitment to defending press freedom and fostering an independent media ecosystem during a super electoral year, in Romania and beyond.

 

To engage with these crucial issues, the MFRR coalition partners will host a webinar on 4 April at 2 PM CET, providing a platform for stakeholders to delve into the findings and recommendations. Journalists, policymakers, civil society actors, and concerned citizens are encouraged to join this dialogue on media freedom in Romania.

This mission report 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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Library

Report Launch: Bosnia and Herzegovina: Media Freedom in Survival…

Report Launch: Bosnia and Herzegovina: Media Freedom in Survival Mode

Today the partner organisations of the Media Freedom Rapid Response (MFRR) launch their report from a recent international press freedom fact-finding mission to Bosnia and Herzegovina. 

In its report published in November 2023, the European Commission expressed concerns about the key priority of freedom of expression, freedom of the media, as well as the protection of journalists in Bosnia and Herzegovina. It points out a “backsliding” in media freedom, noting that legislative and political pressure have increased and intimidation and harassment towards journalists continued without appropriate institutional follow-up.

 

The international press freedom mission to Bosnia and Herzegovina in September 2023 broadly confirmed these observations. Overall, journalists in the country continue to operate in a suffocating environment and poor working conditions. The situation is particularly alarming in Republika Srpska (RS), Bosnia’s Serb entity, where President Milorad Dodik is steadily tightening the screws on independent media, using hostile rhetoric to denigrate journalists and stigmatise critical reporting.

 

What prompted the mission to Bosnia and Herzegovina was the reintroduction of criminal penalties for defamation in August 2023 in Republika Srpska, which caused an outcry among media freedom and journalists’ organisations. More problematic legislation was discussed in RS around the same time, including the so-called “foreign agent” law and a media law, although the content of the latter is yet to be revealed.

 

Meanwhile in the Sarajevo canton, a proposal of a regulation that would allow sanctions for the dissemination of “fake news” is currently pending. The ongoing financial crisis in the country’s public service broadcasters was also closely scrutinised.

 

These issues were discussed in detail with the MFRR partners and the different stakeholders met during the delegation’s visit to Bosnia and Herzegovina. This report presents the main findings of the mission in three key areas: the legislative initiatives, the safety of journalists, and the
public service media. It then outlines a set of recommendations to national and entity level authorities and the international community.

 

The mission was composed of ARTICLE 19 Europe, the European Federation of Journalists (EFJ), Free Press Unlimited (FPU), the International Press Institute (IPI), the Osservatorio Balcani Caucaso Transeuropa (OBCT), as well as South East Europe Media Organisation (SEEMO) and was supported by the journalists’ association BH Journalist Association. The delegation started its visit in Banja Luka on 22-23 October 2023 before travelling to Sarajevo on 23-24 October.

This mission 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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Library

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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Library

Report Launch – Relocation of Journalists in Distress in…

Relocation of Journalists in Distress in the European Union

Today, the partner organisations of the Media Freedom Rapid Response (MFRR) launch their report “Relocation of journalists in distress in the European Union: Emergency visa mechanisms in the Czech Republic, France, Germany, Lithuania, the Netherlands and Poland.”

Uncovering the truth is dangerous and can put journalists and media workers at serious risk. When a journalist finds him- or herself in danger because someone wants to keep the public in the dark, a situation can occur where the only way to safety is to seek refuge in another country. However, restrictive asylum and visa policies all too often hamper the pathways to international protection.

 

In this light, the latest MFRR report aims to contribute to a better understanding of six pioneering relocation mechanisms for journalists in distress within the European Union. It reflects the learnings of a thematic fact-finding mission organised in May and June 2023 by Free Press Unlimited (FPU) and the European Centre for Press and Media Freedom (ECPMF) as part of the MFRR. The report examines existing schemes in the Czech Republic, France, Germany, Lithuania, the Netherlands and Poland, revealing salient differences and similarities in the scope and features of the responses.

This report was coordinated by Free Press Unlimited (FPU) and the European Centre for Press and Media Freedom (ECPMF) 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. 

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Library

Media freedom at a crossroads: Journalism in Poland faces…

Media freedom at a crossroads: Journalism in Poland faces uncertain future ahead of election

The Media Freedom Rapid Response today issued its report “Media Freedom at a crossroads: Journalism in Poland faces uncertain future ahead of election” following its mission to Warsaw on 11 – 13 September. 

