Bosnia and Herzegovina: Call on the National Assembly to…

Bosnia and Herzegovina: Call on the National Assembly to reject defamation law amendments

The Media Freedom Rapid Response is concerned by the recent developments in Republika Srpska, one of the two entities of Bosnia and Herzegovina, where the government has introduced amendments to the Criminal Code that would re-criminalise defamation.

In the discussions around the proposal, entity President Milorad Dodik accused journalists of lying, using strong derogatory language. Ahead of the session on 21 March, the undersigned partners urge members of the Republika Srpska National Assembly to reject the amendments.

On 31 October 2022, President Dodik published a thread on Twitter calling for the Minister of Justice to prepare new, and amend existing laws, with the goal to re-introduce defamation and insults as “criminal offences” in the Criminal Code of the Republika Srpska. This news was followed on 2 March 2023 by the National Assembly’ announcements that Republika Srpska had introduced draft amendments to the Criminal Code to re-criminalise defamation.

If approved by the National Assembly, the draft law would give way to arbitrary interpretation of what constitutes an insult or a degrading comment, and would allow for unjustified prosecution of journalists, members of civil society or organisations reporting on corruption and other public interest matters, and anyone writing publicly on social media. Republika Srpska had decriminalised defamation in 1999 in line with developing international standards and practices. Making defamation a crime again would be a direct hindrance to the principles of freedom of the press, and a conviction would lead to fines of between 3,000 and more than 50,000 euros.

The bill was strongly criticised by media workers and journalists’ organisations. On 14 March, journalists gathered in front of the National Assembly of Republika Srpska to protest the bill on criminal defamation, and appeal to the people’s deputies to dismiss the proposed amendments. The Parliament has postponed the discussion to debate the amendments to 21 March.

The discussions around the re-introduction of criminal defamation sparked unacceptable comments directed at journalists and media organisations during press conferences, often televised. Dodik on several occasions accused journalists of lying, while using strong derogatory language. This comes at a time when journalists in this entity are coming under increasing attacks and pressure: the recent interrogation of Nikola Morača, who works for the newspaper EuroBlic and the portal SrpskaInfo, and several editors and journalists, pressured by the police to reveal their sources; and the vandalism of the cars belonging to Morača and editor of Buka news portal Aleksandar Trifunović, are further concerning examples. Even before the beginning of the investigation Dodik accused the journalists of orchestrating the attack themselves.

Another worrying announcement by President Dodik is the introduction of the so-called “foreign agent law” on the activities of non-governmental organisations and associations – a copycat move from Georgia, whose bill was eventually withdrawn after being heavily criticised for its incompatibility with the laws protecting freedom of expression and freedom of association.

Our organisations strongly disagree with the proposed amendments and criminalisation of defamation and denounce any attempt to undermine, denigrate or hinder journalistic work. We will continue to closely monitor the situation in Republika Srpska in particular, and will respond to all threats to media freedom in Bosnia and Herzegovina. This includes the documentation of cases on the Mapping Media Freedom and the Council of Europe’s Safety of Journalists platforms.

Signed by:

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

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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Action needed: The European Commission Safety of Journalists Recommendation

Today, 16 March 2023, marks 18 months since the adoption by the European Commission of its Recommendation to the Member States on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union. The European Commission is due to perform an evaluation based on key performance indicators, to take stock of the progress achieved by the Member States. In this context, the partners in the Media Freedom Rapid Response (MFRR) call on the European Commission and the Member States to develop comprehensive and regular reporting mechanisms that involve all key stakeholders to effectively measure and continually follow up on the Recommendation’s implementation.

We urge the Member States to take action for the safety of journalists without further delay and implement the provisions of the Recommendation.

The European Commission’s Recommendation came at a critical time. As documented by the MFRR on our Mapping Media Freedom platform and analysed in the Monitoring Reports, as well as the Council of Europe’s Platform to promote the protection of journalism and the safety of journalists, the safety of journalists in Europe is in deep crisis. Reporters across the Union face many forms of pressure and attacks. In 2022, the MFRR recorded 415 alerts in EU Member States. Verbal attacks such as intimidation and threats or insults constituted the main type of incident, involving 42% of all alerts, while physical attacks were involved in 20% of cases and attacks to property in 17%. The latest Annual Report by the Council of Europe Platform partners meanwhile characterises the situation as a “context of a continued degradation of press freedom across the continent”.

At the time of its publication, the MFRR partners underlined that the key to the Recommendation’s success will lie in following up on its outcomes and holding the Member States to account. Despite clear international laws and standards for improving journalists’ safety, they did too little to turn the tide on the rising number of attacks on journalists. The Recommendation in this regard explicitly aims to support the implementation of the Council of Europe’s standards, particularly its Recommendation 2016(4).

