For illiberal governments bound by the democratic architecture of the European Union, efforts to silence independent journalism and insulate the public from critical reporting have to be far more complex and, most importantly, calibrated to avoid direct rebuke from Brussels.

This steady erosion of press pluralism in Hungary would be worrying enough if it were not also empowering and inspiring other illiberal governments in EU member states to employ similar tactics.

In Poland the ruling Law and Justice (PiS) party has over the last five years engaged in a calculated cherry-picking exercise and selected elements of Hungary’s model that can be adapted to the Polish media landscape, according to a recent report by the Media Freedom Rapid Response (MFRR).

Last year the Slovenian government introduced proposed legislative changes which would financially weaken the public broadcaster, RTVSLO, leading to stark warnings about its finances and future.

Another proposed amendment would give the government greater opportunities to select the supervisors and dismiss the director of the Slovenian Press Agency (STA), which has also come under fire from Janša. Most concerningly, the Government Communication Office (UKOM) suspended the financing of the STA twice in three months, in what the Slovenian Journalists’ Association said was another attempt to destabilize the press agency through financial pressure.

Ultimately, until the EU strengthens its ability to ensure this kind of divergence from the democratic values and principles has real consequences, the illiberal model for media capture and control remains a viable option for any EU leader wishing to solidify its control and remain in power.

Article 11 of the European Union’s Charter on Fundamental Rights is under threat as media freedom and media pluralism deteriorates alarmingly in Hungary and Poland.

Over the past decade, Fidesz has perfected the process of state capture of media. Through the misuse of legislative, regulatory and administrative tools it has muzzled critical media while building a vast array of government cheerleaders that dominate the national media landscape.

The failure of the EU to act has emboldened the Hungarian government and now Poland’s Law and Justice (PiS) government is cherry-picking elements of the Hungarian model to fit the Polish system.

The model of media capture is a subtle, complex and direct threat to the public’s right to know. It is carried out through indirect means or formally independent bodies, providing governments with plausible deniability when accused of dismantling of media freedom.

Yet the effects are clear. Independent journalism is under unprecedented threat as the two governments distort and reshape the media market to their advantage, with damaging implications for both media freedom and democracy in Europe.

Similar developments are also apparent in Slovenia where the SDS government is attacking public service media and stoking hostility towards critical journalists whilst backed up by a media operation with significant investments from Fidesz linked companies.

The EU has sat on the sidelines for too long. Repeated inaction to stop the undermining of media freedom and pluralism first in Hungary, and then in Poland, has allowed this model of media capture to grow and spread to other Member States. The cost of further inaction is simply too high. It is time for the European Commission to act.

A photographer for the regional daily L’Union, Christian Lantenois, was seriously injured on Saturday 27 February while covering tensions in the Croix-Rouge district of Reims. Lantenois is currently in the intensive care unit in Reims’ hospital in a serious condition. The European Federation of Journalists (EFJ) strongly condemn this despicable act. An investigation has been opened for attempted murder.

Christian Lantenois, 65 years old, went to Croix-Rouge on Saturday 27 February at around 3 pm in a car identifiable as belonging to the newspaper L’Union to cover the tensions in the district. The photographer was found shortly afterwards, in great distress on the ground near his car. The circumstances of the attack are not yet known.

Authorities in France have opened an investigation for attempted murder. The newspaper reported that the journalist’s condition is worrying but stable.

Controversial plans floated by the governing Austrian People’s Party (ÖVP) that would impose tough criminal penalties on journalists for quoting from leaked documents should be scrapped immediately.

IPI state that if passed, the new rules would seriously undermine press freedom in Austria and hamper investigative journalism.

On February 24, 2021, the ÖVP party headed by Federal Chancellor Sebastian Kurz, suggested as part of a planned judicial reform that it was considering stricter criminal penalties for media which quoted or published leaked information from judicial investigations.

The ÖVP’s suggestion for tougher criminal penalties comes amidst media coverage of judicial investigations involving politicians, including Austrian Finance Minister Gernot Blümel, who is under investigation by the specialized public prosecutor’s office responsible for corruption-related crimes (WKStA).

Under current legislation, Austrian journalists are permitted to publish and cite information attained from leaks as long as it complies with provisions in the country’s media law regarding issues such as privacy protection.

