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Turkey: Press freedom and freedom of expression groups, media…

Turkey: Press freedom and freedom of expression groups, media outlets and civil society condemn regulator’s decision to shutter Açık Radyo

The MFRR partners, along with 56 press freedom and freedom of expression groups, media outlets and civil society organizations, condemn the official revocation of the terrestrial broadcasting license of independent radio station Açık Radyo by Turkey’s broadcast regulator, RTÜK (Radio and Television Supreme Council). This action marks a severe blow to independent radio broadcasting in Turkey, silencing a platform known for promoting diverse, critical voices and addressing issues of profound public interest.

(Turkish below)

Açık Radyo, an independent and non-profit media organisation founded in 1995, has long been a vital source of free expression in Turkey. Over the past three decades, it has provided an indispensable space for debates on crucial topics ranging from war and peace, environmental and climate struggles to public health, gender equality, and multiculturalism. The decision to revoke its license threatens not only the future of this essential platform but also the broader landscape of independent media in Turkey.

We call on Turkish authorities to fulfil their obligations to protect freedom of the press and expression in line with the Constitution of the Republic of Turkey and the European Convention on Human Rights. We urge the immediate reinstatement of Açık Radyo’s broadcasting license, ensuring that media outlets in Turkey can operate and enable discussion on matters of public interest without fear of reprisal.

 

Request for “stay of execution” rejected

On July 10, the Ankara 21st Administrative Court had decided to suspend the execution of the case in question until a new decision is made, stating that suspension of the program broadcast could cause irreparable damage. RTÜK then objected to this decision of the court. On August 9, the Ankara 10th Regional Administrative Court rejected RTÜK’s objection because there was no violation of the law in the given decision.

 

However, the Ankara 21st Administrative Court, with a new decision, this time ruled to “reject the request for stay of execution”. Açık Radyo will object to this decision within the legal framework.

 

Decision to revoke the license

Turkey’s broadcast regulator had penalised Açık Radyo in May following the statements of a guest who participated in the April 24 broadcast of the program called Açık Gazete, saying, “(…) the 109th anniversary of the deportations and massacres, referred to as genocide, that occurred on Ottoman soil. The Armenian genocide commemoration was banned again this year, as you know.” RTÜK had imposed an administrative fine and a five-day broadcast suspension penalty on the channel under Article 8 of the Radio and Television Broadcasting Law No 6112 for allegedly “inciting the public to hatred and hostility or creating feelings of hatred in society.” Açık Radyo had paid the fine but continued broadcasting. 

 

After evaluating that the conditions specified in the sanction had been violated, RTÜK then decided to revoke Açık Radyo’s broadcasting license in July. However, this decision was not communicated to Açık Radyo at the time due to the ruling for stay of execution. Following the rejection of request for stay of execution in the meantime, the decision to revoke the terrestrial broadcasting license was only notified on October 11. As per the decision, the station’s terrestrial broadcasting was shut down on October 16 at 13:00.

 

Açık Radyo, an independent and non-profit media organisation launched in 1995, invited all its listeners, professional organisations, and the international public to support them against this decision.

 

Censorship of independent media and threat to freedom of information

The decision by Turkey’s broadcast regulator to revoke Açık Radyo’s license has significant implications for media freedom and public access to information. A terrestrial broadcasting license allows a station to transmit audio content via radio waves. With this decision, Açık Radyo will no longer be able to broadcast on the 95.0 FM frequency. This action effectively limits the station’s ability to reach its audience through traditional radio channels, restricting the public’s access to diverse viewpoints and information.

 

The revocation of Açık Radyo‘s terrestrial broadcasting license, as the station approaches its 30th anniversary in November 2024, represents a serious escalation in Turkey’s efforts to suppress independent media and is in direct violation of the exercise of the right to freedom of expression as protected under Turkey’s Constitution and the European Convention on Human Rights. The station’s closure would deprive the society in Turkey of a unique, independent voice committed to pluralism.

 

As undersigned press freedom and freedom of expression groups, media outlets and civil society organisations, we call on RTÜK to uphold its mandate to protect media pluralism and freedom of expression, immediately reverse its decision to revoke Açık Radyo’s broadcasting license and to cease its censorship of critical and independent outlets like Açık Radyo.

Signed by:

  • International Press Institute (IPI)
  • AGOS
  • Aposto
  • Apoyevmatini
  • Aras Publishing
  • ARTICLE 19 Europe
  • Articolo 21
  • Aso Press
  • Association of Journalists (Ankara)
  • BirGün Newspaper
  • Botan International
  • Citizens’ Assembly
  • Civic Space Studies Association
  • Coalition For Women In Journalism (CFWIJ)
  • Committee to Protect Journalists (CPJ)
  • Danish PEN
  • Democracy Now!
  • Dicle Fırat Journalists Association (DFG)
  • Diken
  • dokuz8HABER
  • Dünya Mirası Adalar
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Fayn
  • Foreign Media Association Turkey (FMA)
  • Freedom House
  • Gazete Duvar
  • IFEX
  • International Federation of Journalists (IFJ)
  • IPS Communication Foundation / Bianet (IPS/BIA)
  • İstos Publishing
  • Journalists’ Union of Turkey (TGS)
  • Journo.com.tr
  • Kaos GL
  • Kapsül
  • Marksist.org
  • Media and Law Studies Association (MLSA)
  • Media and Migration Association (MMA)
  • Media Research Association (MEDAR)
  • Mesopotamia Women Journalists Association (MKG)
  • Munzur Press
  • Olmaz Media
  • Osservatorio Balcani Caucaso Transeuropa (OBCT)
  • P24 Platform for Independent Journalism
  • PEN America
  • PEN Canada
  • PEN International
  • PEN Norway
  • PEN Sweden
  • Podfresh
  • Progressive Journalists Association (PJA)
  • Scrolli
  • Southeastern Journalists Association (GGC)
  • South East Europe Media Organisation (SEEMO)
  • T24
  • Teyit
  • The Four-Legged City: Urban, Nature, Animal Studies Association
  • Velvele.net
  • Voys Media
  • Yapay Gündem
  • Women Press Freedom
READ MORE

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

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Türkiye: Basın ve ifade özgürlüğü, medya ve sivil toplum kuruluşları, RTÜK tarafından Açık Radyo’nun karasal yayınının kesilmesini kınıyor

Uluslararası Basın Enstitüsü (IPI), aşağıda imzası bulunan 60 basın ve ifade özgürlüğü, medya ve sivil toplum kuruluşuyla birlikte, Türkiye’nin yayın düzenleyicisi RTÜK’ün bağımsız radyo istasyonu Açık Radyo’nun karasal yayın lisansını resmi olarak iptal etmesini kınıyor. Çeşitli ve eleştirel sesleri öne çıkarmasıyla ve kamuoyunu ilgilendiren konuları aydınlatmasıyla bilinen Açık Radyo’nun susturulması Türkiye’de bağımsız radyo yayıncılığına ağır bir darbedir.

