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Media Freedom Mission to Romania questions fairness of electoral…

Media Freedom Mission to Romania questions fairness of electoral coverage

Urgent reform of political funding for ‘press and propaganda’ needed to end media dependency on political parties

 

Members of the Media Freedom Rapid Response (MFRR), after completing a mission to Bucharest, concluded that much of the media coverage of Romania’s electoral campaigns is seriously compromised by political capture and that media are failing to provide the fair and balanced political reporting necessary for the public to make informed electoral choices.

Romania also boasts some highly professional media outlets providing excellent political coverage. Those that do, either refuse political funds completely, or ensure that when they do accept them, the content is clearly marked and fully transparent.

 

The MFRR’s two-day mission to Romania, 17-18 June, was held just one week after the European and local elections had been held. With presidential elections due in September and parliamentary elections in December this year, the MFRR calls for an urgent reform of the system of party funding to remove political money from the media system.

 

Any political expenditure that does exist must be restricted to clearly marked political advertising, with full disclosure of the budgets spent by each political party for each media. The overall level of state subsidies used for ‘press and propaganda’ must also be reduced.

 

The provision of annual state funding to political parties which are then used to pay media for ‘press and propaganda’ content is, currently, the biggest instrument of political capture of the Romanian media. The huge income it provides for media distorts political reporting creating an unfair electoral playing field. The sums used have risen rapidly in recent years with approximately 24 million euros in 2023 and with this set to rise significantly in 2024.

 

The problem is exacerbated by a lack of transparency over which parties fund which media, how much they fund and for what media content. Political parties are required to report their expenditure to the Permanent Electoral Authority on a monthly basis. While the PEA issued more detailed reports during the 2024 local and European campaign periods, which makes more transparent how much is spent in which media by which party, outside of the official campaign none of this detail is made public.

 

The mission’s key findings

 

Political Influence and Media Coverage:

  • The pervasive influence of political party funds on media results in biassed coverage primarily in favour of the governing coalition.
  • The political funding creates a pliant media that fails to hold government to account and undermines public trust in media.
  • The lack of transparency over the distribution of state advertising funds controlled by elected officials, further exacerbates the capture of media, particularly at the regional and local level.
  • The lack of transparency over other sources of funding, business ties and other conflicts of interests between media and politicians also compromise the capacity of media to serve the public.

 

Vexatious SLAPP Lawsuits:

  • Romanian media are targeted with an alarming number of Strategic Lawsuits Against Public Participation (SLAPPs) aimed at silencing investigative journalism and critical reporting. These lawsuits, often initiated by powerful political figures and business interests, rarely win in court, but instead succeed in intimidating and financially draining media outlets.

 

Safety:

  • Online harassment and threats directed at journalists – particularly women journalists – create a growing climate of hostility designed to silence journalists. The authorities must do more to address this problem and protect journalists, particularly from online trolling and smear campaigns.

For the full mission set of findings and recommendations, see annex below.

 

The mission called for the government to swiftly implement new Europe-wide rules designed to improve media freedom including the European Media Freedom Act, the Anti-SLAPP Directive and the  Regulation on the Transparency of Political Advertising as well as the European Commission’s recommendations on the safety of journalists. The EMFA, in particular, introduces new rules on transparency of ownership, conflicts of interest and the receipt and distribution of state advertising to media.

 

The mission welcomed commitments by the Ministry of Justice and the General Prosecutor to support training programmes for judges, prosecutors and policemen on SLAPPs, protection of sources and the safety of journalists.

 

The mission welcomed the High Court’s decision to instruct the re-opening of the investigation into possible political interference in the investigation into the smear campaign against investigative journalist, Emilia Sercan. The mission also welcomed the General Prosecutor’s assurances that Sercan’s case will be overseen by a highly competent and fully independent prosecutor with the resources to resolve the case before the end of the statute of limitations.

 

The mission also called for closer co-operation between the broadcast regulator (CNA) and the Permanent Electoral Authority (PEA) in verifying the expenditure of political funds in media to ensure its use does not breach either the electoral or broadcast law.

 

Finally the mission called on the parliamentary committees for mass media to conduct a public inquiry into the role of political funds and its impact on media independence and electoral fairness.

 

The mission confirmed findings set out by MFRR partners in their April report, Media freedom in Romania Ahead of Super Election Year.

 

The mission held meetings with Iulian Bulai, Chair of the Parliamentary Committee for Culture, Arts and Mass Information Means of the Chamber of Deputies; Alex Florin Florența, General Prosecutor; Mihai Pașca, Secretary of State for the Ministry of Justice; the Romanian Institute for Human Rights (IRDO);  Dan Santa, Director of International Relations at Radio Romania; Constantin Rada, General Director at the Permanent Electoral Authority; Valentin Alexandru Jucan, Vice President of the National Audiovisual Council (CNA) and Mircea Toma, member of CNA and Council of Europe focal point for the safety of Journalists in Romania; and Renate Weber, Ombudsperson. The mission further met with leading journalists and media freedom groups, in a debate hosted by the Centre  for Independent Journalism.

 

The mission was led by the International Press Institute and included the Osservatorio Balcani e Caucaso Transeuropa (OBCT), European Centre for Press and Media Freedom, Free Press Unlimited and the Romanian media freedom organisation, ActiveWatch.

 

The MFRR is particularly thankful for the support of the Centre for Independent Journalism and of ActiveWatch in organizing the mission.

