North Macedonia: Ruling against Investigative Reporting Lab and its…

North Macedonia: Ruling against Investigative Reporting Lab and its editor must be overturned

The organisations of the Media Freedom Rapid Response (MFRR) and the SafeJournalists Network (SJN) today express shared dismay at a recent defamation verdict by a judge in North Macedonia which recommends shutting down one of the country’s leading investigative media outlets and expects this damaging ruling to be swiftly overturned on appeal.

Our organisations warn that this ruling – and the alarming recommendation by the judge – represent a clear violation of international standards, a fundamental failure of the recognition of public interest of the journalism in question, and an attack on investigative journalism and media freedom in the country.

On 24 October 2023, a judge at the Basic Civil Court in the capital Skopje ruled against the Investigative Reporting Laboratory (IRL) and its editor-in-chief, Sashka Cvetkovska, and ordered they pay a symbolic €1 in damages to businessman Kocho Angjushev, the former Deputy Prime Minister of North Macedonia, plus thousands of euros for both sides’ legal costs.

However, in the written justification, published on 10 November, the judge inexplicably ruled that IRL should be classified as “non-media” and that its staff were “members of a group”, rather than professional journalists. She suggested the platform was operating illegally and recommended that the Ministry of Justice examine the operations of the media outlet.

The civil defamation lawsuit stemmed from a documentary IRL aired in May 2021, entitled “Conspiracy Against the Air”. The documentary, part of a joint investigation with the OCCRP, was broadcasted on public television and revealed how chemical-filled fuel oil used in heating systems throughout the country’s public institutions were causing pollution. It briefly named Angjushev as one of the officials involved in making introductions between buyers and sellers of heating systems, which he denies and claims is defamatory.

In the first hearing in March 2022, the judge Jovanka Spirovska Paneva ruled in favour of IRL and rejected Angjushev claims. After the verdict was challenged, the Court of Appeal in May 2022 dismissed the verdict and ordered a retrial. In the retrial, the same judge excluded the public from monitoring the trial, sided with Angjushev and found the defendants guilty of defamation. No new evidence was presented by the plaintiff during the retrial.

IRL, a member centre of the Organised Crime and Corruption Reporting Project (OCCRP), will appeal the latest ruling to a higher court. It said it also intends to file a complaint with the constitutional court over the alleged violation of the constitutional right to freedom of the press.

The MFRR and SJN organisations stand firmly behind the Investigative Reporting Laboratory, Sashka Cvetkovska, and her staff, and support their principled legal challenge against this ruling and its serious consequences for investigative journalism in North Macedonia. This case bears some characteristics of a SLAPP — a strategic lawsuit against public participation – which are wielded by powerful business or political figures and are aimed at muzzling public interest journalism. It should be noted that the lawsuit by Angjushev comes against a backdrop of years-long attempts to pressure, discredit and verbally attack the media outlet and its staff.

While the demands for compensation and damages ordered by the judge were symbolic, the payment of the legal fees of both sides will represent a financial hit for the investigative media platform. The penalising nature of the verdict also carries a censorious chilling effect on the journalistic community in North Macedonia. As outlined in a recent report following a mission to Skopje by multiple international press freedom organisations, abusive lawsuits of this kind risk undermining the fragile press freedom progress achieved in recent years.

Furthermore, the judge’s verdict inaccurately claims that the IRL is not a media outlet and that its staff are not journalists. In fact, like many investigative media across the region, IRL is legally registered as a civil society organisation and has a specific mandate to report on issues such crime, corruption and good governance. It is clear that the verdict does not take into account the functional definition of journalism: an activity that can be exercised by everyone, as highlighted by the UN Human Rights Committee and by the Council of Europe Committee of Ministers.

IRL has been responsible for much of the most high-quality investigative journalism in North Macedonia in the last half decade and has published award-winning investigations. Its reporters are highly professional journalists who, along with other investigative mediums, fulfil a vital watchdog role which is lacking in the wider media landscape.

The recommendation by the judge that the Ministry of Justice shut down IRL therefore represents both an incorrect and dangerous attack on investigative journalism in North Macedonia. This ruling should be overturned as quickly as possible on appeal and legal rulings involving matters of journalistic freedoms should be assessed with full respect for international standards and jurisprudence.

The Association of Journalists of Macedonia (AJM) submitted a complaint to the Judicial Council about Judge Spirovska Paneva for a disciplinary violation over unprofessional and negligent performance of the judicial function. The European Federation of Journalists (EFJ) and the Association of Journalists of Macedonia (AJM) publicly reacted to the court verdict from October 24 and expressed support to the IRL and Cvetkovska.

The MFRR stands ready to offer financial support to cover the legal costs of challenging its ruling in the higher court and calls for increased international attention and solidarity over this worrying attempt to shut down one of North Macedonia’s finest independent media platforms.