The report explores how media capture and the widespread use of vexatious lawsuits have been used to create a hostile climate for independent journalism that weakens media’s ability to contribute to free and fair elections.  

Key findings include: 

  • The public media have been fully converted into a propaganda arm of the ruling party.
  • The National Broadcasting Council, KRRiT, has abused its licensing powers to create business uncertainty and is applying arbitrary financial penalties to impose fear and self-censorship in newsrooms.
  • Media pluralism was compromised when, in 2021, the state-controlled oil company, PKN Orlen, took over the largest regional media company, Polska Press. The subsequent editorial purge and shift in editorial lines to favour the ruling party ahead of upcoming elections makes it one of the most flagrant examples of media capture in Europe.
  • State advertising has been weaponised by the government to fund favourable media outlets and undermine independent journalism which exacerbates the financial pressure on media.
  • Polish media are subjected to one of the largest number of vexatious lawsuits, or SLAPPs, in the European Union. Most are initiated by ruling party politicians, state companies, and public institutions and therefore financed by public money.
  • While Polish media have proved resilient thanks to the presence of foreign owners, the hostile economic climate may force many to withdraw. Such a move is likely to have a devastating impact on media pluralism.
  • The overwhelming majority of commentators met by the mission expressed deep concern that the country was at a crossroads and that four more years of the current policy would accelerate media capture and push Poland down the path to emulating the media environment in Hungary, Turkey, or Russia.

The mission was organised by the Media Freedom Rapid Response (MFRR). The delegation comprised of representatives of ARTICLE 19 Europe, the European Centre for Press and Media Freedom (ECPMF), the European Federation of Journalists (EFJ), Free Press Unlimited (FPU), and International Press Institute (IPI). The mission took place in Warsaw between 11 – 13 September and met with a wide range of editors, journalists, regulators, civil society groups, lawyers, the Office of the Commissioner for Human Rights, and the Ministry of Culture. 

A Polish language translation of the report will be published shortly.

Press contacts

ENG: Jordan Higgins (jordan.higgins@ecpmf.eu)

POL: Katia Mierzejewska (katiamierzejewska@article19.org)

This mission report 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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Library

Report Launch: Relocation of journalists in distress in the…

Report Launch: Relocation of journalists in distress in the European Union

Uncovering the truth is dangerous and can put journalists and media workers at serious risk. When a journalist finds him- or herself in danger because someone wants to keep the public in the dark, a situation can occur where the only way to safety is to seek refuge in another country. However, restrictive asylum and visa policies all too often hamper the pathways to international protection.

On October 9th 10:30-11:30 CEST, the Media Freedom Rapid Response (MFRR) will present the findings of a thematic fact-finding mission organised earlier this year, which aims to contribute to a better understanding of six pioneering relocation mechanisms for journalists in distress within the European Union. For this purpose, the MFRR partners examined existing schemes in the Czech Republic, France, Germany, Lithuania, the Netherlands and Poland, revealing salient differences and similarities in the scope and features of the responses.

Join us at the Czech Permanent Representation in Brussels or online for the report launch. The Czech mission to Brussels will host the conference. The Deputy Head of the Czech Permanent Representation to the EU Permanent Representative to the Political and Security Committee Ambassador Jitka Látal Znamenáčková will open the presentation. Professor Can Yeğinsu will then discuss the idea of emergency visa for journalists, which he developed as part of the High Level Panel of Legal Experts of the Media Freedom Coalition. Further, in a panel discussion, a journalist in exile will discuss their situation and path to obtain the emergency visa in an EU Member State. Lastly, the report’s authors will present key findings, conclusions and recommendations, and there will be time for a Q&A session.

This mission 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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Media capture Slovakia Library

Slovakia: A story of fragile pluralism, media resilience and…

Slovakia: A story of fragile pluralism, media resilience and the struggle against corruption

As part of the MFRR, the International Press Institute (IPI) today published the new report ‘Media Capture in Slovakia: A story of fragile pluralism, media resilience and the struggle against corruption’.

The report, authored by Peter Hanák, explores the extent of media capture in Slovakia.