1995’te kurulan bağımsız ve kâr amacı gütmeyen bir medya kuruluşu olan Açık Radyo, uzun zamandır Türkiye’de ifade özgürlüğünün hayati bir kaynağı olmuştur. Son otuz yıldır, savaş ve barıştan, çevre ve iklim mücadelelerine, halk sağlığına, cinsiyet eşitliğine ve çok kültürlülüğe kadar uzanan önemli konulardaki tartışmalar için vazgeçilmez bir alan sağlamıştır. Radyo ve Televizyon Üst Kurulu’nun (RTÜK) kararı yalnızca bu elzem platformun geleceğini değil, aynı zamanda Türkiye’deki bağımsız medyanın varlığını da daha fazla tehdit etmektedir.

Türkiye’deki yetkilileri, Türkiye Cumhuriyeti Anayasası ve Avrupa İnsan Hakları Sözleşmesi doğrultusunda basın ve ifade özgürlüğünü koruma yükümlülüklerini yerine getirmeye ve Açık Radyo’nun lisansını iade etmeye çağırıyoruz. Türkiye’deki medya kuruluşları, kamuyu ilgilendiren konularda yaptırım korkusu olmaksızın tartışmaya olanak sağlamakta özgür olmalıdır.

“Yürütmenin durdurulması” talebi reddedildi

10 Temmuz’da Ankara 21’inci İdare Mahkemesi, program yayınının durdurulmasının telafisi güç zarar doğurabilecek nitelikte bulunduğundan, yeni bir karar verilinceye kadar, dava konusu işlemin yürütmesinin durdurulmasına karar vermişti. Mahkemenin bu kararına karşı RTÜK itiraz etmişti. 9 Ağustos’ta ise Ankara Bölge 10’uncu İdare Mahkemesi, verilen kararda yasaya aykırılık bulunmadığı için RTÜK’ün itirazını reddetmişti.

Ancak Ankara 21’inci İdare Mahkemesi yeni bir karar ile bu kez “yürütmenin durdurulması isteminin reddine” karar verdi. Açık Radyo yasal çerçevede bu karara itiraz etmeye hazırlanıyor.

Lisans iptali kararı

RTÜK, Açık Radyo’da Açık Gazete adlı programın 24 Nisan tarihli yayınına katılan konuğun “(…) Ermeni, yani Osmanlı topraklarında gerçekleşen tehcir ve katliamların, soykırım olarak adlandırılan katliamların 109. Yıldönümü, sene-i devriyesi. Bu yıl da yasaklandı biliyorsunuz Ermeni soykırım anması” şeklindeki ifadelerinin ardından Mayıs ayında Açık Radyo’ya ceza vermişti. RTÜK, radyoyu Radyo ve Televizyonların Kuruluş ve Yayın Hizmetleri Hakkında 6112 Sayılı Kanun’un 8. maddesi uyarınca “toplumu kin ve düşmanlığa tahrik etmek veya toplumda nefret duyguları oluşturmak” iddiasıyla idari para cezası ve beş günlük yayın durdurma cezasına çarptırmıştı. Açık Radyo, para cezasını ödemiş ancak yayına devam etmişti.

RTÜK, yaptırımda belirtilen koşulların ihlal edildiğini değerlendirdikten sonra Temmuz ayında Açık Radyo’nun yayın lisansını iptal kararı almıştı. Fakat bu karar, Açık Radyo’ya tebliğ edilmemişti. Yürütmeyi durdurma talebinin reddedilmesinin ardından karasal yayın lisansı iptali kararı ancak 11 Ekim’de tebliğ edildi. Karar doğrultusunda karasal yayın 16 Ekim saat 13:00 itibariyle kesildi.

https://www.instagram.com/reel/DBEdfr-MWwy/?igsh=cmMwaHlsbXNvb3li

1995 yılında kurulan, bağımsız ve kâr amacı gütmeyen bir medya kuruluşu olan Açık Radyo, tüm dinleyicilerini, meslek örgütlerini ve uluslararası kamuoyunu bu karara karşı kendilerine destek olmaya davet etti.

Bağımsız medyaya yönelik sansür ve bilgi edinme hakkına tehdit

Türkiye’nin yayın düzenleyicisi RTÜK’ün Açık Radyo’nun lisansını iptal etme kararı, medya özgürlüğü ve halkın bilgiye erişimi açısından önemli sonuçlar doğurmaktadır. Karasal yayın lisansı, bir istasyonun radyo dalgaları aracılığıyla ses içeriği iletmesine olanak tanır. Bu kararla birlikte, Açık Radyo artık 95.0 FM frekansında yayın yapamayacak. Bu karar, istasyonun geleneksel radyo kanalları aracılığıyla dinleyicilerine ulaşmasını etkili bir şekilde sınırlayacak ve halkın farklı görüş ve bilgilere erişimini kısıtlayacaktır.

Açık Radyo‘nun karasal yayın lisansının radyonun Kasım ayında 30. yayın yılına yaklaşırken iptal edilmesi, Türkiye’nin bağımsız medyayı susturma çabalarında ciddi bir tırmanışı temsil etmektedir. Bu karar, Türkiye Anayasası ve Avrupa İnsan Hakları Sözleşmesi tarafından korunan ifade özgürlüğünün doğrudan ihlâli niteliğindedir. Çok sesliliğe adanmış bağımsız bir platform olan Açık Radyo’nun kapatılması, toplumu benzersiz ve bağımsız bir sesten mahrum bırakacaktır.

Aşağıda imzası bulunan basın ve ifade özgürlüğü, medya ve sivil toplum kuruluşları olarak, RTÜK’ü medyada çoğulculuğu ve ifade özgürlüğünü koruma görevini yerine getirmeye davet ediyoruz. Açık Radyo’nun yayın lisansının iptaline yönelik kararını derhal geri çekmesini ve Açık Radyo gibi eleştirel ve bağımsız kuruluşlara yönelik sansüre son vermesini talep ediyoruz.

İmzalayanlar

  • Uluslararası Basın Enstitüsü (IPI)
  • AGOS
  • Aposto
  • Apoyevmatini Gazetesi
  • Aras Yayıncılık
  • ARTICLE 19 Avrupa
  • Articolo 21
  • Aso Press
  • Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
  • Avrupa Gazeteciler Federasyonu (EFJ)
  • BirGün Gazetesi
  • Botan International
  • Çağdaş Gazeteciler Derneği (ÇGD)
  • Danimarka PEN
  • Democracy Now!
  • Dicle Fırat Gazeteciler Derneği (DFG)
  • Diken
  • dokuz8HABER
  • Dört Ayaklı Şehir: Kent, Doğa, Hayvan Çalışmaları Derneği
  • Dünya Mirası Adalar
  • Fayn
  • Freedom House
  • Gazete Duvar
  • Gazeteciler Cemiyeti (Ankara)
  • Gazetecileri Koruma Komitesi (CPJ)
  • Gazetecilikte Kadın Koalisyonu (CFWIJ)
  • Güneydoğu Gazeteciler Cemiyeti (GGC)
  • Güney Doğu Avrupa Medya Örgütü (SEEMO)
  • IFEX
  • IPS İletişim Vakfı / Bianet (IPS/BIA)
  • İstos Yayın
  • Journo.com.tr
  • Kaos GL
  • Kapsül
  • Marksist.org
  • Medya Araştırmaları Derneği (MEDAR)
  • Medya ve Göç Derneği (MGD)
  • Medya ve Hukuk Çalışmaları Derneği (MLSA)
  • Mezopotamya Kadın Gazeteciler Derneği (MKG)
  • Munzur Press
  • OBC Transeuropa (OBCT)
  • Olmaz Media
  • PEN Amerika
  • PEN İsveç
  • PEN Kanada
  • PEN Norveç
  • Podfresh
  • Punto24 Bağımsız Gazetecilik Derneği
  • Scrolli
  • Sivil Alan Araştırmaları Derneği
  • Teyit
  • Türkiye Gazeteciler Sendikası (TGS)
  • T24
  • Uluslararası Gazeteciler Federasyonu (IFJ)
  • Uluslararası PEN
  • Velvele.net
  • Voys Media
  • Yabancı Medya Derneği (FMA)
  • Yapay Gündem
  • Yurttaşlık Derneği
  • Women Press Freedom
READ MORE