Signed by:

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

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

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Turkey: Repeal the “disinformation offence” and overreaching legal amendments

As the Turkish Constitutional Court reviews the constitutionality of the “disinformation offence”, today on 8 November, the Media Freedom Rapid Response (MFRR) partner organisations reiterate their call for the annulment of Article 217/A of the Turkish Penal Code and related legal amendments passed in October 2022 that undermine international standards on the right to freedom of expression and of the press.

Turkish translation available here.

Since its introduction a year ago, the offence of “publicly disseminating misleading information” under Article 217/A, known as the “disinformation offence”, has been weaponized to silence dissent. The broad and vague language of Article 217/A has resulted in at least 33 journalists confronting legal consequences, indicating the article’s potential to stifle legitimate dialogue and critical thought under the guise of curbing “false information.”

Any restrictions to the right to freedom of expression, which is guaranteed by the Article 26 of the Turkish Constitution, must be prescribed by law, must pursue a legitimate aim, be proportionate to the legitimate aim pursued and necessary in a democratic society. The Venice Commission’s urgent opinion on the offence highlighted that the ambiguous manner with which Art. 217/A is worded jeopardises the legality criterion and that it is doubtful the offence is proportionate or necessary in a democratic society considering the chilling effect it would create; making the law incompatible with international standards on the freedom of expression.

The review by the Constitutional Court presents a critical opportunity for Turkey to reestablish adherence to the principles of international human rights law and democratic values. We call upon the Turkish Constitutional Court to acknowledge the incompatibility of Article 217/A with international human rights conventions and to annul this and other restrictive amendments from October 2022.

In solidarity with those who champion free expression and media freedom in Turkey, we will be closely monitoring the Turkish Constitutional Court’s forthcoming hearing today, on 8 November, on the annulment of the “publicly disseminating misleading information” offence.

Background on the October 2022 amendments

In October 2022, the Turkish parliament passed a series of legislative amendments to several laws, including the Turkish Penal Code, the Internet Law and the Press Law. This new “censorship” or “disinformation law” criminalised “spreading false information” while additional provisions have imposed heavy obligations on social media platforms and over-the-top service providers.

Before the October 2022 amendments, Turkish legislation was already placing tight constraints on online platforms, mandating swift compliance with content takedown requests under the threat of substantial penalties. Since the October 2022 changes, social media platforms (SMPs) risk advertising bans, hefty fines that could be as high as 3 percent of their global income, and significant reductions in their bandwidth, or ‘throttling’, if they do not follow government orders. Not adhering to even a single demand for content removal or user information can lead to up to 90 percent throttling of their services and a six-month ban on advertisements.

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: “Dezenformasyon suçu” ve diğer kısıtlayıcı yasal değişiklikler yürürlükten kaldırılsın

ARTICLE 19 Europe ve Medya Özgürlüğü Acil Müdahale (MFRR) paydaşları; Anayasa Mahkemesi’nin “dezenformasyon suçunun” anayasaya uygunluğunu incelediği bugün (8 Kasım), Türk Ceza Kanunu’nun 217/A maddesinin ve Ekim 2022’de kabul edilen ve ifade hürriyeti hakkına ilişkin uluslararası standartları hiçe sayan yasal değişikliklerin iptali çağrısını yinelemektedir.

Bir yıl önce yürürlüğe girmesinden bu yana, “dezenformasyon suçu” olarak bilinen 217/A maddesi kapsamındaki “halkı yanıltıcı bilgiyi alenen yayma” suçu, muhalefeti susturmak için silah olarak kullanılıyor. Madde 217/A’nın geniş ve muğlak dili, en az 33 gazeteciye soruşturma açılmasına neden oldu. Bu durum, maddenin “gerçeğe aykırı bilginin yayılmasını” engelleme kisvesi altında meşru diyaloğu ve eleştirel düşünceyi boğma potansiyeline işaret ediyor.

Türkiye Cumhuriyeti Anayasası’nın 26. maddesi ile düzenlenen ifade hürriyeti hakkına getirilecek her türlü kısıtlama kanunla öngörülmeli, meşru bir amaç gütmeli, güdülen meşru amaçla orantılı olmalı ve demokratik bir toplumda gerekli olmalıdır. Venedik Komisyonu’nun suçla ilgili acil görüşünde, 217/A maddesinin muğlak ifadesinin yasallık kriterini tehlikeye attığı belirtilmiş, fiilin suç olarak düzenlenmesinin yaratacağı caydırıcı etkinin bu düzenlemenin demokratik bir toplumun gereklerine uygun veya güdülen amaçla orantılı olduğunu şüpheye düşürdüğü vurgulanmıştır. Komisyon, bu durumun yasayı ifade hürriyetine ilişkin uluslararası standartlarla bağdaşmaz hale getirdiği kanaatine varmıştır.