 

Annex

Key Findings

Media Capture and Electoral Coverage 

 

  • Romanian elections are compromised by the political capture of mainstream media, primarily through the use of political party funds expenditure on ‘press and propaganda’. 
  • The main political parties spent in 2023 over 24 million euros on press and propaganda funds and this figure is set to rise significantly in 2024.
  • While the election campaign rules provide for detailed reports of all political party expenditure, which were made more transparent by the Permanent Electoral Authority (PEA) during the June 2024 electoral campaigns, the detail of expenditure between campaigns is withheld.
  • There is considerable evidence, unveiled by investigative journalists, of political funds being illegitimately used to buy media coverage between election periods, in breach of the legislation on financing the activity of political parties and electoral campaigns and broadcast laws.
  • Public funds are being spent by political parties on media content which is not properly marked, making it often impossible for audiences to distinguish between journalistic and paid-for content.

 

    • The lack of transparency over the distribution of state funds controlled by elected officials, means that this is also likely to further exacerbate the capture of media, particularly at the regional and local level.

 

  • There is no obligation on either political candidates, or media, to make public any conflicts of interest such as candidates ownership, or influence over media, further compromising the fairness of electoral campaigns. 
  • This has resulted in a distortion of the electoral coverage as parts of the mainstream national and local media provide pliant coverage of the big political parties and hostile coverage of other political candidates.
  • While the problem is particularly acute during elections, political money has become embedded in the media system creating an unhealthy interdependency between the media and political parties throughout the political cycle.
  • The electoral and media regulators and political parties have a democratic duty to ensure full transparency over their use of public, and private, political funds spent on media.
  • There is an equal obligation on the media companies to declare all sums received from political sources and to clearly label the content that has been paid for.
  • The problem is further exacerbated by a public broadcaster which lacks the independence to be able to hold government to account and is in urgent need of reform.

 

Media Capture Recommendations

Romania must prioritise the fight against media capture including the following actions:

  • The parliamentary committees for mass media, should organise a public inquiry into the impact of political money on media independence and electoral fairness.
  • Closer co-operation between the broadcast regulator (CNA) and the Permanent Electoral Authority (PEA) in verifying the expenditure of political funds in media to ensure its use does not breach either the electoral or broadcast law. If necessary, the regulatory framework should be changed to guarantee the role of CNA in verifying the use of political funds.
  • The obligations of the European Media Freedom Act should be swiftly implemented, particularly those related to media capture including independence of public service media, transparency of ownership and conflicts of interest, regulatory independence, guarantees of media pluralism and fair distribution of state advertising.
  • The Regulation on Political Advertising should also be swiftly implemented to ensure fully transparent labelling of all political advertising in the media and online.

 

Legal Obstacles

Strategic Lawsuits Against Public Participation (SLAPPs)

  • Romanian media are targeted with an alarming number of Strategic Lawsuits Against Public Participation (SLAPPs) aimed at silencing investigative journalism and critical reporting. These lawsuits, often initiated by powerful political figures and business interests, rarely win in court, but instead succeed in intimidating and financially draining media outlets.

Freedom of Information

Protection of Sources

  • Courts and the police have pressured journalists to reveal their sources against the provisions and case law of Article 10 of the European Court of Human Rights.

Legal Obstacles: Recommendations

  • Journalists and media support groups must do more to document and raise awareness about the threats posed by SLAPPs to the media’s ability to hold the powerful to account.
  • The government has an opportunity to reduce the threat of SLAPPs by ensuring that the European Union’s Anti-Slapp Directive is fully transposed into law and that the measures are extended to include domestic SLAPP cases as well as cross-border cases.
  • The Freedom of Information law must be fully implemented with clear consequences for individuals or institutions that are found by courts to have deliberately withheld information in breach of the law.
  • The rules and procedures for authorising surveillance of journalists must be updated to come into line with Article 4 of the European Media Freedom Act and of the ECHR which provide extensive safeguards against abuse of surveillance to target journalists.
  • Training should be provided to prosecutors and judges on SLAPP cases and the protection of sources and the protections offered by the European Convention of Human Rights.

 

Safety and protection of journalists

  • Online harassment and threats directed at journalists – particularly women journalists – create a growing climate of hostility designed to silence journalists. The authorities must do more to address this problem and protect journalists, particularly from online trolling and smear campaigns.
  • The mission welcomed the High Court’s decision to instruct the re-opening of the investigation of possible political interference in the investigation into the smear campaign against investigative journalist, Emilia Sercan.

Recommendations on the safety and protection of journalists

  • The General Prosecutor should organise a regular dialogue with journalists on how to reduce crimes against journalists. This should include trainings with the police and prosecutors on how to protect journalists from growing online and offline threats.
  • The new Prosecutor to be appointed to Emilia Sercan’s case must be highly competent,  fully independent and provided  with the resources to resolve the case before the end of the statute of limitations.

 

Local Journalism

  • Local journalists have seen a steep decline in professional standards, independence and public trust due in most part to the financial dependence – of the majority of local media to state and political advertising funds, enabling local politicians to buy the silence and loyalty of media. Furthermore, local journalists are far more vulnerable to vexatious lawsuits, threats and intimidation where political elites are able to apply influence on the judiciary, police and business communities with comparative ease.

Recommendations Local Journalism

 

  • The local government advertising budgets must be depoliticised to end the political capture of local media and ensure the fair distribution of funds. The rules for distribution and transparency outlined in the EMFA should apply to all local governments regardless of size. 
  • Action should be taken to ensure the professional development of journalists,  the promotion of sustainable business models, and the expansion of community  audiences that help guarantee their independence and integrity.

Signed by:

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

 

Text updated on 27 June 2024

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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Romania: Super election year calls for press freedom assessment

Romania: Super election year calls for press freedom assessment

29 May 2024

 

A coalition of media freedom organisations will conduct a mission to Bucharest on 17-18 June 2024 to assess key challenges amid Romania’s super election year. The mission will address political influence on media, legal threats to journalists’ work and their safety, culminating in a conversation with the press.