Bu açıklama, Avrupa Komisyonu tarafından finanse edilen ve AB Üye Devletleri ile aday ülkelerdeki basın ve medya özgürlüğü ihlâllerini belgeleyen Avrupa çapında bir mekanizma olan Medya Özgürlüğü Acil Müdahale (MFRR) kapsamında Uluslararası Basın Enstitüsü (IPI) tarafından hazırlanmıştır.

MFRR 3 consortium logos
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Media freedom coalition calls for an end to Spain’s…

Media freedom coalition calls for an end to Spain’s repressive “Gag Law”

The undersigned Media Freedom Rapid Response (MFRR) organisations call on the Spanish government to fully repeal the so-called “Gag Law” as part of its announced “democratic regeneration” efforts. While we welcome the initial proposed changes to the law, these fall short of the full repeal necessary to protect free expression in Spain.

In Spain, despite an overall positive assessment of media freedom from the European Commission in its latest rule of law report, a problematic decade-old law still hinders journalists’ ability to perform their work duties. 

 

In July, Prime Minister Pedro Sánchez announced his intention to pass a “democratic regeneration” reforms package, intended to enhance the national media landscape. Critically, these reforms fail to address the urgent need to repeal the infamous Citizen Security law, nicknamed the “Gag Law” by its critics since before its passing. This law, problematic in many aspects, continues to be a significant barrier to press freedom and must be repealed – not merely modified.

 

A decade of muzzled journalism in Spain

The so-called Ley Mordaza (“Gag Law”), formally known as the Organic Law 4/2015 on Citizen Security, was passed by the conservative Popular Party (PP) despite widespread opposition. The law grants extensive powers to law enforcement and imposes high fines for a range of acts, including resisting or disrespecting authorities, refusing to identify oneself to the authorities, and the unauthorized dissemination of images of police officers during operations.

 

From the outset, press freedom and free expression groups have criticised the law’s vague language for fear that its provisions could be used to target journalists, especially during the coverage of public protests or acts of civil disobedience. These fears have been borne out in practice, with numerous journalists fined, in particular photojournalists in relation to publishing images of police officers as part of their journalistic work, and creating a chilling effect.

 

Notable cases include El País photojournalist Albert García, who faced a prison sentence, then a fine, before being ultimately acquitted in November 2021. Overall, over the past decade, the Ley Mordaza has reportedly resulted in a total of nearly 300,000 sanctions.

 

Despite attempts at reforms, disagreements on key aspects of the law have prevented further discussion in Parliament. The Spanish Constitutional Court also upheld most of the law in 2021, except for a modification to Article 36.23 regarding the unauthorized use of police officers’ images – which since then is no longer a “grave” infraction.

 

Why new proposals miss the mark

The new proposed amendment by ruling parties PSOE and Sumar requires that the disseminated images present a “verifiable” risk to State security forces, which has to be detailed in a police report. While the government’s planned modification suggests that “the mere taking of images in public places and demonstrations, or their mere dissemination, will not constitute an infraction”, this reform is insufficient.

 

While this reform is a step in the right direction, the law continues to include overly broad provisions that can interfere with journalists’ ability to freely cover events in the public interest. This is particularly concerning as the Ley Mordaza enforces a disproportionate sanctioning system, which risks discouraging the exercise of fundamental rights such as freedom of expression and media freedom, protected by the Spanish Constitution.

 

The repeal of the “Gag Law” has been a long-time promise of Sánchez’s government, which is now time to enact. The MFRR members urge the Spanish government to fully repeal the Ley Mordaza to align its legislation with international standards. 

 

The bill conflicts with Spain’s commitments to human rights and press freedom as a member of the European Union. Our consortium stresses that only a complete repeal will ensure that the law does not continue to undermine the essential role of the press in a democratic society, as it has been for almost a decade.

Signed by:

  • International Press Institute (IPI) 
  • ARTICLE 19 Europe 
  • Free Press Unlimited (FPU) 
  • The European Federation of Journalists (EFJ)

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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2024 Rule of Law Report: Media freedom organisations urge…

2024 Rule of Law report: Media freedom organisations urge the EU to enforce stronger safeguards

The Media Freedom Rapid Response (MFRR) coalition welcomes the publication of the 2024 European Commission’s rule of law report. Despite progress made in some areas, the report shows that press freedom remains under threat in Europe. We urge Member States and the European Union to intensify their efforts to uphold media freedom, and reinforce their roles in safeguarding this pillar of democracy.

The release of the fifth annual rule of law report, the last one during the Commission’s current term, provides a critical opportunity to evaluate press freedom and democratic governance across EU Member States. 

 

We warmly welcome the fact that the media situation in the candidate countries will progressively become part of the report. We hope that the inclusion of Albania, Montenegro, North Macedonia, and Serbia – four countries that the MFRR is closely monitoring – in this year’s publication will support and hold these enlargement countries accountable in their democratic progress.

 

Alarmingly but not unexpectedly, the latest rule of law report testifies to the severe decline in press freedom and media pluralism that Europe is experiencing. MFRR partners continue to support the rule of law report as a valuable tool, recognizing its vital role of empowering Member State governments to promote and enforce international standards. But as media and journalists confront escalating threats, it is vital that the Commission’s assessment translates into concrete, bold and firm actions to protect media freedom and independent journalism. 

 

Our coalition therefore calls for a poignant response from the Commission in terms of accountability. The MFRR analysis of the report highlights the following action points:

 

A critical need for systematic enforcement

While some countries have taken steps to improve journalists’ safety and working environments, supported by recently-adopted initiatives like the European Media Freedom Act and the anti-SLAPP directive, the report takes into account the ongoing and, in some cases, worsening issues that the MFRR has been consistently denouncing and that demand immediate attention. In Slovakia, for instance, the return of Robert Fico to government was accompanied by increasing verbal attacks on the press, a pattern that has only escalated following the Prime Minister’s assassination attempt. At the same time, cyber attacks against independent media are becoming more and more prominent, particularly in Hungary, while Italy saw a notable increase in documented legal threats.

 

We regret that a comprehensive assessment of the implementation of these new laws and directives is missing in the recommendations, as this is essential for effectively turning policy into reality. The European Commission notes that 32% of its previous recommendations have not been acted upon by Member States, and in certain areas the situation for journalists even further deteriorated. Hungary, for instance, has regretfully made no progress in implementing any of the recommendations laid down by the Commission last year, while media freedom in both Slovakia and Italy is further eroding. Therefore, a systematic approach or dedicated unit within DG JUST for monitoring and enforcement appears as an urgent necessity. 