Anayasa Mahkemesi tarafından yapılacak inceleme, Türkiye’nin uluslararası insan hakları hukuku ilkelerine ve demokratik değerlere bağlılığını yeniden tesis etmesi için kritik bir fırsat sunmaktadır. Anayasa Mahkemesi’ni 217/A maddesinin uluslararası insan hakları sözleşmeleriyle uyumsuzluğunu kabul etmeye, Ekim 2022’de mevzuata eklenen bu ve diğer kısıtlayıcı değişiklikleri iptal etmeye çağırıyoruz.

Türkiye’de ifade hürriyetini ve medya özgürlüğünü savunanlarla dayanışma içinde, Anayasa Mahkemesi’nde “halkı yanıltıcı bilgiyi alenen yayma” suçunu düzenleyen hükmün iptaline ilişkin bugün (8 Kasım) yapılacak incelemeyi yakından takip edeceğiz.

Ekim 2022’de yapılan yasa değişikliklerinin arka planı

Türkiye Büyük Millet Meclisi; Ekim 2022’de Türk Ceza Kanunu, İnternet Kanunu ve Basın Kanunu da dâhil olmak üzere çeşitli kanunlarda bir dizi değişiklik yaptı. Bu yeni “sansür” veya “dezenformasyon yasası”, “gerçeğe aykırı bilgi yaymayı” suç olarak düzenlerken, sosyal medya mecralarına ve internet servis sağlayıcılarına da ağır yükümlülükler getirdi.

Ekim 2022 değişikliklerinden önce Türkiye’deki mevzuat halihazırda dijital mecralar için ağır kısıtlamalar öngörüyor ve önemli ceza tehditleri altında içerik kaldırma emirlerine hızlı bir şekilde uyulmasını zorunlu kılıyordu. Bu değişikliklerin yürürlüğe girmesinden bu yana, sosyal medya mecraları (SMM’ler), iktidarın emirlerine uymadıkları takdirde reklam yasakları, küresel gelirlerinin yüzde 3’üne kadar çıkabilecek ağır para cezaları ve bant genişliklerinde önemli düşüşler veya “daraltma” riskiyle karşı karşıya bulunmaktadır. Mevcut düzenlemeye göre içerik kaldırılması ya da kullanıcı bilgilerine ilişkin tek bir talebe dahi uyulmaması, bant genişliklerinin yüzde 90’a varan oranda daraltılmasına ve altı aya kadar reklam yasağı almalarına neden olabilmektedir.

Ekim 2022 değişiklikleri hakkında daha fazla bilgi için aşağıdaki kaynakları ziyaret edebilirsiniz:

https://www.article19.org/resources/turkey-dangerous-dystopian-new-legal-amendments
https://freeturkeyjournalists.ipi.media/wp-content/uploads/2023/05/turkey-throttling-the-media-in-crucial-election-year-turkish.pdf

İMZALAYANLAR

ARTICLE 19 Europe
Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
Avrupa Gazeteciler Federasyonu (EFJ)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
Uluslararası Basın Enstitüsü (IPI)

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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

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Media Freedom Groups troubled with the CULT report on…

Media Freedom Groups troubled with the CULT report on the EMFA proposal

Apr 28, 2023

Dear Sabine Verheyen,

We, the undersigned journalists, press freedom, civil society, trade unions, and digital rights groups, are writing to you with regard to the proposed amendments to the draft European Media Freedom Act (EMFA) you have written as the Rapporteur on behalf of the Committee on Culture and Education (CULT).

We thank the rapporteur for the timely drafting and appreciate several amendments in the report, such as the strengthening of the independence of the European Board for Media Services.

However, we are very concerned about many changes that dilute the impact of the proposal , as well as the harmonization effort that drives the EMFA. Moreover, the removal of the explicit reference and guarantee of journalists and editors’ editorial independence throughout the proposal, and the changing of the media pluralism test from mandatory to optional in national rules raise our concern regarding the EMFA’s capacity to adequately protect media pluralism and media freedom in the EU.

Our main critical points are the following:

The removal of almost all references to editorial independence in the proposal and the insertion of media owners’ right to assume a leading editorial role (Art 6.2);
The insertion of VLOPs into the media plurality assessment and the exchange of a mandatory nature for a voluntary one (Art 21); and
The failure to strengthen media ownership transparency rules (Art 6.1).

Editorial independence is an essential pillar of media freedom that helps guarantee the integrity of a media’s journalism and protection against the undue influence of vested interests from political or business groups. The latest scandal surrounding Mathias Döpfner, the CEO of Axel Springer, seeking to interfere in editorial policy of Germany’s largest newspaper underlines the vulnerability of our media to vested interests and the necessity to maintain protections on editorial independence across Europe.

The inclusion of Very Large Online Platforms under the media plurality test under Art 21 should also be removed as it prejudges the methodology to be developed for protecting news media pluralism in Europe. News media plurality cannot be looked at in isolation and VLOPs as with other actors such as advertising companies have a significant impact on the media economy and this is recognised already in the Digital Markets Act (Regulation 2022/1925). However, to insert VLOPs into the EMFA which is primarily focused on a public interest test for news media is premature and ties the hands of the policy experts assigned to develop the media plurality test.