To help kickstart the conversation on the Recommendation’s implementation, the MFRR is currently surveying EU-based affiliates of the European Federation of Journalists (EFJ), which are journalists’ unions and professional associations, on the actions and progress achieved so far. Their active involvement, and that of journalists and media workers more broadly, by the Member States and the European Commission in putting the Recommendation into practice is central to ensuring that the measures taken by Member States are effective. The survey focuses, in particular, on those specific recommendations that explicitly call for the involvement of journalists’ representatives. While the MFRR will publish the full results of the survey later this Spring, three key preliminary findings are worth highlighting now:

After 18 months, the implementation of the Recommendation is very uneven, with pronounced differences between the Member States and from one recommendation to another.
Evaluating the implementation status is a nuanced undertaking, with our research indicating many instances of partial implementation.
Obtaining a clear picture of any progress achieved becomes even more challenging when considering the impact. For one, some of the implemented measures and actions may need time to yield results, and it may simply be too early to draw either positive or negative conclusions about their effectiveness. In some other cases, even partial implementation of a recommendation has had a positive impact already, which can provide helpful insight on how to proceed with structuring further reforms for the Member State involved or for others who are lagging behind even further.

Although merely preliminary, these findings are nevertheless instructive as to the task ahead for the Member States and the Commission. It is clear that they must develop reporting and evaluation tools and procedures at national and regional levels that result in a meaningful assessment of the measures and actions that have been undertaken to implement the Recommendation. Measuring performance will require a nuanced approach to collecting data and developing indicators to capture the complexity of the challenge at hand. Only then will the Recommendation be able to deliver on its aim of strengthening media freedom and pluralism by promoting joint and coordinated efforts by the Member States. Moreover, given the uneven implementation, the process focusing on the Recommendation’s implementation evidently cannot be a one-off. Sustained engagement will be needed going forward and must involve all relevant stakeholders, including journalists and media workers, their associations and unions, civil society and media owners.

As concerns the design of this process, we believe useful lessons can be drawn from the experience with the Rule of Law reports to ensure its credibility, inclusiveness and impact. The MFRR partners call on the European Commission and Member States to develop a transparent process for collecting and evaluating pertinent data. Core information about all main aspects should be communicated well ahead of time. This should include clear timelines, criteria for selecting stakeholders based on protocols established jointly with non-State actors, and a transparent methodology for processing their input. To ensure the process generates action, it should result in specific recommendations and follow-up questions, guiding governments on the actions needed to address identified shortcomings, enabling civil society to monitor follow-up action and seek accountability, and promoting a transparent and participatory dialogue between all stakeholders.

Signed by:

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

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Slavko Ćuruvija: Cycle of impunity for killing of journalists…

Slavko Ćuruvija: Cycle of impunity for killing of journalists in Serbia must be broken

Following the start of the retrial last week at the Court of Appeal for the 1999 murder of Serbian editor and publisher Slavko Ćuruvija, the undesigned partners of the Media Freedom Rapid Response (MFRR) and the SafeJournalists Network (SJN) today renew our call for justice for his killing to finally be secured.

The pending ruling – which will either confirm or dismiss the previous guilty verdicts handed down to four state security agents for carrying out and planning his assassination – will be the most consequential for media freedom and journalism in Serbia’s modern history.

Coming nearly 24 years after the editor and founder of the Daily Telegraph and Evropljanin was killed in Belgrade on 11 April 1999, the implications of the decision of the five-member panel of judges for Serbia are hard to overstate.

Most significantly, the confirmation of the verdicts sentencing the defendants to a total of 100 years in prison would finally bring to a close a more than two-decade long fight for justice led by Ćuruvija’s family, loved ones, colleagues and civil society organisations.

Attaining the convictions would represent a remarkable achievement for those who have sacrificed so much to ensure that Ćuruvija’s legacy is honoured and those who gunned him down at the entrance of his apartment are not able to act with impunity.

Given that no one has ever been convicted of the murder of a journalist in Serbia’s modern history, this would represent a vital judicial milestone. Amidst the current toxic climate for the safety of journalists in Serbia, it would also send a clear message that anyone considering trying to attack or silence a journalist will not escape accountability.

More widely, this appeal verdict – which shines a light on the crimes of the Milošević regime – represents a timely litmus test for the rule of law and democracy in Serbia, as well as of the resolve of authorities trying to solve the spate of killings of journalists in the late 1990s and early 2000s.

If high-level state officials are convicted, it will give much-needed hope that justice can, even decades after the crimes were committed, be achieved for other journalists killed amidst the bloody breakup of Yugoslavia: Milan Pantić in 2001, and Dada Vujasinović, the circumstances of whose death in 1994 was never fully established.