 

Shortcomings in actionable recommendations

The MFRR finds the report is still lacking actionable recommendations and concrete follow-up mechanisms. The inclusion of detailed country-specific assessments is a non-negligeable positive step, but we advocate for more intersectional analyses and in-depth human rights reviews. For instance, there is still no indication of a specific mechanism for reporting violations to the Commission, or supporting civil society actors facing restrictions in their work to uphold media freedom. 

 

Prioritise journalist safety

We are pleased that the MFRR’s monitoring results have been acknowledged and referenced in the report. However, we regret that the alarming trend of physical and digital harassment and assaults on journalists and media workers, which remains high, has not been given more prominence. 

 

Statements from affected individuals highlight the significant psychological impact of these incidents, creating a chilling effect on reporting crucial issues. While such cases are addressed in individual country chapters and the report notes a disturbing trend of distrust and hostility towards journalists, an overview of these trends at a transnational level is missing.

 

Our coalition is concerned that some conclusions appear somewhat complacent, such as the passing references to a drop in physical assaults on journalists following the lifting of COVID-19 restrictions or the mention of national action plans intended to counter such assaults. We therefore recommend placing a stronger emphasis on journalists’ safety as a category of analysis in the 2025 rule of law report.

 

Political compromises risk eroding the report’s goals

Troublingly, some media reports have suggested that the rule of law’s initial drafts were more critical but that political considerations softened the final text. These reports, together with delays in publication, raise questions about the Commission’s credibility and commitment to transparency and urgency in addressing rule of law issues, and could undermine the report’s impact.

 

Key findings: media governance, ownership transparency, assaults and legal threats

On 15 January 2024, MFRR consortium partners Free Press Unlimited (FPU), International Press Institute (IPI) and the Osservatorio Balcani Caucaso Transeuropa (OBCT) filed detailed submissions to the rule of law report on the topic of media freedom and pluralism in Hungary, Greece, Italy, Netherlands and the Czech Republic. 

 

Regarding the 31 analysed countries’ situation, we appreciate the European Commission publication’s attention to our contributions and for acknowledging that:

 

Independent governance of public service media is at risk in many countries, where the broadcasters are not sufficiently protected against political interference. Including through its recent mission to Rome, the MFRR coalition has been raising awareness on how Italian public broadcaster RAI has become the latest protagonist of ongoing media capture by Meloni’s government. Slovakia is another blatant case of concern for both the MFRR and the Commission, in which no progress on enhancing the editorial independence of public media has been made.

 

Transparency of media ownership should also be enhanced across Europe to prevent conflicts of interest. It is worth noting the Commission’s concern regarding France about the lack of progress on this topic, which has also been linked to coordinated disinformation campaigns, particularly ahead of elections.

 

State advertising allocation is still not fair and transparent everywhere, prompting an additional risk of undue influence on media outlets. The MFRR has previously underscored how in Romania, some political parties have exponentially increased their financing of private media for political advertising. We have also brought to the Commission’s attention that the channelling of state resources to pro-government media continues to prevent a level playing field in Hungary.

 

Journalists’ protections from threats and violence, ensuring their ability to work freely, are not enough. Malta, Greece, Italy, and Slovakia in particular have made insufficient progress towards guaranteeing the safety of journalists, both physical and against abusive lawsuits. Concerning Greece, the report noted the increase in penalties for defamation despite its decriminalisation in the country’s new Penal Code, and our advocacy work on the lawsuit brought against journalists that reported on the spyware case. Generally, online abuse and online threats against journalists, specifically female journalists, remain a pressing issue.

 

Democratic backsliding is happening in Hungary and other countries, highlighting the pressing need for follow-up by the Commission with Member States in strengthening their commitment to the rule of law. About Italy, the EU Commission report speaks explicitly of a risk of a tangible restriction on the right of citizens to be informed and journalists to be able to do so. The Malta chapter media section mentions “no progress” has been made more often than “some progress”, making it clear that the country has not comprehensively improved the situation for journalists since Daphne Caruana Galizia’s assassination. Only two recommendations from the Public Inquiry Report have been implemented, with the white paper still not being published, and the government’s proposed media legislation currently frozen in the Maltese Parliament. 

 

The EU and its members must reinforce democracy by protecting media

The 2024 rule of law report shows how, even in countries with strong democratic traditions, press freedom is not an acquis and repeated violations risk escalating into a systemic crisis. At a time when media freedom principles are increasingly deteriorating across Europe, it is more necessary than ever for the rule of law report to be critical, specific, and linked to enforcement tools. 

 

Our coalition stresses the need for robust measures from the EU to uphold press freedom and pluralism. The members of the MFRR stress the following urgent needs:

  • Above all, journalist safety from physical and legal threats must be prioritized. To do so, we recommend to include safety and digital safety of journalists as a separate category in future rule of law reports. 
  • In light of widespread political influence on public service media, lack of transparency on media ownership and State advertising, we advocate for the development of a mechanism allowing the EU to challenge legislation not compliant with European standards.
  • We encourage the Commission to give more actionable recommendations to Member States, including a specific mechanism for reporting violations in future reports, as well as for supporting civil society stakeholders facing obstacles in their work to uphold media freedom across Europe.

It is imperative that both national governments and the EU take a proactive stance in monitoring violations and addressing the highlighted gaps urgently.

Signed by:

  • International Press Institute (IPI) 
  • The European Federation of Journalists (EFJ) 
  • ARTICLE 19 Europe 
  • Free Press Unlimited (FPU) 
  • The European Centre for Press and Media Freedom (ECPMF) 
  • 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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Behind bars for fake news: Imminent threat to media…

Behind bars for fake news: Imminent threat to media freedom in Cyprus

The Media Freedom Rapid Response (MFRR) strongly condemns a legislative proposal in Cyprus that threatens press freedom under the guise of combating disinformation. This amendment, which criminalises “fake news” and imposes harsh penalties, risks stifling independent journalism and encouraging self-censorship. Our international consortium calls on authorities to align with international human rights standards, promote media ethics, and protect freedom of expression, instead of exerting media control.

These provisions could have a profound chilling effect, leading to widespread self-censorship among media professionals, civil society organisations, activists, and ordinary citizens. Additionally, the ambiguity and contested nature of what constitutes “fake news” exacerbates the potential for arbitrary enforcement, with the risk of those in power ending up repressing legitimate dissent and criticism. 

 

The existence of such vague laws, and their exponential adoption in recent years worldwide, has often been a tool for political control over information rather than one to enhance its quality. Evidence shows that laws against disinformation have repeatedly been exploited by repressive authorities to influence the public opinion on what is considered to be true or false, offensive, dangerous or seditious. Under the proposed law, Cyprus’ Attorney General would have the power to determine what constitutes defamation, which will be reclassified from a civil offense to a criminal one.

 

We oppose the statement of Cyprus’ Deputy Attorney General Savvas Angelides, who claims a need for “drawing the line between freedom of speech and recklessness.” The international community, including the European Union, the Council of Europe, and the United Nations, consistently condemns the criminalisation of fake news. 

 

Likewise, the European Court of Human Rights and the UN have emphasized that prohibitions on false information are incompatible with the right to freedom of expression. The recently enacted Digital Services Act (DSA) and the European Media Freedom Act (EMFA) – if effectively implemented – both provide Cyprus a framework for addressing disinformation without resorting to criminal penalties. 