We kindly remind you that the media ownership transparency obligations on media under Article 6.1 should be strengthened as it is only through clear publicly available and verifiable information that the public can make informed decisions about the integrity of the media. This is also a request in the recently published independent research for the CULT Committee on the EMFA. Only this way will we achieve meaningful transparency.

We call on you, dear Sabine Verheyen, and on all CULT members as the lead committee, which has been a reliable and vocal campaigner for media freedoms across the European Union, to stick to your principles and help to improve this act as a regulation so much needed in the EU and beyond.

With kind regards,

Signed by:

Association of European Journalists (AEJ Belgium)
Civil Liberties Union for Europe (Liberties)
Eurocadres
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Global Forum for Media Development (GFMD)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Ossigeno.info
South East Europe Media Organisation (SEEMO)
Society of Journalists, Warsaw
The Daphne Caruana Galizia Foundation

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Multiple journalists threatened and harassed in Serbia, authorities must…

Multiple journalists threatened and harassed in Serbia, authorities must take urgent action

In the past month in Serbia, several journalists have been targeted by serious threats raising fears for their physical safety. Partners of the Media Freedom Rapid Response and the Safe Journalists Network in condemning in the strongest terms the intimidation and often orchestrated campaigns by pro-government media outlets and members of the public to silence journalists.

The undersigned organisations urge the authorities to take the necessary measures to ensure their protection and prevent further threats.

The latest shocking threat reported on 1 December 2022 targeted Nova S TV’s journalist Jelena Obucina. Obucina received messages via Twitter, threatening her with “impalement” and stating she “would be burned”. The chilling text is composed of repeated and meticulously described death threats and threats of sexual violence. The messages were sent after a statement published in the tabloid Alo wrongly accusing Obucina of threatening Serbian President Aleksandar Vučić on television and of making anti-state propaganda.

A few days ago, the home address of Serbian journalist Nenad Kulačin was published on posters pasted in downtown Belgrade. His colleague at the daily newspaper Danas, Marko Vidojković, received more than 20 death threats via social media following a guest appearance on TV Nova S, during which he commented on the FIFA World Cup match between Serbia and Brazil. Several tabloid newspapers published an identical article that targeted and insulted him over his views expressed regarding that match.

On 6 November 2022, Danas’ daily received a threatening email via an unknown Switzerland-based Protonmail email address directed at the newsroom, which listed specific journalists and columnists. The email read that “salvos of bullets” could be fired at them, and that it could “end up” like what happened to journalists of the French satirical paper Charlie Hebdo, who were killed in their offices by terrorists in 2015. The email called the journalists “enemy of the Serbian people”, “traitors” and mentioned the newspaper’s coverage of Kosovo, Montenegro, and the Republika Srpska. Since then, permanent police security has been positioned in front of the editorial offices in Belgrade.

The Safe Journalists Network said that, while the number of cases did not increase above the standard figures recently, the severity of those threats are of great concern: “It is again clear that narrative and negative campaigns that start with statements from high-ranking government officials, usually continued by tabloids, lead to terrible threats from unknown people, especially on social media. We are concerned because such cases and incidents create confusion among citizens, who receive a completely wrong message from government officials and tabloids, that says that journalists are working against their country, that they are targeting the president and senior officials, and that they are actually enemies of Serbia.”

The undersigned organisations urge the Serbian authorities to publicly condemn the threats against the media, thoroughly investigate these cases as well as all reports filed by journalists, and ensure prevention of further attacks by promoting an environment that respects pluralistic opinions and diverging editorial policies.

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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Slovenia: Media freedom groups back legislative efforts to depoliticise…

Slovenia: Media freedom groups back legislative efforts to depoliticise public media

Reform aimed at limiting political interference over RTV SLO faces upcoming referendum challenge.

The undersigned international media freedom and journalists’ organisations today outline their tentative support for reform of the law on Radiotelevizija Slovenija (RTV SLO) and the urgent need to depoliticise the public service media and their oversight bodies amidst continued threats to their independence. Our organisations welcome the initiative of the new coalition government to reduce the influence of politics on the broadcaster’s operations and foster an enabling climate for its public service mission.

Events of the last few years at RTV SLO have provided a clear illustration of why such changes are urgently needed. Under the previous government, leading politicians created an atmosphere of hostility towards public service media, including smears against journalists and aggressive accusations of political bias, as reflected by the 2021 mission report of the undersigned organizations and Slovenia’s fall to 54th place in Reporters Without Borders’ 2022 World Press Freedom Index. This was accompanied by politicised appointments to RTV SLO’s programming council and supervisory board, on occasion through legal yet questionable practices. Politically-affiliated appointees to these two bodies then utilised voting majorities to approve controversial decisions on staffing and programming favourable to the ruling SDS party, particularly at the public television. These appointments of often unqualified candidates or individuals with links to the former government were pushed through despite the widespread criticism.