As we await the final verdict in the coming months, our organisations today restate our solidarity with Slavko Ćuruvija’s family, his widow Branka Prpa, and all those who have been so fundamental to the campaign for justice, including journalists and media associations, the Commission to Investigate the Murder of Journalists and the Slavko Ćuruvija Foundation.

Moving forward, we hope justice for Slavko Ćuruvija will be secured and that the vicious cycle of impunity for the killings of journalists in Serbia will, finally, be broken.

Signed by:

European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
SafeJournalists Network members:
Association of Journalists of Kosovo
Association of Journalists of Macedonia
BH Journalists Association
Croatian Journalists’ Association
Independent Journalists’ Association of Serbia
Trade Union of Media of Montenegro
Trade Union of Croatian Journalists

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Italy: Prosecutor issues seizure order for article published by…

Italy: Prosecutor issues seizure order for article published by newspaper Domani

The Media Freedom Rapid Response (MFRR) condemns the decision of the Italian prosecutor to issue a seizure order for Domani’s investigative article, following a criminal complaint by the Undersecretary at the Ministry of Labour and Social Affairs of the current government.

Italian press freedom is seriously threatened by yet another attempt by a member of the current government to silence independent journalism. The undersigned media freedom and civil society organisations strongly condemn the decision of the Italian prosecutor to issue a seizure order for Domani’s investigative article, following a criminal complaint by Claudio Durigon, Undersecretary at the Ministry of Labour and Social Affairs of the current government. No journalists expressing their opinion or investigating on matters of public interest should fear nor be exposed to intimidation, conviction, or imprisonment.

On March 3, 2023, journalists Giovanni Tizian and Nello Trocchia found out that Durigon had initiated a legal action through the visit of two police officers knocking at Domani’s newsroom door who presented them with a seizure order for an article they had authored. The seizure order mentioned that the undersecretary of Labour had initiated a criminal defamation lawsuit against “unknowns”. It is understood the criminal complaint identifies only the article as its subject.

The article by Tizian and Trocchia, published in January 2023, revealed Durigon’s alleged ties with individuals connected with local criminal organisations. The report examined how in 2018, while serving as an MP and national secretary of the Italian General Labour Union, Durigon had supported the career of a now convicted union member, Simone Di Marcantonio. In January, Di Marcantonio was found guilty in the first instance of extortion, linked to a criminal clan operating in the province of Latina. Di Marcantonio is also indicted for acting as a front man for a Calabrian ‘ndrangheta boss.

In response to Domani’s article, Durigon filed a complaint for criminal defamation through the press, based on article 13 of Italian criminal code 47/1948, a provision carrying prison sentences of up to six years, which was ruled unconstitutional by the Italian Constitutional Court (ruling 150/2021).

Following Durigon’s complaint, the Italian prosecutor ordered the seizure of a hard copy of the indicted article, despite the fact that Tizian and Trocchia’s report was fully available on Domani’s webpage. Such atypical proceedings by the Court of Rome represent an alarming abuse of legal actions at the hands of Italian authorities and public officials. This unnecessary intrusion into Domani’s newsroom signals Italian authorities’ increasing recourse to tactics aimed at intimidating and silencing independent voices and media, raising criticism towards public officials.

Italian authorities’ decision to resort to a seizure order has a serious chilling effect. Together with a rising number of defamation lawsuits brought by members of the current government, it indicates a worrying deterioration of press freedom in Italy. Along with Prime Minister Georgia Meloni, Minister of Infrastructures Matteo Salvini and Minister of Culture Gennaro Sangiuliano, Durigon is the fourth member of the current Italian government resorting to a legal action to silence criticism from the press.

Current Italian government officials have been increasingly responding to articles reporting on issues of public interest with lawsuits. This is an alarming trend. Public figures holding elected office have a duty to act responsibly and be prepared to accept a higher level of public scrutiny, in accordance with both national and international rulings.

In expressing our solidarity with Domani’s newsroom, we therefore urge the competent authorities to refrain from resorting to such unjustified intimidatory practices towards Domani and any other newsroom in the future. We also call on Durigon to withdraw his criminal defamation complaint.

More widely, we urge the Italian Parliament to adopt a comprehensive reform of defamation laws in Italy in line with international freedom of expression standards as a matter of urgency. This long overdue reform should centre on the decriminalisation of defamation and set limits within civil law on the amount in damages that can be sought to avoid creating undue obstacles to the journalistic profession. We also urge the Parliament to start a discussion to follow up on the Recommendations included in the EU Anti-SLAPPs initiative and to support the adoption of an advanced text of the EU Anti-SLAPPs Directive.