 

We are also alarmed that similarly, the local administration in Northern Cyprus approved a package of amendments to the penal code and related laws on 20 May. These broaden the definition of “malicious intent”, criminalising activities such as publishing “false news” and insulting state officials, resembling repressive measures seen in Turkey.

 

The MFRR calls on the Cypriot Parliament to reconsider the proposed amendments, aligning legislative efforts with international human rights standards and best practices. We urge authorities to avoid stifling legitimate journalistic work and to adopt non-repressive mechanisms to enhance the media landscape, such as reinforcing media ethics, promoting public service media, and fostering media pluralism.

 

We further encourage lawmakers to listen to and address the concerns of the journalistic community, so that the constitutionally guaranteed right to freedom of expression and investigative journalism in Cyprus is protected.

 

Excessive monetary fines, imprisonment, content controls and corrections all pose significant threats to press freedom, and have no place in laws on media regulation. We stand firm in solidarity with Cypriot journalists in opposing these regressive measures.

Signed by:

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

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. 

Kosovo media law Library

Kosovo’s media law enables political capture of media regulatory…

Kosovo’s media law enables political capture of media regulatory body

The undersigned Media Freedom Rapid Response (MFRR) consortium partners express deep alarm over the passage of a new media law by the Kosovo Parliament this month. We share local and international concerns that this law does not meet international standards on free expression and threatens media freedom, including by granting the authorities greater control over media regulation.

The MFRR has previously joined civil society organisations in Kosovo in raising alarms over the law for the Independent Media Commission (IMC). Critics have seen the proposed legislation as an attack on the media, expressing worries that the ruling party may use this law to censor them. Now, this risks becoming a reality, with potentially dire consequences for media freedom and independence.

 

In December last year, the draft law was first adopted by the Kosovo government, led by the party Lëvizja Vetëvendosje (LVV). Ignoring local and international criticism, on 7 March 2024 the Vetëvendosje-run Assembly approved the legislative proposal in its first reading. On 11 July, the Kosovo Parliament passed the media law despite contrary advice from the Council of Europe, European Union, OSCE, and other organizations.

 

On 19 July, opposition parties Kosovo Democratic Party and Democratic League of Kosovo challenged the law before the Constitutional Court. The Association of Journalists of Kosovo has asked Kosovo’s President, Vjosa Osmani (aligned with LVV), to form an opinion about the IMC law and to share it with the public. She has been silent so far.

 

Main concerns about the law are related to potential impact on media pluralism, independence, and the broader regulatory landscape governing media outlets in the country. The proposed legislation includes several controversial provisions:

 

  • Greater political Influence on the regulatory body: established by law as an “independent body for regulation, management, and oversight of the broadcasting frequency spectrum”, the IMC is nevertheless already subject to political influence. As they are elected by the Kosovo Parliament (where LVV currently holds 51% of the seats), IMC members often serve their own political agenda. The expansion of the IMC board from 7 to 11 members, the increase of their mandate for up to eight years, and the Parliament’s possibility of dismissing the board, in case it loses its confidence, all planned in the bill, will increase the potential for political capture, enabling even greater governmental influence over media regulation. At the same time, the Press Council of Kosovo (which consists of media representatives) will be weakened since part of online media will be regulated by IMC.
  • Registration of online media: the new law requires IMC to register media based on a new definition of online media that does not exist in EU law, according to the Council of Europe’s legal opinion. This creates legal uncertainty for online media outlets.
  • Fines for violating the rules under the new bill: the legislative proposal set fines ranging from €200 to €40,000 for media outlets that violate its provisions, but lacks specificity regarding which offense corresponds to which exact amount. This raises concerns about arbitrary and excessive penalties that could silence dissenting voices.
  • Removal of gender equity clause: the draft law scraps the previously existing requirement for at least two women on the IMC board, violating the 2015 Law on Gender Equality and raising further worries about representation in media.

The law was passed without incorporating key recommendations from international organizations, prompting concerns about Kosovo’s commitment to maintaining European standards for media freedom. Particularly, the EU and OSCE have raised issues about the law’s impact on the composition, role, and responsibilities of the IMC, as well as its expanded powers over social media. Additionally, the CoE criticised the lack of legal clarity within the provision, proportionality of measures, and deviations from the EU acquis.

 

Legislative changes must be made with genuine involvement of the media sector’s associations and representatives. We thus hope that  the Constitutional Court will assess the new bill in light of the constitutional provisions on the right to freedom of expression and protection of media freedom and independence, as well as international and regional human rights standards. We urge the Court to use its mandate to repeal the law and protect fundamental rights. At the same time, we call upon President Osmani to publicly condemn the law and reiterate her commitment to promote and preserve media freedom in Kosovo.

Signed by:

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

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

Melita Vrsaljko Library

Croatia: Faktograf journalist Melita Vrsaljko physically assaulted twice in…

Croatia: Faktograf journalist Melita Vrsaljko physically assaulted twice in a week

The undersigned organisations express deep concerns about the physical attacks targeting Melita Vrsaljko, a journalist working for the Croatian fact-checking website Faktograf.hr and the Climate Portal. Vrsaljko was assaulted twice in the same week, in the street and at her home in Nadin due to her journalistic work. We urge the Croatian authorities not to let these unprecedented attacks go unpunished.

On 15 July 2024, journalist Melita Vrsaljko and a freelance camera operator were working on a documentary co-produced by the Climate Portal, which focused on climate change and waste. While on assignment, they were attacked by an elderly man after passing near his land, which Vrsaljko said had become an emerging illegal waste dump in Nadin. According to the journalist, the man suddenly ran towards them, first threatening the camera operator to damage his camera. The operator reportedly had his camera switched off and was not filming at the time.

 

Vrsaljko, who had identified herself as a journalist, was physically assaulted by the man, who reportedly grabbed her arm and snatched her mobile phone. In self-defence, the journalist reported she had no choice but to kick him to free herself and call the police. Police officers of the Benkovac-Obrovac Police Station intervened on site and considered the incident as a misdemeanor against Public Order and Peace (no criminal offence established) with both the journalist and the attacker equally guilty. The police issued an order for both to stay at least 50 meters away from each other. Vrsaljko stated on her social media that the man attacked her first, based on a short video of him running towards her, which she later published.

 

The following day, Vrsaljko was subjected to a second physical attack, this time in her home. The assailant was the initial attacker’s daughter, Iva Perić, a 36-year-old woman who had been harassing Vrsaljko throughout the day with numerous phone calls and messages, demanding that she delete the footage of her father. Despite Vrsaljko’s assurances that she had no intention of writing about the attack, Perić continued harassing her, and the altercation escalated into a physical assault, which left the journalist injured.

 

“Three hours after her last message, Iva Perić knocked on my door. Thinking it was my mother, I opened the door. After snatching my mobile phone and threatening to delete the footage of her father, she pulled my hair and strangled me,” Vrsaljko told the MFRR partners. “I was forced to bite her hand until it bled to push her away, grab my phone back and call the police,” the journalist added. The Croatian Journalists’ Association (CJA) said that police authorities,  whom the journalist called immediately after the incident, failed to recognise her journalistic work as the motive behind the attack, declaring once again the aggression as a misdemeanor.