Romanian translation here.

In Romania, European and local elections in early June will be followed by presidential and parliamentary elections in September and December respectively. In the midst of this super election year, the Media Freedom Rapid Response (MFRR) consortium will undertake a mission to Bucharest on 17-18 June 2024.

 

The mission will be jointly organised by the International Press Institute (IPI) and the Osservatorio Balcani Caucaso Transeuropa (OBCT), and will be joined by partners from the European Centre for Press and Media Freedom (ECPMF), the European Federation of Journalists (EFJ), and Free Press Unlimited (FPU).

 

Following its online fact-finding phase involving meetings with media and civil society stakeholders, during the upcoming in-person mission, the MFRR delegation aims to meet with state authorities. The group will discuss with institutional stakeholders developments regarding a set of critical issues, highlighted in the consortium’s recent report on Romania’s media landscape.

 

First findings: A politically influenced, unsafe media environment

The MFRR consortium has identified the following key issues to tackle:

  • Media capture: The MFRR analysis identified severe political influence over Romanian media. Primarily, an opaque allocation of “media and propaganda” funds from state budgets to political parties foster a compliant and clientelist media environment. Additionally, the consortium noted with concern that the National Audiovisual Council, tasked with regulating media, is under-resourced and lacks political independence.
  • Legal threats: Journalists in Romania face an increasing number of vexatious lawsuits (Strategic Lawsuits Against Public Participation, known as SLAPPs), designed to intimidate and silence voices of dissent. Aside from draining the media’s resources, the MFRR warns about their chilling effect on journalistic freedom.
  • Safety concerns: The consortium has been monitoring a number of prominent cases of physical attacks, online harassment and smear campaigns targeting investigative journalists. Notable cases, such as that of investigative journalist Emilia Șercan, underscore the severity of these threats.

These topics are linked to key pieces of legislation that the European Union has recently adopted. The European Media Freedom Act aims to safeguard media independence and pluralism by tackling media capture, while the Anti-SLAPP Directive provides increased protections for journalists against vexatious lawsuits. Additionally, the European Commission adopted the Recommendation on the protection, safety and empowerment of journalists in September 2021. Two years later, the Council of Europe also launched the five-year Journalists Matter campaign, aiming to promote best practices among government and media stakeholders for improved journalist safety.

 

Our goals: Assess and address

Particularly during elections, journalists face intense political pressure and scrutiny for potential bias. Furthermore, an overall lack of public confidence is perhaps the biggest challenge Romanian media have to face. Yet, their role as public watchdogs is crucial for a fair electoral process. For this reason, the primary objectives of the upcoming MFRR mission are to:

  • Evaluate the impact of political interference and media capture on journalistic independence, including an evaluation of the effectiveness and independence of media regulatory bodies.
  • Investigate the prevalence and impact of SLAPPs and other forms of legal threats on Romanian journalists.
  • Address the safety and protection concerns of journalists facing threats and harassment.
  • Explore solutions, in dialogue and cooperation with relevant authorities, to support and sustain independent and local journalism in Romania.

 

Engagement and advocacy

The MFRR delegation will organise a conversation with the press on June 18, 2024, at 2PM in Bucharest, to present its initial observations and recommendations. An additional press release will be produced shortly after, in order to further detail the mission’s findings.

 

Press registration and contacts

Registration for the press event is open until June 17 at 12.00PM. To join the conversation, please fill out the registration form. To request a meeting with the delegation at a different time, and for more information about the mission, please contact us (stating your full name and media):

Beatrice Chioccioli

Advocacy Officer Europe
International Press Institute (IPI)
bchioccioli@ipi.media

+43 681 103 433 67

 

Sielke Beata Kelner, PhD

Researcher & Advocacy Officer

OBC Transeuropa (OBCT)

kelner@balcanicaucaso.org

This mission is part of the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism tracking, monitoring, and responding to violations of press and media freedom in EU Member States and candidate countries. The project is co-funded by the European Commission.

România: Anul super electoral impune o evaluare a libertății presei

Misiunea viitoare a consorțiului european pentru libertatea presei va evalua principalele provocări ale presei din România.

O coaliție de organizații pentru libertatea presei va efectua o misiune la București în perioada 17-18 iunie 2024 pentru a evalua principalele provocări în contextul anului super electoral din România. Misiunea va aborda influența politică asupra mass-mediei, amenințările legale la adresa activității jurnaliștilor și a siguranței acestora. O conversație cu presa va încheia activitățile coaliției.

 

În România, alegerile europene și locale de la începutul lunii iunie vor fi urmate de alegeri prezidențiale și parlamentare în septembrie și, respectiv, decembrie. În mijlocul acestui an super electoral, consorțiul Media Freedom Rapid Response (MFRR) va întreprinde o misiune la București în perioada 17-18 iunie 2024. 

 

Misiunea va fi organizată în comun de către International Press Institute (IPI) și Osservatorio Balcani Caucaso Transeuropa (OBCT), și va fi însoțită de parteneri de la European Centre for Press and Media Freedom (ECPMF), European Federation of Journalists (EFJ) și Free Press Unlimited (FPU).

 

Misiunea delegației MFRR – precedată de o documentare online, care a inclus întâlniri cu mass-media și cu parteneri din societatea civilă – urmărește acum să se întâlnească cu autoritățile statului.. Grupul va discuta cu părțile interesate un set de aspecte critice, evidențiate în raportul recent al consorțiului privind peisajul mediatic din România.