After the plans were revealed, several leading journalists, the association of Austrian newspapers, journalist unions, academics and the Austrian Bar Association came out to vocally condemn the proposal.

Photo: MSC, CC BY 3.0 DE, via Wikimedia Commons

The International Press Institute (IPI), as part of the MFRR welcomed the first conviction for the 2017 murder of Maltese investigative journalist Daphne Caruana Galizia as an important step forward in the path to full justice for her assassination.

IPI also welcomed the indictment of two individuals accused of supplying the bomb that killed her and expressed hope the developments would help bring the mastermind to justice.

In 2018, Serbian journalist Milan Jovanovic was the victim of an arson attack on his house in Belgrade after investigating cases of corruption of local public officials.

Judicial proceedings against the suspected arsonists started in 2019 and have since then been delayed numerous times after frequent requests of postponement advanced by the defense lawyers. These procedural tactics, which also include attempts to disqualify judges appointed to this case, have seriously delayed justice for Jovanovic.

On 23 February 2021, the court sentenced former Grocka mayor Dragoljub Simonovic to four years and three months of prison for having ordered the arson attack on Jovanovic’s house in December 2018. The court also sentenced Vladimir Mihailovic and Aleksandar Marinkovic in absentia to four years in jail. Mr Marinkovic was sentenced for perpetrating the arson attack; however, his whereabouts have been unknown since the start of proceedings. This sentence sets an important precedent for ensuring that those who commit crimes against journalists in Serbia – so often met with impunity – are brought to justice.

Update: On 8th Februrary, Evertsson and Andersson were acquitted by the first-tier court in the city of Gothenburg

The European Federation of Journalists (EFJ) joins the partners of the Media Freedom Rapid Response (MFRR) to stress the journalistic nature of the investigation carried out in the public interest and call for the acquittal of the two documentary makers.

The “MS Estonia”, a 157-metre long cruise ferry, was en route from Tallinn to Stockholm in September 1994 when it sank in international waters in less than half an hour with 989 people on board. It is known as one of Europe’s greatest maritime disasters, killing 852 people. Yet the causes of the shipwreck remain murky. The official version based on the 1997 investigation – that there had been a failure of the vessel’s retractable ramp – had been disputed for years by the survivors and relatives of the victims.

Broadcast on 28 September 2020 on Discovery Channel, the documentary entitled “Estonia: the discovery that changes everything” revealed the existence of a previously unknown four-metre hole in the hull of the ship. It was filmed with a remotely-operated camera attached to an underwater vehicle. Evertsson and Andersson are accused of illegally entering a protected site considered as a grave following the 1995 agreement between Sweden, Estonia and Finland, which bans any exploration of the area.

IPI urged UKOM to ensure that journalists from all media outlets were given adequate opportunity to question ministers at online government press conferences.

On February 3, 2021, Slovenia’s public broadcaster, RTV Slovenija, reported that Bojana Beović, head of the advisory group at the Ministry of Health, was denied permission to appear on its late-night news show Odmevi to comment on false positive results in rapid antigen tests.

RTVSLO reported that in response to emailed interview requests, it received a message saying that UKOM Director Uroš Urbanija had “forbidden” officials from providing answers to media or giving interviews.

It was later reported that Education Minister Simona Kustec, Milan Krek, director of the National Institute of Public Health, and other health officials were also refused permission to appear on commercial television station Kanal A to give interviews on the testing system.

UKOM’s policy was condemned by both the Slovenian Union of Journalists (SNS) and the Slovene Association of Journalists (DNS) as an act of censorship, though the government body has rejected the criticism.

As part of the MFRR, the International Press Institute (IPI) expressed dismay over the decision by a court in Budapest to reject the appeal of independent radio broadcaster Klubrádió over its right to continue broadcasting, warning it signaled a crisis point for what remains of media pluralism in Hungary.

Earlier in February, the same court rejected Klubrádió’s last-ditch request for an emergency license to remain on air until the appeal of a rival broadcaster over the frequency tender was resolved.

The two rulings resign Klubrádió to broadcasting solely from the internet after February 14 and cap the end of a decade-long campaign by the ruling Fidesz party led by Prime Minister Viktor Orbán to muzzle one of the country’s last remaining critical radio stations.