Since then, directors and management have been accused by staff of axing shows, removing editors, pressuring or reassigning journalists, and attempting to engineer a political shift in news and current affairs programming. Unions representing RTV SLO have repeatedly undertaken strike action to protest what they claim are unjustified infringements on editorial freedom, while repeated calls have been made by the largest journalist unions for the director general and director of television to step down. These near daily internal clashes, which have intensified in recent months, have led to more than 30 staff quitting and resulted in a damaging drop in viewership and a loss of public trust. Recently, 38 members of staff received warnings about the potential termination of their employment due to their public support for colleagues in the studio. Negotiations to resolve the situation remain unsuccessful. This situation jeopardises RTV SLO’s journalistic mission and undermines the public’s right to information.

It is clear to our organisations that efforts are urgently needed to address the root cause of these issues: the disproportionate influence of all forms of politics on RTV SLO’s governance structures. While previous governments have pledged to amend the 2006 law on RTV Slovenija to reduce political representation on the councils, proposals have always fallen away when reality of governing set in. This lack of political will to address the situation has left the RTV SLO at the mercy of political forces and open to successive periods of instability after election cycles. While concerns over independence in management are nothing new, the changes enacted under the previous government have left the broadcaster in the most challenging situation in decades. We therefore welcome the legislative initiative by the new coalition government led by Prime Minister Robert Golob to address this extraordinary situation.

The draft proposals would restructure the two current governing councils into a single, 17-member decision-making body. Appointments to this new Council of RTV would be made by representatives of civil society and RTV SLO employees. The National Assembly, which currently appoints the majority of members, would play no role. Under the reorganised system, the council would be led by a four-member management board, headed by a president, which would oversee financing and programming. Appointments would be made in a staggered manner. If the changes are approved, the mandate of the current members of the current program and supervisory councils, director general director, director of television, and director of the radio would end, though they would continue in their position until the new council is established. Current editors would remain in their posts, except in cases where it is determined that they do not enjoy the confidence of the majority of employees in their editorial team.

Our shared assessment is that overall these draft amendments represent a justified and principled attempt to revise an outdated legislative framework, depoliticise the broadcaster and foster a more enabling environment for the free exercise of RTV SLO’s journalistic mission. If approved, the new system of governance would significantly limit the ability of any government, current or future, to use its parliamentary majority to fill the councils with allies and interfere in the work of public media. The management model outlined is representative and would reflect a broad range of civil society groups.
However, we note that it is regrettable that the Parliamentary Committee for Culture did not first hold a public consultation on the bill or seek review of the draft from the Council of Europe or international media organisations and journalists’ organisations/unions. While we recognise the need to urgently address the situation at RTV SLO, such changes to the legal framework should have been developed in an open and transparent manner and with the full involvement of civil society and journalist organisations. To ensure full functional independence of this new council, it is vital that all candidates meet strict professional criteria, be selected under clear and transparent rules and be committed to ensuring pluralistic and professional programming. Candidates from civil society should not have any direct or indirect links to political parties. It is vital also that the new financial committee will fully operate in the public interest. Questions also remain about the management of the RTV SLO during the transition period. Nonetheless, in our assessment the draft amendments align with European standards on public service media governance and should have an overall positive impact.

The law was adopted by the National Assembly on 14 July 2022. Before any changes are made, the amendment will face a referendum initiated by the opposition on November 27. If passed, this should ensure the stability of RTV SLO in the short term. Even then, it must not be seen as an antidote to all the challenges currently facing public service media. The process of depoliticisation will be long and challenging. It is crucial also that this legislation be accompanied by a secondary bill which provides for long-term sustainable financing and establishes a solid economic foundation for RTV SLO to hire and train a new generation of professional journalists, re-establish public trust and meet the challenges of the future. This accompanying bill must follow quickly and should establish autonomy in editorial decision-making and modernise the organisation of the institution.

This reform is an important first step forward. If passed, this legislative amendment would move towards fulfilling a key recommendation of the European Commission’s Rule of Law report 2022 on Slovenia, which called for stronger mechanisms to enhance independent governance at public service media. Applying these standards would likewise represent a boost for the media freedom credentials of the new government, which made reform of public service media a priority during its election campaign. Our organisations will continue to closely monitor the situation and call for an end to all politically-motivated pressure on the editorial autonomy of the country’s public service media.

Signed by:

Balkan Free Media Initiative (BFMI)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists
Free Press Unlimited (FPU)
International Press Institute (IPI)
Public Media Alliance (PMA)
Reporters Without Borders (RSF)
OBC Transeuropa (OBCT)

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Italy: a call of support for Roberto Saviano, defendant…

Italy: a call of support for Roberto Saviano, defendant in a defamation trial

Members of the Coalition Against SLAPPs in Europe (CASE), with the support of the coalition’s Italian group and Media Freedom Rapid Response (MFRR), express solidarity with Roberto Saviano who attended the first hearing in the proceedings for aggravated defamation initiated against him by current Prime Minister Giorgia Meloni.