 

Primele constatări: Un mediu mediatic incert și influențat politic

Consorțiul MFRR a identificat următoarele aspecte cheie care vor fi abordate pe parcursul misiunii :

  • Mass-media capturată politic: Analiza MFRR a identificat o influență politică severă asupra mass-mediei românești. În primul rând, o alocare opacă a fondurilor pentru „presă și propagandă” de la bugetul de stat către partidele politice favorizează un mediu jurnalistic conformist și clientelar. Mai mult, consorțiul a observat cu îngrijorare că Consiliul Național al Audiovizualului, care are sarcina de a reglementa mass-media, este lipsit de resurse și de independență politică.
  • Amenințări juridice: Jurnaliștii din România se confruntă cu un număr din ce în ce mai mare de procese vexatorii (procese strategice împotriva participării publice, cunoscute sub numele de SLAPP), menite să intimideze și să reducă la tăcere vocile disidente. Pe lângă faptul că astfel de procese epuizează resursele organizațiilor de presă, MFRR avertizează asupra efectului lor descurajator asupra libertății jurnalistice.
  • Preocupări legate de siguranță: Consorțiul a monitorizat o serie de cazuri proeminente de atacuri fizice, hărțuire online și campanii de defăimare care au vizat jurnaliștii de investigație. Cazuri notabile, precum cel al jurnalistei de investigație Emilia Șercan, subliniază gravitatea acestor amenințări.

 

Aceste subiecte sunt legate de acte legislative cheie pe care Uniunea Europeană le-a adoptat recent. Legea europeană privind libertatea mass-mediei are ca scop protejarea independenței și pluralismului presei prin abordarea capturării mass-media, în timp ce Directiva anti SLAPP oferă o protecție sporită pentru jurnaliști împotriva proceselor vexatorii. 

 

În septembrie 2021, Comisia Europeană a adoptat o Recomandare privind protecția, siguranța și capacitarea jurnaliștilor. Doi ani mai târziu, Consiliul Europei a lansat, de asemenea, campania de cinci ani Journalists Matter, care vizează promovarea celor mai bune practici în rândul guvernelor și al părților interesate din domeniul mass-media pentru îmbunătățirea siguranței jurnaliștilor.

 

Obiectivele noastre: Să evaluăm și să răspundem la probleme

În special în timpul alegerilor, jurnaliștii se confruntă cu o presiune politică intensă și cu o examinare amănunțită a imparțialității presei. Mai mult, lipsa generală de încredere a publicului este poate cea mai mare provocare cu care se confruntă mass-media din România. Cu toate acestea, rolul lor de avertizori publici este esențial pentru un proces electoral corect. Din acest motiv, obiectivele principale ale viitoarei misiuni MFRR sunt următoarele:

  • Să evalueze impactul interferențelor politice și al capturii mediatice asupra independenței jurnalistice, inclusiv să evalueze eficiența și independența organismelor de reglementare a mass-media.
  • Să investigheze prevalența și impactul SLAPPs și a altor forme de amenințări legale asupra jurnaliștilor români.
  • Să abordeze preocupările legate de siguranța și protecția jurnaliștilor, care se confruntă cu amenințări și hărțuiri.
  • Să exploreze soluții, în dialog și cooperare cu autoritățile relevante, pentru a sprijini și susține jurnalismul independent din România.

 

Implicare și advocacy

Delegația MFRR va organiza o dezbatere cu presa pe 18 iunie 2024, la ora 14:00, la București, pentru a prezenta observațiile și recomandările sale inițiale. Un comunicat de presă va fi publicat la scurt timp după aceea, pentru a detalia în continuare concluziile misiunii.

 

Informații pentru presă 

Înregistrarea la evenimentul de presă este deschisă până la 17 iunie, ora 24.00. Pentru a participa la dezbatere, vă rugăm să completați formularul de înregistrare.

 

Pentru a solicita o întâlnire cu delegația la o altă oră și pentru mai multe informații despre misiune, vă rugăm să ne contactați (menționând numele și prenumele dvs. și numele instituției mass-media pe care o reprezentați): 

 

Beatrice Chioccioli

Ofițer de advocacy pentru Europa

International Press Institute (IPI)

bchioccioli@ipi.media 

+43 681 103 433 67

 

Sielke Beata Kelner, PhD

Cercetător și ofițer de advocacy

OBC Transeuropa (OBCT)

kelner@balcanicaucaso.org 

Această misiune este parte a MFRR (Media Freedom Rapid Response), un mecanism la nivel european de urmărire, monitorizare și răspuns la încălcările libertății presei și a mass-media în statele membre ale UE și în țările candidate. Proiectul este cofinanțat de Comisia Europeană.

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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Romania: MFRR to conduct media freedom mission ahead of…

Romania: MFRR to conduct media freedom mission ahead of super electoral year

The Media Freedom Rapid Response (MFRR) will conduct a mission to Romania to take the pulse of the current state of press freedom and independent journalism as the country gears up for a super electoral year in 2024.

The mission will consist of two parts: an initial online fact-finding element involving meetings with media, journalists and civil society stakeholders, followed by an in-person visit to Bucharest later in the year to meet with political leaders and state authorities.

The initial element of the mission will take place over the week of 22-25 January and will hear insights from a wide range of stakeholders from across the media sector, including print, online, radio and television media outlets.

It will also meet with media owners, representatives from media regulatory bodies and intends to meet with the public broadcaster, as well as representatives from investigative reporting platforms and minority-language media.

The findings and conclusions from this first stage will be used to produce a report setting out the main challenges facing the media and journalists in Romania, and to prepare recommendations that can be discussed during the follow-up visit, which will be more focused on advocacy and meeting political power holders.

Key themes will include the safety of journalists, smear campaigns and vexatious lawsuits against media outlets and media professionals. Other systemic issues to be scrutinised include forms of media capture including, political pressure on media via advertising, pressures on editorial independence by media ownership interests, and the influence of the country’s powerful gambling industry on independent reporting.