 

Vrsaljko sustained bruises and scars from the fight, as well as throat pain from the strangulation. According to her lawyer, the journalist will file a criminal complaint for both attacks she was a victim of with the Zadar State Attorney’s Office.

 

Both attackers are related to Dario Vrsaljko, a councilor in the Zadar County Assembly. All three are distant relatives of the attacked journalist. Despite sharing the same surname, the journalist says she had no personal contact with them and was targeted only for her work.

 

“For years, Faktograf – Association for the Informed Public, has endured violent threats. Our journalists have been repeatedly subjected to harassment and attacks, yet this physical assault on Melita Vrsaljko in her own home marks an unprecedented and appalling escalation of violence,” Faktograf declared on its news portal.

 

Croatian journalists are not often subjected to physical attacks, in comparison to some other EU member states and candidate countries. Since 1 January 2023, only two physical attacks have been recorded on the Media Freedom Rapid Response (MFRR) platform. The attack on Melita Vrsaljko is an alarming example of physical violence being used to intimidate and silence journalists. The undersigned organisations urge the authorities to treat this case with the seriousness it deserves. The MFRR joins the SafeJournalists Network in calling on the authorities to prosecute the perpetrators, who have been clearly identified.

Signed by:

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

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. 

Reporters Without Borders Library

France: Media freedom coalition condemns Vivendi’s disinformation campaign against…

France: Media freedom coalition condemns Vivendi’s disinformation campaign against Reporters Without Borders

The Media Freedom Rapid Response (MFRR) partners strongly condemn the cyber disinformation campaign against the press freedom organisation Reporters Without Borders (RSF). The attacks have been orchestrated by the Paris-based communications agency “Progressif Media”, whose minor stakeholder is the Vivendi Group, a French mass-media holding company controlled by media tycoon Vincent Bolloré. The MFRR stands in full solidarity with RSF and urges a swift and thorough investigation into the disinformation campaign.

On 4 July, RSF revealed a two-month investigation, which included information from an internal Progressif Media document entitled “Vivendi Report”. This document detailed attacks aimed at portraying the press freedom organisation as wanting to “change the French audiovisual landscape according to its vision of pluralism”, while positioning the Vivendi-controlled CNews channel as the only place in favour of freedom of expression, in a context where CNews is among the candidate media being examined for the renewal of its TNT frequency for 2025. According to RSF, the attacks were triggered by a decision of the Council of State on 13 February which ordered, at the request of RSF, that the French audiovisual and digital communications authority (ARCOM) improve its enforcement of the the independence and pluralism of Cnews, one of the most sanctioned French channels, along with C8.

 

In the scope of its attacks on RSF,  Progressif Media used a method called “cybersquatting“, a malicious strategy of buying domains with names similar to RSF’s, to denigrate the press freedom organisation. Of the five domains bought, one was active and called “Sectarians without Borders”: this was a fake RSF site that the attackers had paid to be ranked highly by Google’s algorithm to spread the same orchestrated messages against RSF, including the creation of pre-prepared hate tweets that Internet users could select and post from their own X accounts. The site was taken down on 8 July, a few days after RSF exposed Vivendi’s attacks.

 

RSF’s investigation into the name, web server and real IP address of “Sectarians Without Borders” led RSF to identify similar IT characteristics of a number of existing sites, including two inactive domain names linked to Jean-Marie Le Pen, founder of the far-right National Front party (now Rassemblement National), and two active sites: “the CNews fan collective” and “The Corsairs of France”, which first promoted “Sectarians Without Borders” on X on 20 February and called on its 16,000 followers to “fight” against RSF through a defamatory video shared on X on 6 March. Meanwhile, discrediting comments about RSF have also been broadcast on Vivendi’s channels, including on Radio Europe 1, a station previously criticised by RSF for its alleged lack of editorial independence, respect for pluralism, and honest reporting since its takeover by Vivendi in 2021.

 

“Counterfeiting, concealment, cybersquatting, trolling, disinformation…these practices are not so recent, but this is the first time a company operating under French law has used these gangster methods to serve the interests of a French media group (Vivendi) [and] promote Cnews.  You cannot defend information and orchestrate a disinformation campaign at the same time,” said Arnaud Froger, head of the RSF investigation office, in conversation with the MFRR. According to Froger, the Vivendi group would have told RSF that it was unaware of practices described in the press freedom group’s investigation and recalled its minority stake in Progressive  Media.Vivendi did, however, acknowledge links between Progressif Media and Canal+, a major French TV channel owned by Bolloré.

 

More widely, the disinformation campaign against RSF comes in the context of a growing threat to media pluralism in France noted by independent observers. In a new report, the Media Pluralism Monitor (MPM), an annual study conducted by the Robert Schuman Centre, referred for the first time this year directly to “predatory strategies of media tycoons such as Vincent Bolloré”, highlighting the businessman’s alleged role in the growing influence of commercial interests and owners in media, arguing that this influence created a threat to media pluralism due to “oligopolistic control” and “the ensuing ideological polarisation” allegedly created by media outlets owned by Bolloré-controlled structures.

 

In this context, the MFRR stands in solidarity with RSF and all the organisations defending press and media freedom who are under pressure from the Vivendi group to silence their critical voices and to put forward those of the Bolloré programs. It is essential to resist intimidation in order to continue the fight against disinformation and for the right to freedom of expression, the cornerstone of democratic discourse.

Signed by:

  • The European Federation of Journalists (EFJ)
  • ARTICLE 19 Europe
  • International Press Institute (IPI)
  • Osservatorio Balcani Caucaso Transeuropa (OBCT)
  • European Centre for Press and Media Freedom (ECPMF)

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

Library

The EU must do more to prioritise protecting media…

The EU must do more to prioritise protecting media freedom and human rights in Turkey

The undersigned media freedom, human rights and journalists’ groups call on the new European Commission and the new European Parliament to strengthen their commitment to protecting journalists’ rights and freedom of expression in their relations with Türkiye.

 

Turkish translation available here. 

Relations between the European Union and Türkiye have been at an impasse for several years with Türkiye occupying the status of an applicant country in a process that has long since stalled. The EU institutions need to find a way to reinvigorate relations and ensure that the protection of human rights is front and centre of those relations.

Over the past two decades, Türkiye’s government has captured over 90% of the media landscape, including direct control over the country’s public media and indirect control over much of the mainstream media through party-aligned oligarchs. It has abused the power of state advertising to create compliant journalism and weaponized the broadcast regulator, RTÜK, to routinely target broadcasters with financial penalties for critical news reporting. 

The capture of mainstream media has been backed by a mass crackdown on independent media, including the arrests of hundreds and prosecutions of thousands of journalists in the years since the failed coup of 2016. While the number of journalists behind bars has fallen dramatically, hundreds continue to face prosecution leading to ever growing levels of self-censorship. During 2023, at least 207 journalists faced trial and at least 22 of them were sentenced to prison or fined with 22 convictions.

Journalists face assaults, trolling and smear campaigns from government-aligned media. The police routinely arrest journalists at demonstrations and prevent them from reporting. According to the Mapping Media Freedom database, which documents media freedom violations across EU Member States and candidate countries, since July 2023, 168 alerts have been located in Türkiye. 