We are seriously concerned about the criminal proceedings initiated in 2021 by the current Prime Minister Giorgia Meloni, the leader of Fratelli d’Italia. Under the current provisions on defamation, Roberto Saviano risks imprisonment for his criticism of Meloni during a TV programme.

Such accusations act as a gag on freedom of expression, a fundamental right enshrined in the Italian Constitution and international law. No journalist or writer should be prosecuted for expressing their honest opinion on issues of public interest. A criminal defamation suit is not an acceptable response in a democracy, all the more so when it comes from a high ranking representative of the institution. This threat to Saviano reveals, once again, the degree of the abuse of defamation suits or SLAPPs (Strategic Lawsuits Against Public Participation) in Italy.

The lawsuit for aggravated defamation was initiated by current Prime Minister Meloni in November 2021, in response to comments made by Roberto Saviano during the episode of the TV programme Piazza Pulita which aired on 3rd December 2020. Saviano’s comment was formulated in response to the controversial rhetoric employed in recent years by the two political leaders to describe the migration emergency in the Mediterranean.

In November 2020, the NGO ship Open Arms rescued a number of displaced individuals from a shipwreck, caused by a collapsing dinghy in the Mediterranean Sea. The delayed rescue by the Italian authorities had prevented timely assistance to the survivors who were in dire need of specialist medical care, including a six-month-old infant who later died on the Open Arms. Following Piazza Pulita’s coverage of the investigation on the authorities’ delayed response, Roberto Saviano had referred to both Meloni, the then leader of Fratelli d’Italia and the Lega secretary, Matteo Salvini as ‘bastards’.

The possibility that Roberto Saviano, in his role as a writer and journalist, could incur a prison sentence for expressing his opinion on a politically sensitive issue, such as the treatment of migrants in Italy, once again draws attention to the serious inadequacies of Italian libel laws. The right to freedom of expression is enshrined in Article 21 of the Italian Constitution. Furthermore, international law and jurisprudence of the European Court of Human Rights (ECtHR) guarantees that the right to freedom of expression extends to statements and ideas that may ‘offend, shock or disturb’ and that opinions are entitled to enhanced protection under the guarantee of the right to freedom of expression. Further, the ECtHR has clarified that public figures and, in particular, political actors must tolerate higher levels of criticism and scrutiny given their public position within society, and that in such cases criminal prosecution has a chilling effect and is violating the right to freedom of expression as guaranteed by Article 10 ECHR.

Those who express their opinion on matters of public interest should not fear nor be exposed to intimidation, conviction, or imprisonment. On this last point, the Italian Constitutional Court has made its position clear, urging lawmakers to initiate a general reform of the legislation on defamation that would bring Italian legislation in line with the standards of European and international law. With the ruling of 9 June 2020 and the decision of 22 June 2021, the Court, in line with previous judgments of the ECtHR, declared prison sentences in cases of defamation in the press unconstitutional. However, the provision of prison sentences remains in place for cases of ‘exceptional gravity’. In accordance with such provisions, Saviano still faces a custodial sentence because the formal charge is aggravated defamation.

At the conclusion of the first hearing at the Criminal Court of Rome on 15 November 2022, it was decided that the trial will be re-assigned to a new judge and adjourned to 12 December. The current Minister of Infrastructure, Matteo Salvini, has filed a petition to become a civil plaintiff. The Lega leader has also a pending defamation lawsuit initiated against Roberto Saviano in 2018: its first hearing is scheduled for 1 February 2023. Further, on 28 January 2023 another defamation trial instigated by Gennaro Sangiuliano, current Minister of Culture, awaits Roberto Saviano.

At the end of the first hearing in the Meloni case on 15th November, Saviano reiterated the central role that writers play in a democratic society: “My tools are words. I try, with the word, to persuade, to convince, to activate”. Exiting the courtroom, he argued that: “Democracy is based not only on a consensus that can lead to winning the electoral lottery, but exists if dissent and criticism are allowed. Without such premises there is no democratic oxygen”.

The perilous situation in which Roberto Saviano finds himself must also be taken into account. Life under escort, already a cause of marginalisation for journalists, was only necessary due to threats made against Saviano by organised crime and these threats should not be amplified through further threats made by high ranking politicians.

Joining the dissent expressed by Italian and European journalists’ associations, the undersigned organisations call on Prime Minister Giorgia Meloni to immediately withdraw the charges against Roberto Saviano. We support the recommendation formulated by Italian and European civil society and international organisations to the new parliament to act against vexatious complaints and to quickly adopt a comprehensive reform of both civil and criminal defamation laws in Italy. Finally, we urge Italy to bring forward legislation to tackle the use of SLAPPs in line with the EU Anti-SLAPP Recommendation of 27 April 2022. The Italian Government is also urged to give its full support to the Anti-SLAPP Directive as proposed by the European Commission.