The MFRR mission will be held at the start of the super electoral year in Romania, which is likely to see increasing pressures on free and independent journalism as news consumption increases amidst increased democratic debate and political messaging. The country will have four elections, including the presidential election.

The mission will be jointly organised by the International Press Institute (IPI) and the Osservatorio Balcani Caucaso Transeuropa (OBC Transeuropa). It will be joined by ARTICLE 19 Europe, European Centre for Press and Media Freedom (ECPMF), European Federation of Journalists (EFJ) and Free Press Unlimited (FPU).

The mission is conducted as part of the MFRR’s advocacy work, which includes tracking, monitoring and reacting to violations of press and media freedom in EU member states and candidate countries, as well as conducting fact-finding missions to countries across the bloc and reporting findings to international institutions.

This mission is 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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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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Political advertising Romania Library

Romania: Political advertising in media is further corroding independent…

Romania: Political advertising in media is further corroding independent journalism

Press freedom in Romania is under renewed threat as political parties have been distorting journalism with tens of millions of euros of public money flowing into the media.

 

By IPI contributor Tuukka Tuomasjukka

Major political parties and Romanian media outlets have in recent years signed significant contracts for political advertising, though transparency mechanisms are lacking. The content paid by parties is not marked as such, meaning the public can not distinguish bought publicity from legitimate journalistic content.

As Romania heads into a super electoral year in 2024 with four elections taking place, the issue of funding to the media – especially by the country’s largest political parties – is back in the spotlight.

Non-transparent funding of the media by some political parties distorts the public agenda and the tax payers are deceived by non-transparent politically sponsored content that is falsely promoted as journalism, Romanian press freedom NGO ActiveWatch writes in its recent report.

Cristian Andrei, a Romanian journalist specialized in contracts between press and political parties, told IPI that the mechanism is as follows: if a political party wants for example to promote a policy, they will take out a contract with a decoy agency, which then creates advertising contracts with news outlets. The content produced within the contract is not marked.

The contracts are paid with party subsidies that come from public money. Still, the content of these contracts are kept secret, as well as the media outlets that publish this content.

Citizens are basically being lied to with their own money, which, we must admit, is quite a feat, journalist Codruța Simina says in an interview for ActiveWatch.

According to journalists and civil society groups, these often lucrative advertising contracts have led to a drop in critical journalism as media soften or adapt their reporting to favour the party funding them. Romanian think tank Expert Forum states that the contracts reduce the independence of the media.

Romanian independent journalists have described the mechanism as a form of clientelistic bribery between politics and media which encourages self-censorship on certain topics or themes.

 

Increase in contracts after 2015

While the use of advertising money as a means of soft censorship of the press in Romania is by no means new, the money flowing into media from bigger political parties has surged in recent years, raising heightened concerns about its impact on editorial independence.

Political parties use public funds to buy the favorability of journalistic media”, says Cristian Andrei in an interview for IPI. “In big contracts of over one million euro annually, news outlets start to either avoid criticism or be less critical. A mechanism of auto-censorship appears. The political party is not demanding this directly, but the outlet changes its attitude as a result of the money it has received.

Politically paid content in Romanian press was made possible by a legislative change in 2015. Crucially, the contracts between political parties and media outlets are secret in Romania, which makes it hard to prove concerns about press freedom. According to public budgets, in 2022, the government coalition parties PSD and PNL spent altogether over 90 million Romanian lei (18.5 million euro) in contracts with media.

Contracts between political parties and news media have been growing significantly in recent years. According to Romanian news media Libertatea, in the first six months of each year, in 2021 the sum reached 24 million lei (4,8 million euro), in 2022 it was 47 million lei (9,5 million euro), and in 2023 it was 58 million lei (11,7 million euro). This has been happening simultaneously while the subsidies for political parties have been growing.

In some months the big Romanian political parties have bigger budgets allocated for press than big corporations, such as Coca Cola, Andrei compares.

The Prime Minister of Romania, Marcel Ciolacu, has justified the political advertising as allowing for parties to gauge the public reaction for different political initiatives. The advertising revenue has also represented a financial boost to many media outlets struggling in a small market.

There is no real debate, no pressure on politicians to change the system, ActiveWatch writes in its report.

However, the threat for democracy is strong especially due to the approaching bumper election year. In 2024, four different elections are due to be held in Romania: local elections, parliamentary elections, presidential elections and European parliament elections. As parties fight for public opinion, the already sizable influx of non-transparent money into the system will only increase, further complicating the ethical dilemmas of the media.

In the election year 2024, paid information can distort the vote, ActiveWatch writes.

 

International concerns

The millions of euros of politicized content pouring into Romanian media have also become a concern on the European level. In the Media Pluralism Monitor’s report in 2022, Romania was put into the highest risk group with Bulgaria, Greece, Hungary, Malta, Poland and Slovenia.

The Council of Europe and European Commission have both noted in recent reports that Romanian media does not provide enough information about the content paid by political parties and that these contracts have a detrimental effect on press freedom.

The Romanian public lacks trust in the system as well. The Reuters Institute for the Study of Journalism has recently reported that only one fifth of the country’s population thinks that the Romanian press is free from political influence. Only one third of the population trusts the news.

 

100,000 euros for an interview

Only a few of the numerous contracts between political parties and media companies in Romania have become public due to investigative journalism.

Online media Recorder published in autumn 2022 an investigation according to which political parties agreed contracts with some of the biggest television channels in Romania – Antena 3 and Digi24 – as well as online publication Hotnews and Newsweek-magazine.

Due to a lack of transparency, the exact number of media outlets benefiting from the advertising campaigns is not fully known. According to ActiveWatch, most of the time the money is channeled to websites of TV channels, as buying editorial content directly from the television channel outside the electoral period is prohibited by the broadcasting law.