Our organisations will continue to closely monitor this situation involving Domani and will respond to all threats to media freedom in Italy, including the documentation of cases on the Mapping Media Freedom platform.

Signed by:

ARTICLE 19 Europe
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited
Greenpeace Italia
International Press Institute (IPI)
Meglio Legale Aps
OBC Transeuropa (OBCT)
The Good Lobby Italia

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Ukraine: One year since the start of Russia’s full-scale…

Ukraine: One year since the start of Russia’s full-scale invasion, MFRR calls for continued solidarity and support for journalists covering the war

Today, marking one year since the beginning of the full-scale Russian invasion of Ukraine, the Media Freedom Rapid Response (MFRR) partners reiterate our condemnation of Russia’s war of aggression.

We continue to stand in solidarity with the journalists and media workers who cover the events at great risk to their safety and remember those who have died in the line of duty.

The war’s deadly toll has cast a dark shadow over press freedom in Europe. Killing, kidnapping, torture and other attacks on journalists and media workers has no place in Ukraine, and those responsible must face justice for their crimes. The safety of journalists and media workers on the ground is paramount and must be respected.

Since the beginning of the conflict, at least nine Ukrainian and international journalists and media workers are confirmed to have been killed in the line of duty or due to their journalistic work. In some cases, there is evidence that Russian troops targeted journalists and their crews despite clear PRESS insignia. We recall that under international humanitarian and human rights law, the authorities must allow journalists to perform their work without undue interference and refrain from taking any restrictive measures. Under international law, attacks that intentionally target journalists constitute war crimes. In total, 155 alerts involving 241 attacked persons or entities related to media have been recorded for Ukraine on Mapping Media Freedom since 24 February 2022.

With the start of the invasion, the MFRR partners joined international efforts to offer support to journalists and media workers in Ukraine. Practical support was extended to cover the immediate needs of journalists in Ukraine to support the flow of information. In addition, the partners initiated new Journalists-in-Residence programmes in Germany and Kosovo, with the support of local authorities in both countries.

Despite the war’s devastation, Ukraine’s media sector remains afloat and the country’s journalistic sector has rightly won acclaim for the courage and professionalism shown in rising to the challenge of covering the war. Notwithstanding an influx of foreign funding, however, increased support is still needed for journalists on the frontline, for media outlets struggling financially, and for media workers who are forced to work in exile as a consequence of the aggression. We reiterate our support for these independent voices as they remain committed to providing invaluable independent journalism and keeping the world informed of what is happening in Ukraine.

On 1 March 2023, marking one year since Ukrainian camera operator Yevhenii Sakun was killed, MFRR will host “One year of war: the true cost of journalism”. This webinar will examine the impact the war has had on press freedom, remember those who lost their lives, and discuss what more needs to be done to support free and independent media in Ukraine in its hour of need.

Signed by:

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

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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)

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Call on Turkish authorities to abstain from further restrictions…

Call on Turkish authorities to abstain from further restrictions on media in the aftermath of devastating earthquakes

The partners in the Media Freedom Rapid Response (MFRR) express their condolences with the victims of the devastating earthquakes in Turkey and reiterate the need for a free media atmosphere as a crucial element of all disaster relief processes.

Turkish translation available here.

In the aftermath of the devastating earthquakes with epicentre in the province of Kahramanmaraş in Turkey on Monday 6 February 2023, MFRR partners have received multiple reports of press and media freedom violations including detentions of journalists and media workers, investigations for incitement to hatred in society, limitations on access to impacted areas, as well as throttling of bandwidth for social media platform Twitter.

On 7 February, the Turkish government’s Communications Directorate launched the “Disinformation Reporting Service”, encouraging citizens to report accounts that share “manipulative” news reports and social media posts.

Later in the day, as President Erdoğan declared State of Emergency Rule for three months covering the ten affected provinces, he made a statement concerning the news coverage of the disaster, saying that “we are closely monitoring those who are trying to polarise the nation through false news … and our prosecutors will do what is necessary against those who aim to incite social chaos through disinformation and fake news.” Turkish broadcast regulator Radio & TV Higher Council (RTÜK) president Ebubekir Şahin also warned against “demoralising” media coverage of the destructive earthquakes and announced that they are monitoring TV networks for such reporting.

At least two journalists were arrested on Tuesday: Evrensel journalist Volkan Pekal was detained while taking photos in an earthquake-hit area in Adana and in Istanbul; and Daktilo1984 political commentator Özgün Emre Koç was taken into custody for his comments on social media stating that earthquake regulations are not properly implemented. He spent the night in jail accused of “incitement to violence and hatred”. Criminal investigations were also initiated against journalists Merdan Yanardağ and Enver Aysever for their criticism of islamist groups’ chanting when search and rescue teams required silence, and of the rescue efforts, respectively. Yanardağ was also the target of trolling by pro-government social media users. Furthermore, there were multiple reports of journalists being blocked from covering the rescue efforts in Diyarbakır.