The 2022 Disinformation Law has seen at least 30 legal actions taken against journalists in 2023 and pressured online platforms to readily self-censor content that the government deems to be disinformation or a threat to national security. Algorithmic bias already channels over 80% of news searchers on Google to pro-government media forcing independent media to exist in a restricted news bubble. 

This hostile economic and judicial environment muzzles journalism and denies the public access to a plurality of media sources. 

Meanwhile Turkish journalists face an increasingly restrictive process for obtaining visas to EU Member States with delays and some journalists being simply refused. This trend undermines the ability of Türkiye’s journalists to build and sustain links to their peers abroad. 

During a high-level delegation visit to Brussels in June 2024, invited by the outgoing EU Ambassador to Türkiye, an experienced journalist was refused a visa by the Belgian Embassy, despite having an invitation from the European Commission. This and other examples of arbitrary visa denials creates another barrier to Turkish journalists’ reporting. EU Member States should immediately act to ease the process for journalists from Türkiye to obtain visas for professional purposes.

We urge European governments and policy makers to ensure media freedoms and fundamental rights are placed at the heart of future relations with Türkiye, and call for them to:

  • Facilitate the procedure for Turkish journalists to obtain Schengen visas;
  • Provide support, including direct financial grants, to media organisations in Türkiye;
  • React strongly to incidents of attacks on journalists and take concrete measures to support journalists, including emergency support;
  • Develop a clear, comprehensive and consistent relationship with Türkiye’s authorities in order to facilitate the review of  policies and the repeal of legislation that is not compliant with international and European standards on the freedom of expression.

Signed by:

  • International Press Institute (IPI)
  • ARTICLE 19
  • Articolo 21
  • Committee to Protect Journalists (CPJ)
  • Danish PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • The European Federation of Journalists (EFJ)
  • IFEX
  • Index on Censorship
  • Media and Law Studies Association (MLSA)
  • Osservatorio Balcani Caucaso Transeuropa [OBCT]
  • PEN International
  • PEN Norway
  • Platform for Independent Journalism (P24)
  • Progressive Journalists Association (ÇGD)
  • Reporters Without Borders (RSF)
  • South East Europe Media Organisation (SEEMO)
  • Swedish PEN
  • The Turkey Human Rights Litigation Support Project (TLSP)

Avrupa Birliği (AB), Türkiye’de medya özgürlüğü ve insan haklarının korunmasını önceliklendirme yönünde daha fazlasını yapmalıdır

Aşağıda imzası bulunan medya özgürlüğü, insan hakları ve gazetecilik meslek kuruluşları; AB seçimlerinin ardından Avrupa Komisyonu ve Avrupa Parlamentosu’nu, Türkiye ile ilişkilerinde gazetecilerin haklarını ve ifade özgürlüğünü koruma taahhüdünü güçlendirmeye çağırmaktadır.

AB-Türkiye ilişkileri, Türkiye’nin uzun süredir aday üye ülke statüsünde olması nedeniyle son yıllarda çıkmaza girmiştir. AB kurumlarının, Türkiye ile ilişkilerini canlandırması ve bu süreçte insan haklarının korunmasının merkezi bir rol oynaması gerekmektedir.

Son 20 yılda, Türkiye hükümeti ulusal medyanın %90’ından fazlasını ele geçirmiştir. Bu, ülkedeki kamu medyasını doğrudan kontrol etmenin yanı sıra hükümete yakın iş insanları aracılığıyla ana akım medyanın büyük bir bölümünü dolaylı olarak kontrol etmeyi de içermektedir. Bu durum, resmi ilan ve reklamların kötüye kullanılması yoluyla itaatkâr tipte bir habercilik ortaya çıkarmış, radyo ve televizyon faaliyetlerini düzenleme ve denetlemeyle yükümlü RTÜK’ü araçsallaştırarak eleştirel haberleri rutin olarak hedef almıştır.

Ana akım medyanın ele geçirilmesi, bağımsız medyaya yönelik geniş çaplı bir baskı ile de desteklenmiştir. 2016’daki başarısız darbe girişiminden bu yana yüzlerce gazetecinin tutuklanması ve binlercesinin yargılanması buna dahildir. Hapisteki gazeteci sayısı önemli ölçüde azalmıştır, ancak yüzlerce gazeteci hâlâ yargılanmakta ve bu da gazeteciler arasında otosansürün artmasına yol açmaktadır. 2023 yılı boyunca, en az 207 gazeteci yargılanmış, en az 22’si hapse atılmış veya para cezasına çarptırılmıştır.

Gazeteciler hükümet yanlısı medya kuruluşlarının saldırıları, çevrimiçi troller ve karalama kampanyaları ile karşı karşıya kalmaktadır. Polis, toplumsal gösteriler sırasında gazetecileri sıklıkla göz altına almakta ve haber yapmalarını engellemektedir. AB Üye Devletler ve aday ülkeler düzeyinde medya özgürlüğü ihlallerini belgeleyen Medya Özgürlüğü Acil Müdahale (MFRR) veri tabanına göre Temmuz 2023’ten bu yana Türkiye’de gazetecilere yönelik en az 168 hak ihlâli kaydedilmiştir.

2022’de yürürlüğe giren Dezenformasyon Yasası, 2023 yılında en az 30 gazeteci hakkında soruşturma başlatılmasına yol açmış ve çevrimiçi platformları, hükümetin dezenformasyon ya da ulusal güvenliğe yönelik tehdit olarak gördüğü içerikleri sansürlemeye itmiştir. Google algoritmik yanlılık nedeniyle haber arayanların %80’inden fazlasını hükümet yanlısı medyaya yönlendirerek bağımsız medyanın son derece sınırlı bir çerçevede sıkışıp kalmasına sebep olmaktadır.

Gazetecilere yönelik bu düşmanca ekonomik ve hukuki ortam, gazeteciliği susturmakta ve halkın çeşitlilik içeren medya kaynaklarına erişimini engellemektedir.

Bununla birlikte, Türkiye’den AB Üye Devletlerine vize başvurusunda bulunan gazeteciler giderek daha kısıtlayıcı bir süreçle karşı karşıya kalmaktadır. Vizelerdeki gecikmeler ve bazı gazetecilerin başvurularının doğrudan reddedilmesi, Türkiye’deki gazetecilerin yurt dışındaki meslektaşlarıyla bağlantı kurma ve geliştirme imkânlarını baltalamaktadır. 

Haziran 2024’te, görev süresi tamamlanan AB Türkiye Delegasyonu Başkanı Büyükelçi tarafından Brüksel’e davet edilen üst düzey bir heyet ziyareti sırasında deneyimli bir gazeteciye, Avrupa Komisyonu’ndan davet almış olmasına rağmen Belçika Büyükelçiliği tarafından vize verilmemiştir. Bu ve bunun gibi örnekler, Türkiye’den gazetecilerin haber yapmalarının önünde bir engel daha oluşturmaktadır. AB Üye Devletleri, Türkiye’deki gazetecilerin mesleki amaçlar için vize alma sürecini kolaylaştırmak için derhal harekete geçmelidir.