Overall, the report finds that media pluralism remains relatively strong compared with Slovakia’s neighbours in the Visegrád region.  While the power of media oligarchs in the country remains problematic, there is a resilient independent media sector.

Nevertheless, a number of challenges exist that require both vigilance and reforms. Examples of the instrumentalization of media abound in particular as politicians and oligarchs have used media over which they have influence to discredit critical journalism and undermine efforts to prosecute the high levels of corruption exposed following the murder of investigative journalist Ján Kuciak and his fiancée, Martina Kusnirova, in 2018.

Though the public broadcaster, RTV Slovakia, currently enjoys relatively low levels of political pressure, it has a history of vulnerability to political interference and securing its stability and independence should be a priority. The failure of the government to depoliticize the appointments process and to finalise reforms over its financing leaves it highly vulnerable to political capture in the future.

Media regulators, while enjoying a level of relative pluralism in part due to Slovakia’s fragmented political landscape, still suffer from a political  appointments process that affects the perceived levels of impartiality and professionalism of these bodies. Reforming the appointments process to prioritize criteria of professional expertise and political independence would greatly enhance the capacity and legitimacy of these bodies.

The distribution of state advertising remains highly vulnerable to abuse by politicians seeking to reward political allies in the media. This risk can be addressed by bolstering transparency and introducing rules that ensure all distribution decisions are based on objective, proportionate and non-discriminatory criteria.

Recent reforms to bolster independent journalism and press freedom have helped produce progress on safety and source protection, and by many measures the media is in good shape. However, vigilance and further reforms are required to shore up the country’s defenses against media capture to strengthen the independent press, and the report makes a number of recommendations to this end. With elections due in September there is fear that the progress made in recent years may be rapidly unwound. Moreover, while not directly related to media capture, the continued impunity for the masterminds of the murder of Kuciak and Kusnirova continues to cast a shadow over journalism in the country.

The report was commissioned as part of IPI’s series of reports into media capture in Central and Eastern Europe, which involves the capture of once-independent media houses by vested political or business interests, which collude to control the narrative and serve their own political and financial ends.In return for state advertising funds and lucrative contracts in other industries, governments and oligarchs find mutual benefits in media offering positive, compliant coverage. This stealth-like takeover of news media by oligarchic owners working with state authorities in many central and eastern European countries has severely distorted the free flow of information and eroded media pluralism, with deeply damaging effects on democracy.

For more information on IPI’s work on media capture in Europe please follow this link.

The report was published with the support of the Friedrich Naumann Foundation and as part of IPI’s programme of work in the Media Freedom Rapid Response (MFRR), a project which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.  MFRR is supported by funding from the European Commission.

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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mission to Turkey Library

Media Freedom on the Line as Turkey Approaches Elections

Media Freedom on the Line as Turkey Approaches Elections

As Turkey prepares for presidential and parliamentary elections, press freedom and human rights groups demand that, whoever forms the next government, unwinding a decade of restrictions on media freedom must be a central priority for the country.

 

Turkish translation available here.

The extent of the media freedom crisis facing Turkey is outlined in the International Press Institute’s (IPI) report ‘Turkey: Throttling the Media in Crucial Election Year’ to be presented on World Press Freedom Day, 2023. The report is based on the results of the international media freedom mission led by IPI in October 2022. 

 

According to the report: Turkey’s journalists are facing a perfect storm of physical, judicial and regulatory threats designed to silence independent reporting and muzzle public debate.

 

The passing of the disinformation law in 2022 was the latest effort to bring the digital space to heel and ensure the social media platforms either submit to a role as conduits for government censorship, or resist and risk enormous financial penalties and ultimately their closure. 

 

Media regulators continue to fine broadcasters for critical programming and the courts continue the prosecution of journalists. Meanwhile a febrile atmosphere generated by political hostility to journalists, backed by a police force that beats up journalists with impunity, has created a tinderbox that could ignite into violence and further suppression at any moment.

 

In the months since the mission, journalists have been fearful of falling foul of the disinformation law which criminalizes ‘disinformation and fake news’ which is loosely defined as news intended to instigate fear, panic, endanger the security, public order or the health of society. The law establishes a framework for extensive censorship of online information and the criminalization of journalists.   While we are aware of only a handful of cases where the law has been cited when detaining individual journalists to date, it provided the legal basis for the unprecedented throttling of Twitter in February which the government initially justified as necessary to stop the spread of fake news following the earthquake. Public reaction forced the government into a swift U-turn. 