On Wednesday 8 February, Mesopotamia News Agency reporter Mehmet Güleş was detained together with the person he was interviewing in Diyarbakır, as the interviewee criticised the rescue efforts. In Şanlıurfa’s Birecik, another Mesopotamia News Agency reporter, Mahmut Altıntaş, and Jinnews reporter Sema Çağlak were detained while covering the news for not having government-issued press cards, as required under the State of Emergency rules. These oblige local journalists to obtain turquoise press cards and international media to obtain accreditation from local offices of the Communications Directorate. The two journalists were later released but the press cards issued by their outlets were confiscated. Multiple other journalists in Diyarbakır reported that they were blocked by police and the local Disaster and Emergency Management Authority (AFAD) officers from reporting from the field for not having government-issued press credentials. On 9 February, local Communications Directorate officers told Media and Law Studies Association that local journalists would now be allowed to work on the basis of their corporate press cards or assignment letters.

In the afternoon of 8 February, amidst an already problematic information landscape due to damaged infrastructure, widespread reports emerged that access to Twitter was limited from Turkey for six hours. Social media platforms have been playing a key role for victims to share their exact location and to amplify their voices, as rescue and relief teams coordinate efforts on a digital disaster-map. In this context, limiting access to Twitter prevents journalists from informing their audiences, hinders people’s right to access information and creates a major additional and unnecessary challenge for emergency support and relief.

While the country suffers through the impact of these devastating earthquakes, we underline the importance of an independent and pluralistic media landscape, also in the light of the upcoming parliamentary and presidential elections reportedly scheduled for May 2023. The MFRR partners call upon the Turkish authorities to immediately lift the restrictions on access to information and freedom of expression, and to ensure that journalists and media workers are not blocked from covering the news.

Signed by:

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

Türkiye yetkililerine, yıkıcı depremlerin ardından medyaya yönelik daha fazla kısıtlamadan kaçınmaları çağrısı

Aşağıda imzası bulunan Medya Özgürlüğü Acil Müdahale (MFRR) ortakları, Türkiye’de meydana gelen yıkıcı depremlerin mağdurlarına başsağlığı dilemekte ve tüm afet yardım süreçlerinin önemli bir unsuru olarak özgür bir medya ortamına duyulan ihtiyacı yinelemektedir.

6 Şubat 2023 Pazartesi günü Türkiye’nin Kahramanmaraş ilinde meydana gelen yıkıcı depremlerin ardından, MFRR ortakları, gazetecilerin ve medya çalışanlarının gözaltına alınması, toplumda kin ve nefreti kışkırtmaktan soruşturma açılması, etkilenen bölgelere erişimin kısıtlanması ve sosyal medya platformu Twitter’ın bant genişliğinin daraltılması da dahil olmak üzere basın ve medya özgürlüğü ihlallerine ilişkin çok sayıda ihbar aldı.

7 Şubat’ta Cumhurbaşkanlığı İletişim Başkanlığı, yurttaşları “manipülatif” haberler ve sosyal medya paylaşımları yapan hesapları ihbar etmeye teşvik eden “Dezenformasyon Bildirim Servisi“ni tanıttı.

Günün ilerleyen saatlerinde, Cumhurbaşkanı Erdoğan depremden etkilenen on ili kapsayacak şekilde üç ay süreyle Olağanüstü Hal ilan ederken, felaketle ilgili haberlere ilişkin bir açıklama yaparak “Devlet ve millet el ele vermiş, bu tarihi felaketin üstesinden gelmeye çalışırken yalan haberler ve çarpıtmalarla insanımızı birbirine düşürmeye niyetlenenleri yakından takip ediyoruz. […] Günü geldiğinde şu anda tuttuğumuz defteri de açacağız. Savcılarımız bu tür insanlık dışı yöntemlerle sosyal kaos çıkarmaya tevessül edenleri belirleyip gereken işlemleri süratle yapıyor.” dedi. Radyo ve Televizyon Üst Kurulu (RTÜK) Başkanı Ebubekir Şahin de yıkıcı depremlerin medyada “moral bozucu” şekilde yer almasına karşı uyarıda bulundu ve bu tür haberlere karşı televizyon kanallarını izlediklerini açıkladı.