Signed by:

OBC Transeuropa (OBCT)
aditus foundation
Access Info Europe
ARTICLE 19
Articolo21
Blueprint for Free Speech
Center for Spatial Justice
Civic Initiatives
Civil Liberties Union For Europe
Ecojustice Ireland
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Global Witness
Helsinki Foundation for Human Rights
IFEX
Index on Censorship
International Press Institute
Irish PEN/ PEN na hÉireann
Justice for Journalists Foundation
Justice & Environment
Legal Human Academy
Libera Informazione
PEN International
Presseclub Concordia
Reporters Without Borders (RSF)
Solomon
The Daphne Caruana Galizia Foundation
Whistleblowing International Network

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Italy: Concern about prosecutor’s demand for prison sentence for…

Italy: Concern about prosecutor’s demand for prison sentence for three journalists in response to their factual reporting

The undersigned media freedom and journalist associations today express shared concern over an Italian prosecutor’s request for a six-month prison sentence in a case of defamation through the press involving three journalists.

The lawsuit had been filed in response to their reporting on a labour lawsuit associated with a former minister. Prison sentences in cases of defamation through the press have been declared unconstitutional by the Italian Constitutional Court in 2021, except for cases of exceptional gravity. No journalist should face nor fear prison sentences for having published factual information in the public interest.

The lawsuit against the three journalists was initiated in 2014 by Teresa Bellanova, current president of political party Italia Viva who at the time was undersecretary of the Ministry of Labour. The three journalists – Mary Tota from Il Fatto Quotidiano, Danilo Lupo from La7 and Francesca Pizzolante from Il Tempo – were sued for criminal defamation through the press by Bellanova in 2014, for their respective reporting about a labour lawsuit that had been filed against her by a former press officer.

In response to the lawsuit she received, Bellanova initially accused the press officer and the three journalists of complicity in attempted extortion, a charge which was later downgraded to defamation through the press for the journalists. More than eight years later, the defamation trial against the members of the press is not over.

In the latest hearing on 17 October, prosecutor Antonio Zito requested a six months’ prison sentence for each of the three journalists. Their reporting at the time was simply about the filing of the lawsuit and the allegations made, which have since been confirmed by the Lecce Court of Appeal. The next hearing is scheduled for 14 November 2022, when, following the rebuttal of the journalists’ lawyer Roberto Eustachio Sisto, judge Michele Guarini will issue his decision.

The prospect of having to face a prison sentence together with the protracted nature of this lawsuit has inevitably resulted in a chilling effect: this is what has been reported by journalist Danilo Lupo, who admitted that he has been refraining from reporting on any issues related to Bellanova over the past eight years.

The case of the three journalists facing prison sentences draws once more attention to the severe deficiencies in Italy’s defamation laws. According to the Italian criminal code, defamation through the press can be punished with prison sentences from six months to three years. However, in the past two years, the Constitutional Court had made public its position by urging lawmakers to initiate a comprehensive reform of defamation provisions and ruling that incarceration in such cases is unconstitutional and should be envisioned exclusively in criminal defamation cases of “exceptional severity”.

Joining the dissent expressed by Italian journalists organisations, the undersigned media freedom and journalist associations urge the competent authorities to immediately drop their demand for prison sentences for the journalists in the Bellanova case, in line with the pronouncements of the Constitutional Court. We also urge the new parliament to swiftly enact a comprehensive reform of both civil and criminal defamation laws in Italy and emphasise the need to meet European freedom of expression standards. We will continue to monitor the unfolding of the legal proceedings of the Lecce court and call on relevant authorities to react to the case.

Signed by:

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

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Netherlands: Press freedom groups concerned about video with hostile…

Netherlands: Press freedom groups concerned about video with hostile rhetoric by Dutch politician against reporter

The Media Freedom Rapid Response (MFRR) and its partners express today their concerns about hostile rhetoric used against independent journalists by Dutch political party Forum for Democracy (FvD). Such problematic language creates an intimidating climate for public interest journalism, normalises both online and physical targeting of the press, and can lead to self-censorship amongst the journalistic community. We urge the FvD to put an end to its dangerous smear campaign against independent media.

The Media Freedom Rapid Response (MFRR) and its partners express today their concerns about hostile rhetoric used against an independent journalist by Dutch political party Forum for Democracy (FvD). Such problematic language creates an intimidating climate for public interest journalism, normalises both online and physical targeting of the press, and can lead to self-censorship amongst the journalistic community. We urge the FvD to put an end to its dangerous smear campaign against independent media.