The money goes through the websites of television channels, so that this money ends up feeding those that actually interest us: television channels, explained an anonymous member from PSD’s lead for Libertatea.

Recorder also had access to documents showing how PNL paid 1 000 euros per piece for 120 positive news articles about its activity. The paid articles were not marked as advertorials.

Companies have also been paid to distribute content that would most likely have been reported in any case, as they are in public interest. These include filming speeches in political meetings, being paid 5 000 euros per speech (65 000 euros altogether), broadcasting a press conference for 69 000 euros and conducting an interview with a presidential candidate costing 3,000 euros per minute, with a final cost of 100,000 euros. Two of the latter were marked ambiguously as “electoral debate” in TV due to the external funding.

“Many people watch such broadcasts and have no idea that the party paid for the airtime, and the moderator is not in the position of a journalist free of any constraint, but in the position of a host who has to put the client who paid for the broadcast in a favorable light”, Recorder explains in its story.

 

Distorting the media landscape

Journalist Dan Tăpălagă from the independent publication G4Media blames Romanian media for the situation. According to him the Romanian news media is distorted, non-functioning and its situation is critical.

“Romanian media accepted to play the political game. The watchdog of democracy is happy to receive small treats from the government and no longer barks at the government. It is wagging its tail happily, hoping that it will receive more easy money from the state. This easy money is distorting the media landscape”, he told IPI in an interview.

Tăpălagă says that only a part of Romanian media – some small online publications – covers topics that are unfavourable for the government. “Journalists here in Romania are not doing active propaganda on how good the political parties and government are. They play smarter: they avoid topics that are embarrassing for the government”, he added.

In September 2022, G4Media initiated a statement with two NGO’s in which they wanted to raise the alarm about the “unprecedented degradation of Romanian media landscape”. According to the statement, Romania risks facing the same situation where Hungary is and to lose European funds, if it won’t take measures to diminish political control over the free press.

We have a media that is completely quiet. Too quiet for this country, Tăpălagă says. He considers that the situation of Romanian media got worse with significant media subsidies, worth 40 million euros, that were given out during the corona pandemic in May 2020. These public funds are not unconditional money, Tăpălagă added.

 

Only hope for recovery comes from Brussels

The Romanian media market is suffering from Stockholm syndrome, says vice president Ionuț Codreanu from the Romanian press freedom NGO ActiveWatch “Mainstream media is too accustomed and familiar with political parties. The vast majority of media outlets don’t want to disturb political governance”, he says.

This also misleads the public, as they don’t get the actual news in their preferred media.

If people don’t hear something on the TV, they don’t believe it, journalist Ovidiu Vanghele describes the situation to ActiveWatch.

Codreanu underlines that solid independent media still exists in Romania, but it suffers from financial instability and brain drain.

According to ActiveWatch, there are also reasonable suspicions that political parties make contracts with media outlets to launch smear campaigns against their opponents.

ActiveWatch underlines media companies own responsibility for the current situation. “These commercial relations would not be possible without the active participation of media outlets that mislead their own audiences”, it writes in its report.

ActiveWatch considers that the mechanisms between press and political parties seem impossible to eradicate, and that the opacity of government parties is increasing in direct proportion to the sums these parties are investing in media. In its report, the NGO puts hope in forthcoming regulation on political advertising that the EU is working on, which should lead to more transparency in public communication. The European Parliament and European Council are currently negotiating the regulation.

The only hope for a slow recovery of these mechanisms also comes from Brussels, ActiveWatch wrote in its recent newsletter.

In the proposal for regulation, political advertisements need to be adequately labeled to distinguish them from editorial content. They will also be accompanied by a transparency notice, which will state for example the identity of the sponsor and the amounts spent.

The European Parliament has also been working on the draft Media Freedom Act (EMFA). Still, Codreanu considers the Romanian government to be superficial when transposing the European framework into national legislation.

I don’t believe our legislator is very serious when it comes to adapting new European principles, he says.

In its report, ActiveWatch says it has not identified any other country where political parties finance private media similarly to the current Romanian model.

How should the situation be solved? Journalist Cristian Andrei thinks that political parties should disclose the amounts they are paying, names of the publications and types of content and services they paid for on a monthly basis. In addition to this, all paid content should be marked.

However, Romanian politicians have opposed these ideas. The leader of the PSD group in the Chamber of Deputies, Alfred Simonis, told Europa Liberă that he “supports transparency in the spending of public funds, but that transparency should not lead to a situation where political competitors find out a party’s communication strategy and therefore the marking of articles paid for by the party should only be done 30 days after publication.”

The path forward remains unsure, but the situation is serious. Romanian civil society and journalists have hoped for reactive measures from an European level in 2023, before the electoral year starts. So far the international community has been quiet.

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. 

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Emilia Șercan Library

Media freedom groups dismayed at the abrupt closure of…

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

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

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

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

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

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

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

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

Signed by:

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

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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Emilia Șercan Library

Media freedom groups demand renewed investigation into crimes against…

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

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

Prosecutor General of Romania, Mr. Alex Florin Florența

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

 

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

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

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

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

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

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

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

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

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

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

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

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

The subsequent investigations included the following failures:

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

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

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

We therefore call upon you to do the following:

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

We look forward to reading your response soon,

Signed by:

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

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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Emilia Șercan Library

Romania: In conversation with investigative journalist Emilia Șercan

Romania: In conversation with investigative journalist Emilia Șercan

Investigating academic fraud committed by Romanian public figures. This is Emilia Șercan’s expertise. Freelance investigative journalist and senior lecturer at the University of Bucharest, she has been targeted by a renewed campaign of discreditation after her revelations that the Minister of Interior had plagiarised his PhD thesis. Unlike one year ago, when she was targeted by a jarring kompromat campaign involving the leaking of evidence from the Criminal Investigation Services, this time the smear campaign appears to be politically directed by one of the Romanian ruling parties.