Salı günü en az iki gazeteci gözaltına alındı: Adana’da Evrensel muhabiri Volkan Pekal depremin vurduğu bölgelerde fotoğraf çekerken gözaltına alındı; Istanbul’da ise Daktilo1984 siyaset yorumcusu Özgün Emre Koç sosyal medyada deprem yönetmeliğinin gerektiği gibi uygulanmadığı yönündeki yorumları nedeniyle gözaltına alındı. Geceyi “kin ve nefrete teşvik” suçlamasıyla polis gözetiminde geçirdi. Gazeteciler Merdan Yanardağ ve Enver Aysever hakkında da, İslamcı grupların arama kurtarma ekiplerinin sessizlik talep ettiği sırada slogan atmalarını ve kurtarma çalışmalarını eleştirdikleri için cezai soruşturma başlatıldı. Yanardağ ayrıca hükümet yanlısı sosyal medya kullanıcılarının çevrimiçi tacizlerinin de hedef oldu. Buna ek olarak, gazetecilerin Diyarbakır‘daki kurtarma çalışmalarını takip etmelerinin engellendiğine dair çok sayıda haber yapıldı.

8 Şubat Çarşamba günü Mezopotamya Ajansı muhabiri Mehmet Güleş, Diyarbakır’da röportaj yaptığı kişinin kurtarma çalışmalarını eleştirmesi üzerine röportaj yaptığı kişiyle birlikte gözaltına alındı. Şanlıurfa’nın Birecik ilçesinde de Mezopotamya Ajansı muhabiri Mahmut Altıntaş ve Jinnews muhabiri Sema Çağlak haber takibi sırasında OHAL kuralları gereği devlet tarafından verilen basın kartları olmadığı gerekçesiyle gözaltına alındı. Bu kurallar yerel gazetecilerin turkuaz basın kartı almasını, uluslararası medyanın ise İletişim Başkanlığı’nın yerel ofislerinden akreditasyon almasını zorunlu kılıyor. İki gazeteci daha sonra serbest bırakıldı ancak çalıştıkları kuruluşlar tarafından verilen basın kartlarına el konuldu. Diyarbakır’daki çok sayıda başka gazeteci de polis ve yerel Afet ve Acil Durum Yönetimi Başkanlığı (AFAD) görevlileri tarafından devlet tarafından verilen basın kartlarına sahip olmadıkları gerekçesiyle sahadan haber yapmalarının engellendiğini bildirdi. 9 Şubat’ta İletişim Başkanlığı’nın yerel yetkilileri Medya ve Hukuk Çalışmaları Derneği‘ne yerel gazetecilerin artık kurumsal basın kartları veya görevlendirme mektupları ile çalışmalarına izin verileceğini aktardı.

8 Şubat öğleden sonra, hasar gören altyapı nedeniyle zaten sorunlu olan bilgi ortamının ortasında, Türkiye’den Twitter‘a erişimin altı saatten uzun bir süre boyunca sınırlı olduğuna dair yaygın raporlar ortaya çıktı. Sosyal medya mecraları, kurtarma ve yardım ekiplerinin dijital afet haritası üzerinde çalışmalarını koordine etmek adına, mağdurların tam konumlarını paylaşmaları ve seslerini duyurmaları için kilit bir rol oynamaktadır. Bu bağlamda, Twitter’a erişimin sınırlandırılması gazetecilerin okurlarını bilgilendirmesini engellemekte, insanların bilgiye erişim hakkını sekteye uğratmakta ve acil durum destek ve yardımları için fazladan ve gereksiz büyük bir zorluk yaratmaktadır.

Ülke bu yıkıcı depremlerin etkilerini yaşarken, Mayıs 2023’te yapılacağı bildirilen milletvekili ve cumhurbaşkanlığı seçimleri ışığında da bağımsız ve çoğulcu bir medya ortamının öneminin altını çiziyoruz. MFRR ortakları, Türkiye makamlarını bilgiye erişim ve ifade özgürlüğü üzerindeki kısıtlamaları derhal kaldırmaya ve gazetecilerin ve medya çalışanlarının haber yapmalarının engellenmemesini sağlamaya çağırmaktadır.

İmzalayan,

ARTICLE 19 Avrupa

Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)

Avrupa Gazeteciler Federasyonu (EFJ)

Uluslararası Basın Enstitüsü (IPI)

OBC Transeuropa (OBCT)

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Greece: MFRR alarmed by latest revelations of spying on…

Greece: MFRR alarmed by latest revelations of spying on journalists

The partners in the Media Freedom Rapid Response (MFRR) are alarmed by the continued lack of transparency of the Greek authorities about the surveillance of journalists.

As reported last week, an audit by the Authority for Communication Security and Privacy (ADAE) at telecom company Cosmote confirmed that the state security services wiretapped investigative journalist Tasos Telloglou for unspecified national security reasons. The ADAE conducted the audit on 15 December, following requests by Telloglou and MEP Giorgos Kyrtsos, who was expelled from the ruling New Democracy party earlier this year.