 

We call on the new government to immediately abolish the disinformation law.

 

During 2023 the broadcast regulator, RTÜK, has continued to issue fines against independent broadcasters on an almost monthly basis for criticizing the government. This evidence reinforced the mission report’s conclusions that the regulator has been weaponized to silence legitimate criticism and that this crucially undermines the electoral process. 

 

We call on the new government to ensure that all media regulators are fully independent of government and that they operate without prejudice and in full respect of media freedom. 

 

In the year since May 3, 2022 the Mapping Media Freedom database records 34 physical assaults on at least 72 journalists. This unacceptably high level of violence reinforces concerns expressed in the report about prosecutors’ failures to adequately punish those who perpetrate violence against journalists including the lack of accountability for police officers who assault journalists. 

 

We call on the new government to reform the judicial authorities’ approach towards journalists’ safety.

 

The April 25 dawn raids on Kurdish media which saw first the detention of at least 10 journalists of which five have since been charged with membership of an illegal organization, underline the relentless suppression faced by Kurdish journalists. The report records the mission’s meeting in Diyarbakir with journalists to discuss their plight following similar raids in June 2022 that saw the arrests of 20 journalists. 

 

We call on the new government to end the decades-long suppression of Kurdish journalism. 

 

The mission met with representatives of the Constitutional Court which has issued some important rulings including the August 2022 ruling that the arbitrary and consecutive bans on public advertising in independent newspapers by the Press Advertising Agency (BIK) violated freedom of expression and press freedom. However, there remain major challenges on the implementation of its rulings by lower courts and the delays in addressing important freedom of expression violations underscoring that justice delayed is justice denied. 

 

We call on the new government to reinforce the independence and capacity of the Constitutional Court to pursue and speed up justice for journalists and ensure its rulings, and those of the European Court of Human Rights are followed by the lower courts. 

 

The mission report further notes how, under the conditions, the survival of Turkey’s journalism can be attributed to some incredible and courageous individuals dedicated to their journalistic mission, backed by networks of journalists’ organizations, nationally and internationally, ready to support their members and colleagues wherever possible. It is also a result of a public thirst for independent reliable news that cannot be quenched. Turkey’s journalists still have a pivotal role to play in this election year and the building of a strong democratic society to come.

 

The mission was led by the International Press Institute (IPI) and included ARTICLE 19, the Committee to Protect Journalists (CPJ), the European Centre for Press and Media Freedom (ECPMF), Reporters Without Borders (RSF), Osservatorio Balcani Caucaso Transeuropea (OBCT) and Amnesty International Turkey (AI). It was organized as part of the Media Freedom Rapid Response (MFRR) programme. 

Signed by:

  • Amnesty International
  • International Press Institute (IPI)
  • European Centre for Press and Media Freedom (ECPMF)
  • Committee to Protect Journalists (CPJ)
  • Osservatorio Balcani Caucaso Transeuropa (OBCT)
  • Reporters Without Borders (RSF)
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Türkiye’de Seçimler Yaklaşırken Basın Özgürlüğü Tehlikede

Türkiye yaklaşan cumhurbaşkanlığı ve meclis seçimlerine hazırlanırken, medya özgürlüğü ve insan hakları kuruluşları; seçimin ardından iş başına gelecek hükümeti kim kurarsa kursun, medya özgürlüğü üzerindeki on yıllık kısıtlamaların kaldırılmasının ülke için temel bir öncelik olmasını talep ediyor. 

Türkiye’nin karşı karşıya olduğu medya özgürlüğü krizinin boyutları Uluslararası Basın Enstitüsü’nün (IPI) Dünya Basın Özgürlüğü Günü 2023 kapsamında sunulacak olan ‘Türkiye: Kritik Seçim Yılında Medyaya Yönelik Kısıtlamalar’ başlıklı raporunda özetlenmiştir. Rapor, Ekim 2022’de IPI öncülüğünde yürütülen medya özgürlüğü uluslararası misyonunun sonuçlarına dayanmaktadır.