On October 23, a 10-minute video called ¨Sewage rats unmasked¨ was published on social media by FvD. The video features Dutch MP Gideon van Meijeren, who posted the video with the accompanying text: “Activists who conduct sewage journalism can no longer get away with their lies, disinformation and fake news. Time for a counterattack.” The video singles out national television channel SBS6´s political reporter Merel Ek, who had asked Van Meijeren a question about the meaning of the word ´liquidate´ a week before. In the video, Van Meijeren says this to be the first episode of a series in which ¨sewage rats¨ are unmasked. He expresses his hope that the unmasking of ¨sewage journalism¨ has a preventative function; ¨Because as long as those journos keep getting away with their disgusting practices, they will continue to do so unabashedly. A confrontation is therefore unavoidable¨. He portrays the political reporter as a ¨sewage journalist¨ and when walking across various press offices comments on the ¨incredible sewage smell¨.

The video is highly intimidating and is detrimental for the safety of journalists in the Netherlands. This hostile political rhetoric against journalists was one of the concerns that gave rise to the MFRR fact-finding mission to the Netherlands in February 2022. It fits in a broader problematic trend in the Netherlands where public figures denounce the free press. In 2021, Partij voor de Vrijheid’s (PVV) party leader Geert Wilders tweeted that ¨all journalists are scum bags – with some exceptions”. FvD´s party leader Thierry Baudet retweeted this. Such rhetoric, combined with increasing polarisation, fraying trust in mainstream news sources and conspiracy theories about the role of the media, contributes to growing anti-press sentiment stewing on social media networks, leading to threats against journalists both online and on the streets. Moreover, the (online) harassment that typically follows can lead to self-censorship. The attacks on the media and journalists were reflected in RSF’s 2022 World Press Freedom Index which ranked the Netherlands 26th as opposed to the 6th place in 2021.

The recent video led to many statements from public officials and the journalistic community. Prime Minister Mark Rutte described the video as an all-time low: “In a democracy, journalists should be able to do their job without being discredited.” Multiple ministers and leaders of political parties have denounced the intimidating rhetoric used in the FvD video. Thomas Bruning, the Secretary of the Dutch Journalists Union (NVJ), has shared serious concerns about the impact this may have on journalistic freedoms, and has expressed the need for a discussion within the journalistic community about how to deal with these forms of intimidation. The NVJ is exploring whether legal steps can be taken.

We welcome swift denunciation of this rhetoric and the vocal support given to the journalist by democratic political officials and figures and the wider journalistic community in the Netherlands. To improve the safety of media staff in the Netherlands moving forward, the MFRR and its partners deem it imperative to identify concrete next steps to ensure that such hostile comments and inflammatory messages, which have proven to be detrimental to the general safety of media outlets and individual journalists, are the subject of thorough investigation by the Dutch authorities. It is crucial that such an investigation is not only limited to the video content itself, but also looks at criminal offenses that can follow in the aftermath of such a video such as online harassment, personal commentary and doxxing. The Dutch authorities must provide transparency about the outcomes of such an investigation, to contribute to the broader discussion.

We also call for the issue to be high on the agenda during the upcoming plenary parliamentary debate on press freedom and the safety of journalists in the Netherlands. Engagement should not be limited to the political sphere, but rather fuel a public debate about the role of the press in the Dutch democracy. Finally, the Dutch Parliament must be a place where journalists can do their jobs freely, without fear of intimidation. We call on the Chairman and members of the Boards of Appeal to explore measures to ensure that the work environment of journalists within Parliament is one without fear of intimidation. Independent political reporters and journalists have a crucial watchdog role in democratic societies and must be able to do their jobs freely, in particular within Parliament. Our organisations stand ready to provide expertise and will continue to monitor the situation closely.

Signed by:

ARTICLE 19 Europe
European Centre for Press and Media Freedom (ECPMF)
Free Press Unlimited (FPU)
International Press Institute (IPI)
Nederlandse Vereniging van Journalisten
OBC Transeuropa (OBCT)
PersVeilig
Reporters Without Borders (RSF)

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Turkey: International delegation condemns passage of disinformation law and…

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

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

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

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

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

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

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

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

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

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

Priorities for action

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

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

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

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

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

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

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

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

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

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

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

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

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

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Turkey: Repeal the “disinformation offence” and overreaching legal amendments

Background on the October 2022 amendments

Türkiye: “Dezenformasyon suçu” ve diğer kısıtlayıcı yasal değişiklikler yürürlükten kaldırılsın

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

Media Freedom Groups troubled with the CULT report on the EMFA proposal

Multiple journalists threatened and harassed in Serbia, authorities must take urgent action

Slovenia: Media freedom groups back legislative efforts to depoliticise public media

Italy: a call of support for Roberto Saviano, defendant in a defamation trial

Italy: Concern about prosecutor’s demand for prison sentence for three journalists in response to their factual reporting

Netherlands: Press freedom groups concerned about video with hostile rhetoric by Dutch politician against reporter

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

Priorities for action

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