Cosmote unsuccessfully attempted to interfere with the inspection, as its legal adviser questioned the ADAE’s competence and contacted Supreme Court prosecutor Isidoros Dogiakos. The latter allegedly tried to intervene and stop the audit by stating that there should be an immediate opinion of the Supreme Court Prosecutor’s Office on whether ADAE or interested citizens are allowed to be informed of possible surveillance by the National Intelligence Service (EYP). The ADAE, however, invoked its constitutional authority and insisted on the audit. Dogiakos has meanwhile said that he simply expressed a non-binding view, even though he believes the audit was not legal. He also lashed out against media that have criticised the Greek judicial authorities for their handling of the ongoing investigation into “Greek Watergate”, and called for an extensive tax audit of the outlets.

Telloglou, who works for investigative platform Inside Story, leading daily Kathimerini and the ANT1 television news programme “Special Report, had written in October that he believed he was put under surveillance in connection with his reporting on a spyware scandal. In the article, he said his colleague at Inside Story, Eliza Triantafillou and journalist Thodoris Chondrogiannos of Reporters United had also been monitored. Both outlets repeatedly published breaking news about the use of spyware and alleged connections between companies that market the technology and Greek government figures.

Last week’s revelations are the latest chapter in a sprawling scandal in Greece which has implicated the EYP and the government in the surveillance of journalists. This involves the confirmed hacking of the phone of freelance financial journalist Thanasis Koukakis through the use of Predator spyware by an unknown party and allegations that investigative reporter Stavros Malichudis was secretly monitored by the EYP. In November, newspaper Documento published an article alleging that numerous journalists, editors, media owners and others connected to the industry were targeted with Predator spyware.

These cases are major violations of the affected journalists’ privacy, journalistic source protection, and press freedom in general. Although an investigation into Koukakis’ case has been launched, overall accountability remains wanting, and the Greek authorities have provided no real transparency. Quite the opposite: soon after New Democracy came to power in 2019, it moved to bring the intelligence service under the direct purview of the office of the Prime Minister and amended the requirements for the position of Director of Intelligence so the Prime Minister’s favourite could be appointed. In March 2021, the governing party rushed through a legislative amendment that changed the legal provisions that allowed citizens to be informed by the ADAE about whether they had been under surveillance if it had taken place for national security reasons. The cases at hand, pertaining to journalists who report in the public interest, serve to underscore the problematic nature of this exemption, showcasing the potential for abuse of this clause.

Accordingly, the MFRR reiterates its calls on the Greek authorities to provide transparency and accountability for these severe attacks on press freedom and privacy, and to put an immediate halt to the practice. We also renew our calls for action at the EU level, including through the inclusion in the European Media Freedom Act of provisions that effectively protect journalists and media workers against illegal surveillance.

Signed by:

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

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France: Three journalists summoned by security agency over suspected…

France: Three journalists summoned by security agency over suspected violation of national defence secrecy

The partner organisations of the Media Freedom Rapid Response (MFRR) today express concern over the latest summons issued by France’s top security agency to journalists from investigative platform Disclose and public broadcaster Radio France over the suspected violation of national secrecy in connection with their reporting on the armed forces.

Our organisations raise the alarm that the three journalists summoned for voluntary questioning could face potential prison sentences of up to five years and a fine of €75,000 if charged and ultimately found guilty. We therefore urge the General Directorate of Internal Security (DGSI) to seriously consider the implications of this case for press freedom.

The trio – Geoffrey Livolsi, co-founder of investigative media outlet Disclose, Jacques Monin, head of investigations at Radio France and Benoît Collombat, an investigative journalist at Radio France – have been summoned to the DGSI for questioning on 14 December as part of an ongoing judicial investigation into alleged violation of national defence secrecy.

The summons is linked to a March 2018 investigation authored by Collombat and Livolsi, entitled “Air transport: suspicions of influence peddling in the army”, which reported that the National Financial Prosecutor’s Office (PNF) was probing allegations of financial misconduct in the military. The article revealed that high-ranking officers including a named official of the Special Operations Command (COS) were being investigated over alleged air transport subcontracting fraud.

The trio are due to be questioned on the suspicion that they “committed or attempted to commit the offense of revealing or disclosing information allowing the identification of a member of a special forces unit”. According to reports, the summons comes after an unnamed former member of the French special forces filed a complaint. Livolsi from Disclose has stressed that all the officers named in the investigation work in the logistics services of the army, rather than on a mission or in a conflict area and were not in any danger. Both Disclose and Radio France stand by the accuracy and public interest nature of the publication.