Rapora göre: Türkiye’deki gazeteciler, bağımsız haberciliği susturmak ve kamusal tartışmayı sessizleştirmek için tasarlanmış fiziksel, yargısal ve mevzuata dayalı tehditlerden oluşan mükemmel bir fırtınayla karşı karşıyadır.

Ekim 2022’de kabul edilen ve sosyal medya mecralarını hükümet sansürü için bir aygıt haline gelerek boyun eğme ya da direnerek yüksek para cezaları ile karşı karşıya kalma ve nihayetinde kapatılma riskini göze alma seçeneklerine zorlayan Dezenformasyon Yasası, dijital alanı boyun eğmeye zorlama amacıyla meclise getirilen en son girişimdi. 

Medya düzenleyicileri eleştirel programlar nedeniyle yayıncılara ceza kesmeye, mahkemeler de gazetecileri yargılamaya devam ediyor. Bu arada, gazetecilere cezasızlık zırhı altında fiziksel şiddet uygulayan bir polis gücü tarafından desteklenen, gazetecilere yönelik siyasi düşmanlığın yarattığı gergin ortam, her an şiddete ve daha fazla baskıya dönüşebilecek bir yangın yeri yaratmış durumda.

2022 yılının sonunda gerçekleştirilen misyondan bu yana gazeteciler; korku, panik yaratma, toplumun güvenliğini, kamu düzenini veya sağlığını tehlikeye atma amaçlı haberler olarak muğlak bir şekilde tanımlanan ‘dezenformasyon ve yalan haberleri’ suç sayan dezenformasyon yasasının radarına takılmaktan çekindiler. Yasa, çevrimiçi bilginin kapsamlı bir şekilde sansürlenmesi ve gazetecilerin kriminalize edilmesi için bir çerçeve oluşturmaktadır. Bugüne kadar bireysel olarak habercilerin gözaltına alınması sırasında bu yasaya atıfta bulunulduğu sadece birkaç vaka gözlemlense de, yasa Şubat ayında Twitter’ın eşi benzeri görülmemiş bir şekilde kısıtlanmasına yasal dayanak sağlamış ve hükümet başlangıçta depremin ardından yalan haberlerin yayılmasını durdurmak için gerekli olduğu gerekçesini öne sürmüştür. Ancak kamuoyundan gelen yoğun tepki hükümeti bu konuda keskin bir U dönüşüne zorlamıştır. 

Yeni hükümeti, dezenformasyon yasasını derhal yürürlükten kaldırmaya çağırıyoruz.

2023 yılı boyunca yayın düzenleyicisi RTÜK, hükümeti eleştirdikleri gerekçesiyle bağımsız yayıncılara neredeyse her ay ceza kesmeye devam etmiştir. Bu kanıtlar, misyon raporunun, düzenleyici kurumun meşru eleştirileri susturmak için güçlü bir araç olarak kullanıldığı ve bunun seçim sürecini önemli ölçüde baltaladığı yönündeki sonuçlarını desteklemiştir. 

Yeni hükümeti, tüm medya düzenleyicilerinin hükümetten tamamen bağımsız olmalarını, medya özgürlüğüne tam saygı çerçevesinde ve önyargısız faaliyet göstermelerini sağlamaya çağırıyoruz. 

Mapping Media Freedom veritabanı 3 Mayıs 2022’den bu yana geçen bir yıl içinde en az 72 gazeteciye yönelik 34 fiziksel saldırı vakası kaydetmiştir. Kabul edilemez düzeydeki şiddet vakaları, gazetecilere saldıran polis memurlarının hesap verebilirliğinin olmaması da dahil olmak üzere, savcıların gazetecilere karşı şiddet uygulayanları uygun şekilde cezalandırmadaki başarısızlıklarına ilişkin raporda dile getirilen endişeleri güçlendirmektedir. 

Yeni hükümeti, adli makamların gazetecilerin güvenliğine yönelik yaklaşımında reform yapmaya çağırıyoruz.