 

Interview conducted by Sielke Kelner, Researcher and Advocacy Officer at OBC Transeuropa.

You have been facing a lot of pressure in the past three months. How are you holding up?

I am very tired because I have experienced a horrible time. I wish I had a couple of  days to catch my breath. I feel it is getting harder and harder to cope with the consequences of the misconduct of the Romanian justice system and politicians.

 

We spoke last November, and back then you had mentioned to me you were working on an investigative piece and a few weeks later, I saw your article on Lucian Bode. Did this new smear campaign start right after the publication of your article?

Yes, it did. This new wave of pressure came after I wrote about the doctoral thesis of the Minister of the Interior, Lucian Bode. The degree of confrontation and hostility I have been facing this time signalled a new peak of aggression characterising the Romanian public space. A multitude of websites, including media outlets which receive public funding, as well as outlets run by former journalists who are now political members of the National Liberal Party, have launched a series of attacks to discredit me, spreading the rumour that I want to run for the Presidency of Romania. They claim that this is the reason why I have committed to writing about the doctoral theses of a number of politicians. They have been trying as well to tie my journalistic approach to a political party, although I have no political affiliation or sympathies. I have publicly expressed that I have not the slightest connection with any political party. Nevertheless, they implied that this is in fact a political attack on Minister Lucian Bode. To be sure, I have been investigating academic fraud for the past eight years. For the past eight years, I have been properly doing my job as a journalist, not because I had any political interest. After having been subjected to a set of intimidations, pressure, death threats and attempts to compromise, now they have devised another way of discrediting my work by saying that I intend to run for president. They profiled me, insinuating I mirror Maia Sandu, the President of the Republic of Moldova. Just like her, they claim, I am a small, fragile woman with a political agenda. Let me stress this point again: I have never had the intention of becoming a politician. I am a journalist and that is what I will always be for the rest of my life.

 

Why do Romanian politicians fear your investigation?

Politicians are scared of the things they’ve done and don’t want the public to know about.  This time, the public efforts to discredit and attack me have to do with  the Minister of Interior’s fear of being labelled a plagiarist. It is also related to the role as Secretary General that Lucian Bode plays within the National Liberal Party. He is the one who leads the National Liberal Party (NLP), despite the fact that the NLP President is Romania’s PM, Nicolae Ciucă, but Ciucă has little political experience and is not suitable in politics. Thus, my revelations about Lucian Bode’s academic fraud constituted a big blow, not only to the Government, showing that the Minister of Interior is a plagiarist, but also to the National Liberal Party [governing party and party of the President of Romania Klaus Iohannis]. Furthermore, my investigation represented a big blow to the Romanian Intelligence Service Academy, given that the rector of this institution coordinated Lucian Bode’s thesis, a plagiarised doctoral thesis. Finally, it constituted a blow to the Babes Bolyai University, which tried to evade academic verification. They tried to make sure that it didn’t come to this result. The attacks directed against me and the attempt to discredit the investigation peaked when eventually Babes Bolyai University admitted that the doctoral thesis was plagiarised.

 

So, we’re talking about political interference.

For this last smear campaign, there is documented evidence of political interference. Two articles were published on two websites – websites with dodgy domains registered outside of Romania, and who share no details about their owners nor their editorial teams. The content published by these websites promotes propaganda for the National Liberal Party. Furthermore, an advertising agency that has stipulated contracts with the National Liberal Party disseminated those articles  on Facebook, popping up as sponsored articles on the social media platform. An investigation conducted by Misreport, a Romanian website dedicated to checking fake news and misinformation, found evidence that an advertising agency had been paid for the distribution of  those articles on Facebook, an agency which has contracts in place with the National Liberal Party, including the last rounds of elections that took place in 2020, both at local and central level.

 

Do you think it is strictly a personal attack or represents a broader threatening message directed at journalism in Romania?

There’s evidence demonstrating that the Liberal National Party has paid for the smear campaigns and the online distribution of articles against me. The current attack is different from the previous ones, because it looks like the result of a very high concentration of forces. This sort of thing happens when there is someone giving specific orders. And such instructions could have originated within a political party. This is also a clear signal directed towards the very small community of independent journalists in Romania, the ones left. I would like to mention that at present in Romania, we experience a complicated situation when it comes to the press, and this is particularly difficult when we talk about Romanian mainstream press. About 80 percent of the press in Romania is funded by political parties, which translates into an extensive political control over the press. Under these conditions, characterised by a press industry which is almost entirely politically funded or controlled, independent voices and independent journalists who criticise politicians in the current governing coalition are extremely vulnerable and can easily come under attack, just as I have. To be sure, investigative departments are rare in Romania. There are a few small websites, teams of journalists who are not subjected to political control, and who must face the inherent difficulties of how to secure funding. Driven by their own passion for the press, for justice, and for truth, they continued to write and produce material on disturbing subjects for the political class.

 

Actually, you write as a freelancer for PressOne

Yes, I write as a freelancer for PressOne. I have a long-standing collaboration with them, and I realise that perhaps if it was not for them, the only way to publish my investigations would have entailed starting a blog. There are very low chances that I would have been published by an outlet in Romania.

 

Does morality have any value in the Romanian public space or not?

It has almost no value. This is the extremely sad conclusion I have come to after eight years of writing about academic misconduct. In Romania, politicians have made a major effort to normalise shame and to normalise plagiarism.

 

Have you been granted solidarity?