Our organisations note that this summons is part of a wider pattern of criminal investigations against media by DGSI in recent years. Journalists from Disclose and Radio France were the subject of a separate investigation in 2019. That summons was based on a complaint by the Ministry of the Armed Forces about publication of classified information about French complicity in supplying weapons to Saudi Arabia which were used to commit war crimes in Yemen. In that case, the DGSI questioned the two co-founders of Disclose and Collombat about a potential violation of national secrecy and attempted to identify their sources.

A second investigation into Disclose was then initiated in November 2021 in connection with its revelations about the alleged complicity of French military intelligence in the arbitrary executions of civilians in Egypt. That time, the Ministry of the Armed Forces filed a complaint alleging the non-profit platform had violated national defence secrecy. Both of these previous probes targeted legitimate and public interest journalism which had led to serious questions and criticism about the operations of the French military and intelligence services.

As in those cases, this summons has serious implications for media freedom. Firstly, serious questions arise as to why this complaint was made now, nearly five years after the journalists’ investigation was published. Moreover, as this probe is being conducted within the scope of national security, the DGSI has the full range of investigatory powers at its disposal, including the use of surveillance tools. This not only creates a stressful climate for the media outlets but could also discourage sources and potential whisteblowers from speaking out.

Our organisations recognise the challenges which come with striking the right balance between safeguarding press freedom and protecting national security. However, it is vital for democracy that journalists and media outlets carrying out investigative reporting on matters of public interest, including about the armed forces and even the special forces, must be able to work free from all forms of pressure or retaliation.

Ahead of the summons on Wednesday December 14, our organisations emphasise that we will closely monitor developments and will respond strongly to further escalations which negatively affect the freedom of the press. If required, we also stand ready to provide assistance to the affected journalists through our MFRR legal support fund.

Signed by:

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

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Latvia: Media regulator urged not to revoke Dozhd license…

Latvia: Media regulator urged not to revoke Dozhd license pending court review

Decision revoking broadcast license is clear violation of media freedom.

The undersigned partners of the Media Freedom Rapid Response (MFRR) today express serious concern over the decision by Latvia’s National Electronic Mass Media Council (NEPLP) to revoke the broadcast license of exiled independent Russian TV station Dozhd, which is based in Riga. Given the clear implications for media freedom, our organisations urge the regulator to refrain from enforcing the revocation until a court has reviewed the decision.

On 6 December, the NEPLP’s chairperson said that Dozhd’s license had been withdrawn “in connection with the threat to national security and the public order” and citing three serious violations of the country’s broadcast law since it began broadcasting last summer. Dozhd’s broadcasting ban enters into force on December 8, but it has the right to appeal. The NEPLP also announced its intent to block Dozhd’s YouTube channel within the country.

Our organisations acknowledge and welcome the steps taken by Latvian authorities since the war began to provide visas for more than 470 Russian journalists and their families, including those from Dozhd, who were forced to flee the country. This allowed Dozhd and others to re-establish operations and continue working. Latvia has provided a welcome example for Europe to follow and deserves praise for its overall support for free and independent media.

While our organisations recognise the sensitivity of this issue in Latvia, our shared view is that the decision to revoke their broadcast license is disproportionate and ultimately counterproductive.

In our assessment, appropriate steps were taken by Dozhd to address the three violations of Latvia’s broadcast law cited by the regulator. The presenter who misspoke about ‘support’ to Russian troops has apologised and been dismissed; the use of a map downloaded from the internet showing Crimea as part of Russia’s territory was a clear mistake for which the editor has since apologised; and the single reference to Russia’s military as “our army” was dealt with and the media outlet was fined. While Dozhd must respect Latvian law, in our view these three editorial errors were mistakes and do not meet the threshold for the outright revocation of a media outlet’s broadcast licence.

Arguments raised about Dozhd’s journalists posing a potential national security or intelligence threat are very serious accusations that need to be addressed by independent courts rather than a broadcast regulator. There is clear guidance on restricting freedom of expression on the basis of national security that needs to be followed by the authorities.

The wider implications of this decision for the Russian anti-war movement are significant. As the most influential exiled Russian broadcast media outlet, Dozhd’s resolutely anti-war coverage of issues such as mobilisation, Russian atrocities and the realities from the front lines have provided a crucial alternative to government propaganda.

Moving forward, we urge the NEPLP to refrain from enforcing the decision on revocation of Dozhd’s licence. We also urge the Administrative Court to reverse the NEPLP decision until a court has reviewed the decision on appeal. The Court must is should consider both the violations committed and the alleged national security or intelligence allegations, as well as the broader implications the decision will have for Dozhd, its editors and journalists, and other exiled Russian media.

Until then, our message is clear: independent Russian journalism should be provided a safe refuge in Europe. Dozhd’s mission of providing independent news to Russian-speaking audiences is a crucial one and we hope this matter can be resolved.

Signed by:

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