25 Nisan’da Kürt medyasına yönelik şafak baskınlarında ilk etapta en az 10 gazetecinin gözaltına alınması ve bunlardan beşinin örgüt üyeliğiyle suçlanması, Kürt gazetecilerin karşı karşıya kaldığı amansız baskıyı gözler önüne sermektedir. Rapor, misyonun Haziran 2022’de 20 gazetecinin gözaltına alındığı benzer baskınların ardından gazetecilerin durumunu görüşmek üzere Diyarbakır’da gazetecilerle bir araya geldiğini de hatırlatmaktadır. 

Yeni hükümeti, Kürt medyasına yönelik on yıllardır süren baskılara son vermeye çağırıyoruz. 

Heyet, Basın İlan Kurumu’nun (BİK) bağımsız gazetelerdeki kamu reklamlarını keyfi ve art arda yasaklamasının ifade ve basın özgürlüğünü ihlal ettiğine dair Ağustos 2022 tarihli kararı da dahil olmak üzere bazı önemli kararlar veren Anayasa Mahkemesi temsilcileriyle bir araya geldi. Bununla birlikte, kararların alt mahkemeler tarafından uygulanmasına ilişkin büyük zorluklar devam etmekte ve önemli ifade hürriyeti ihlallerinin ele alınmasındaki gecikmeler, ‘geciken adalet, adalet değildir’ sözünü akıllara getirmektedir. 

Yeni hükümeti, gazeteciler için adaleti yakından takip etmek ve hızlandırmak üzere Anayasa Mahkemesinin bağımsızlığını ve kapasitesini güçlendirmeye ve bu mahkemenin ve Avrupa İnsan Hakları Mahkemesinin kararlarının alt mahkemeler tarafından takip edilmesini sağlamaya çağırıyoruz. 

Raporda ayrıca, mevcut koşullar altında Türkiye’de gazeteciliğin, kendini gazetecilik misyonuna adamış, ulusal ve uluslararası gazetecilik meslek örgütleri ağları tarafından desteklenen ve mümkün olan her yerde üyelerini ve meslektaşlarını desteklemeye hazır olan cesur ve özverili bireyler sayesinde ayakta kalabildiği belirtilmektedir. Bu aynı zamanda kamuoyunun bağımsız ve güvenilir haberlere olan yoğun ihtiyacının da bir sonucudur. Gazetecilerin Türkiye’deki bu seçim yılında ve gelecekte güçlü ve demokratik bir toplumun inşasında oynayacakları çok önemli bir rol vardır.

Uluslararası Basın Enstitüsü (IPI) öncülüğündeki heyette ARTICLE 19, Gazetecileri Koruma Komitesi (CPJ), Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF), Sınır Tanımayan Gazeteciler (RSF), Osservatorio Balcani Caucaso Transeuropea (OBCT) ve Uluslararası Af Örgütü Türkiye (AI) yer almıştır. Bu misyon, Medya Özgürlüğü Acil Müdahale (MFRR) programının bir parçası olarak düzenlenmiştir. 

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Library

Tackling Impunity: Lessons from the Public Inquiry into the…

Tackling Impunity: Lessons from the Public Inquiry into the Assassination of Daphne Caruana Galizia

The murder of investigative journalist Daphne Caruana Galizia sent shockwaves across Europe and was a grim reminder of the risk reporters face while uncovering abuses of power. It was the first assassination of a journalist worldwide to be investigated through an independent Public Inquiry. To mark one year since the damning findings were unveiled, ARTICLE 19 Europe and The Daphne Caruana Galizia Foundation today publish a report that explores the efficacy of the Maltese Public Inquiry model, assessing whether it stands up as good practice.

The Public Inquiry into the circumstances of Daphne Caruana Galizia’s assassination was the first Public Inquiry to have taken place in Malta in nearly 20 years. It followed a strong public demand for a strengthened capacity to tackle corruption and wider rule-of-law reforms. The research from ARTICLE 19 Europe and The Daphne Caruana Galizia Foundation, ‘Tackling Impunity: Lessons from the Public Inquiry into the Assassination of Daphne Caruana Galizia’, assesses the significance of the Maltese Public Inquiry in the fight for truth, accountability and justice for Daphne’s assassination and the vital role civil society and international organisations play in ensuring an independent investigation is carried out. In addition, the report identifies lessons that can be learned from the Public Inquiry process so far, summarises its key achievements, and makes recommendations to the Government of Malta, to European Union institutions, and to international civil society.

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

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