Avrupa hükümetlerini ve politika yapıcıları, yeni AB Dönem Başkanlığı süresince Türkiye ile yürütülecek ilişkilerin merkezine medya özgürlükleri ve temel hakların alınmasını sağlamaya çağırıyor ve;

  • Gazetecilerin Schengen vizesi alma süreçlerini kolaylaştırmaları; 
  • Türkiye’deki medya kuruluşlarına mali hibeler dahil olmak üzere destek sağlamaları; 
  • Gazetecileri hedef alan saldırılara güçlü bir şekilde tepki vermeleri ve acil destek de dahil olmak üzere gazetecileri desteklemek için somut önlemler almaları; 
  • Türkiye makamları ile açık, kapsamlı ve tutarlı bir ilişki geliştirerek, Türkiye’nin ifade özgürlüğü konusunda uluslararası ve Avrupa düzeyindeki standartlara uymayan yasa ve politikalarını gözden geçirmesini kolaylaştıracak adımlar atmaları taleplerinde bulunuyoruz.

İmzalayanlar

 

Uluslararası Basın Enstitüsü (IPI)

ARTICLE 19

Articolo 21

Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)

Avrupa Gazeteciler Federasyonu (EFJ)

Bağımsız Gazetecilik Platformu (P24)

Çağdaş Gazeteciler Derneği (ÇGD)

Danimarka PEN

Gazetecileri Koruma Komitesi (CPJ)

Güney Doğu Avrupa Medya Örgütü (SEEMO)

IFEX

İsveç PEN

Medya ve Hukuk Çalışmaları Derneği (MLSA)

Osservatorio Balcani Caucaso Transeuropa [OBCT]

PEN Norveç

Sansür Endeksi (Index on Censorship)

Sınır Tanımayan Gazeteciler (RSF)

Türkiye İnsan Hakları Davalarına Destek Projesi (TLSP)

Uluslararası PEN

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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Terrorism investigation into Catalan journalist raises concerns ahead of…

Terrorism investigation into Catalan journalist raises concerns ahead of elections

Journalists and media freedom organisations express concern over the investigation for terrorism of Catalan journalist Jesús Rodríguez Sellés, now residing in Switzerland. The investigation, lasting for four years after the alleged crime, coincides with negotiations over the amnesty law for pro-independence leaders. Fearing politicisation of the case, the Media Freedom Rapid Response partners call for a review of the investigations’ circumstances, allowing Rodríguez Sellés to continue his journalism freely.

The partners of the Media Freedom Rapid Response today expressed concerns over the terrorism investigation by the Spanish authorities of journalist Jesús Rodríguez Sellés. The journalist left Spain for Switzerland citing a lack of guarantees for practicing his profession and the threat of arbitrary arrest in Spain.

 

Rodríguez Sellés is an award-winning Catalan journalist working for La Directa. In November 2023, after four years of judicial investigation he was named an official suspect of terrorism offenses for allegedly assisting in the organisation of the Tsunami Democrátic protests in October 2019. The movement was a reaction to a decision by the Spanish National High Court jailing Catalan separatist leaders over their roles in the failed bid to split from Spain in 2017.

 

The protests saw violence erupting in Barcelona, where protesters were accused of attacking police officers and vandalism, while the police used batons, teargas and rubber bullets against the protesters, including journalists, leading to several injuries.

 

On April 9, 2024, the High Court ordered Rodríguez Sellés to provide his formal address, so that he could be summoned to testify when the judge requested it. Two days later, Rodríguez Sellés announced that he had left Spain for Switzerland in order to ‘preserve his freedom’ and to be able to continue his work as a journalist. He added that he was being persecuted for ‘doing his job’.

 

Rodríguez Sellés is closely associated with the Catalan independence movement. He is also a prominent and respected journalist who has, among other things, exposed police crimes, abuse of power and persecution of dissent.

 

Rodríguez Sellés took the police to court following his assault in 2016 by riot police, leading to the conviction of one officer to a two-year prison term. The officer’s appeal is pending before the Spanish Supreme Court. Rodríguez Sellés is also pursuing a complaint against two other officers for committing perjury during the initial trial.

 

The investigation into the 2019 demonstrations had been ongoing for four years with no visible progress. Spanish authorities finally announced formal suspects two days after the announcement of a publicly divisive amnesty plan for separatist leaders.

 

The charges against Rodríguez Sellés are not formally related to his journalism. However, we are concerned that, given his record of exposing police crimes that have embarrassed the state, and in view of the political context in which the investigation was launched as well as the extreme and disproportionate nature of the charges in question criminalising dissent under the guise of anti-terrorist legislation, this investigation may be politically motivated and may also be an effort to restrict his journalism.

 

We therefore call on the Spanish authorities to immediately pause the investigation and to conduct a thorough and credible review to ensure compliance with fundamental human rights, including freedom of expression, and proportionality. MFRR partners will continue to follow this investigation closely.

Signed by:

  • International Press Institute (IPI)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited
  • 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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Bulgaria Minister urged to drop defamation lawsuit

Bulgaria Minister urged to drop defamation lawsuit

The Media Freedom Rapid Response consortium partners criticise the criminal defamation lawsuit filed by Interior Minister Kalin Stoyanov against investigative journalists Atanas Chobanov and Dimitar Stoyanov of the Bureau for Investigative Reporting and Data (BIRD). The undersigned organisations believe that the lawsuit is designed to silence legitimate investigative reporting and should be immediately withdrawn.

The legal action stems from the journalists’ reporting on a property deal which allegedly connected the current Minister of Interior to Martin Bozhanov, an individual known as ‘the Notary’, who was murdered earlier this year following extensive allegations of corruption against him. Kalin Stoyanov has denied the connection.

 

The Minister is seeking 65.000 Bulgarian lev (33.300 euros) in damages, claiming that the reporting crossed the boundaries of freedom of speech and harmed his dignity and authority.

 

Why legal action against BIRD threatens investigative journalism

The Association of European Journalists – Bulgaria (AEJ) “is convinced that the lawsuit bears the characteristics of a SLAPP”. This comes amid a worrying trend of using vexatious lawsuits, often known as Strategic Litigation Against Public Participation (SLAPPs), to suppress investigative journalism in Bulgaria and elsewhere.

 

The undersigned organisations believe that Minister Stoyanov’s lawsuit is an attempt to restrict legitimate media scrutiny and the public’s right to information. It also threatens to obstruct efforts to combat corruption in Bulgaria and ensure transparency within government institutions.

 

The MFRR consortium emphasises that in a democracy, public officials must expect greater levels of scrutiny, a principle reinforced by judgments of the European Court of Human Rights (ECtHR).

 

Moreover, Minister Stoyanov’s objection to the use of anonymous sources by BIRD in his claim disregards the essential need to safeguard informants’ anonymity, especially in cases involving risks to their safety. No pressure should be placed on the journalists to expose their sources, whose protection is also guaranteed by the case law of the ECtHR.

 

Calling for lawsuit’s withdrawal and legislative reform

The undersigned organisations demand the withdrawal of charges against BIRD journalists.

 

Additionally, we call on the government to accelerate legislative reform to protect journalists against all kinds of vexatious lawsuits. This should include providing for early dismissal of evidently vexatious lawsuits, the provision of costs and other compensation to the victims of SLAPPs. In particular, we urge the government to use the transposition of the European Union’s new Anti-SLAPP Directive as an opportunity to ensure the new protections apply to domestic cases as well as cross-border cases.

 

We express full solidarity with BIRD and reiterate our commitment to defending press freedom in Bulgaria. We will continue to raise awareness and uphold the integrity of journalism in the country.

Signed by:

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