There were colleagues who supported me, there were colleagues who were with me during this period. International support really meant a lot to me. I received the support of international organisations, international media organisations which have a comprehensive understanding of the challenges posed to journalists in different countries where freedom of expression and physical integrity of journalists are under threat. The solidarity that I have received both in the country and especially from international media organisations and from some international institutions, European institutions, has mattered a lot. Theoretically, my profile is the most vulnerable, prone to being attacked and harassed. And for a freelance female journalist, it means a lot to know that you are not alone.

 

Do you perceive yourself as a role model for young female journalists?

Yesterday, I started the second academic semester at the University of Bucharest by delivering a class to a cohort of first year journalism students. We introduced ourselves, and one of the students told me that she enrolled because of me, because I was a role model for her. Her revelation made me very happy and excited, obviously. Up until today I was told by colleagues that what I do is extraordinary, but to see that I inspired a young 18-years-old woman to come to college because she saw what I do, well, I find it extraordinary. I realise that this has the power to impact female role models. In the past decades, when students joined our department, they were mostly inspired by showbiz and celebrities. Going to college because you have a role model, a female journalist doing investigative journalism, I think is a big change.

 

You have been nominated for the Jan Kuciak Award. How does it feel to be internationally recognized for the work you do?

First of all, it was a surprise and I feel very excited when I think about it, because you realise that you get international recognition after years of work, which for the most part has gone uncredited by other journalists in Romania. Because often it happened that the stories I covered did not appear in the mainstream press. When I was notified about the nomination, I got emotional, and I called my editor and shared the news with her. The joy, and the surprise, all rolled into one. We cried together on the phone. I would like to take the chance to mention how important Matthew Caruana Galizia’s support was for this nomination. He encouraged me to enter and participate in this award. We met in 2019, at an event organised within the European Parliament. Shortly after, when I received a number of death threats, in a context in which police investigation stalled, I sought his help and he responded. Since then, we have stayed in touch.

This statement was coordinated by OBC Transeuropa 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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Emilia Șercan Library

Romania: Renewed call for action after fresh smear campaign…

Romania: Renewed call for action after fresh smear campaign against Emilia Șercan

Today, 17 February 2023, marks one year since journalist Emilia Șercan filed a police complaint about cybercrime and violation of privacy after she discovered five stolen personal pictures taken about twenty years ago had been published on 34 porn websites. The next day, Șercan found that a Moldovan website had published an article containing the five stolen pictures and a Facebook Messenger screenshot she had provided to the Romanian police.

One year and multiple criminal complaints later, investigations have failed to identify either the perpetrator or the source of the alleged leak from within the police force, despite repeated calls for accountability from press freedom organisations and European bodies.

 

Accordingly, our organisations today renew our call on the Romanian authorities to designate the investigation a priority and dedicate sufficient resources to it. We also ask that the prosecutorial services merge the cases to improve efficiency and speed up the investigations and urge the Prosecutor General to receive Emilia Șercan, as she has requested on multiple occasions. We continue to have serious concerns about the implications of the case for media freedom in Romania more broadly, especially given the context. In January 2022, Șercan had revealed that Prime Minister Nicolae Ciucă plagiarised his doctoral dissertation, after which she received several threats to her safety.

 

Not only have the Romanian authorities yet to respond meaningfully to concerns about the investigation’s lack of progress, including after local and international experts disproved the police’s claim that the leak must have taken place before the journalist reached the police station, but Șercan now faces another coordinated smear campaign aimed at discrediting her public interest journalism, which appears to have been directed by the governing National Liberal Party (PNL). It follows the publication of two articles, in September and November 2022, in which Șercan revealed that former Minister of Education Sorin Cîmpeanu and Home Affairs Minister Lucian Bode, a member and the general secretary of the PNL respectively, also plagiarised.

 

On 9 January, online outlet Hotnews published information it obtained showing that PNL leadership instructed the party’s politicians to discredit Șercan if they were asked about the issue in media interviews. At the same time, two ghost media websites with opaque ownership, dezvaluiri.net and oradestiri.net, published anonymous articles attempting to discredit Șercan that also appeared as sponsored posts on Facebook. Misreport, a Romanian platform specialised in tackling misinformation, conducted an analysis showing that the promotion was paid for by Green Pixel Interactive, an advertising agency registered as having contracts with PNL in the campaigns for the parliamentary and local elections in 2020. After Misreport called Green Pixel Interactive, the two ghost websites were deactivated, and their Facebook pages were deleted. Green Pixel Interactive did not answer questions about whether it was operating on behalf of PNL or its representatives.

 

This renewed harassment of Șercan is unacceptable and, given the prominent players apparently involved in its coordination, has a chilling effect beyond the case at hand. Accordingly, the undersigned organisations call on the leadership and members of the PNL to immediately condemn the smear campaign and to issue clear instructions not to discredit Șercan any further.

 

Meanwhile, we also call on the EU institutions to continue to follow the case closely and to consider its implications for media freedom and the rule of law in Romania in relevant regional-level processes. Specifically, the European Commission’s 2022 Rule of Law report considers intimidation of journalists as a press freedom concern in Romania. Considering no progress appears to have been achieved in the investigations, and in light of the new smear campaign against her, we call on the European Commission to ensure that this is reflected in the forthcoming publication of the 2023 Rule of Law report chapter on Romania, as it is testament to the lack of adequate commitment to press freedom by Romanian public officials.

 

We call on the authorities and politicians to show they respect Romania’s European commitments and obligations to press freedom by effectively prosecuting the harassment of Emilia Șercan and condemning any politically-sponsored smear campaign.

Signed by:

  • ActiveWatch
  • ARTICLE 19 Europe
  • Coalition For Women In Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)

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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