Turkish journalist blacklist Library

Turkey: Solidarity with twenty journalists including TGS leadership blacklisted…

Turkey: Solidarity with twenty journalists including TGS leadership blacklisted by police

The partner organisations of the Media Freedom Rapid Response (MFRR) expressed solidarity with the twenty journalists blacklisted by the Turkish General Directorate of Security (EGM) for their writing and joined Turkey’s Journalists Union (TGS) in denouncing an apparent attempt to intimidate independent journalists and trade unionists.

On 5 September, the Mezopotamya News Agency (MA) revealed that the General Directorate of Security (EGM) had blacklisted 20 journalists in relation to their writings for the online magazine Journalist Post, a periodical run by journalists living in exile. No legal proceedings have yet been initiated against them.

 

The confidential document, containing the blacklist, was disclosed during the trial of MA editor-in-chief Dicle Müftüoğlu, on trial under terrorism charges. According to media reports, the list was prepared based on intelligence information collected against the Fethullah Gülen movement for anti-terrorism police departments. Based on this intelligence information, the EGM Foreign Relations Department of the Turkish Police classified Journalist Post as being run by a Fethullah Gülen-linked network.

 

Since 2020, four magazine issues have been published as part of a solidarity campaign for freedom of expression and press freedom worldwide. It featured 74 articles, interviews, news and analysis written by journalists and academics from 32 different countries, available in Turkish, English and German.

 

The list includes the name of the journalists who have been involved in running the magazine or contributing to it, their ID numbers, their positions, and whether they have an entry with their ID numbers on the National Judiciary Network (UYAP).

 

The listed journalists are: Engin Sağ, Şemsi Açıkgöz, Mustafa Kılıç, Yüksek Durgut, Ramiz Kılıçarslan, Necdet Çelik, Hasan Cücük,  İsmail Muhammet Sağıroğlu, Enes Cansever,  Basri Doğan, Türkmen Terzi, Vedat Demir, Rabia Yavuz Türe, Yunus Erdoğdu, Naciye Nur Kılıç, Erkan Pehlivan, Erkin Emet, Dicle Müftüoğlu, Dicle Fırat (Journalists Association DFG Co-chairperson), Mustafa Kuleli (General Secretary of Journalists Union of Turkey and EFJ Vice-President) and Gökhan Durmuş (President of Journalists Union of Turkey).

 

Listed among the 20 journalists, EFJ Vice-President Mustafa Kuleli reacted: “Erdogan’s regime is trying to criminalise journalism and advocacy by juxtaposing them with terrorism. They are trying to intimidate us. We will continue to defend journalists, journalism and democracy.  As I wrote in my article that got me blacklisted: Turkey is bigger than Erdogan. The people of Turkey will eventually defeat tyranny and despotism.”

 

Our organisations urge the Turkish authorities to end the repression of media freedom advocates and to not start legal proceedings against the listed journalists. Thirty-eight journalists and media workers are still behind bars in Turkish prisons for doing their job in the public interest.

Signed by:

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

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, Candidate Countries and Ukraine.

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Library

Turkey: International groups call to restore Evrensel’s right to…

Turkey: International groups call to restore Evrensel’s right to receive public ads

18 press freedom, freedom of expression and human rights organisations call on the Turkish Press Advertising Agency (BİK) to withdraw without delay its alarming decision to revoke the right of the independent Evrensel newspaper to receive public ads, a vital source of financial income for the publication. BİK has a regulatory duty to act as an independent and fair distributor of public ads, and not to facilitate censorship through suppressing critical news outlets.

 

Turkish translation available here.

On 22 August 2022, Evrensel newspaper received BİK’s decision backdated to July 17, 2022, revoking its right to receive public ads. This move was prompted by an audit into alleged bulk buying that distorted Evrensel’s distribution figures against which measure the advertising levels are set. The right of Evrensel to receive public advertisements has been suspended since September 2019. With the latest decision, this suspended right was completely cancelled.

 

In its decision, the BİK stated that “the public ad ban on Evrensel was observed to be suspended for a full six months without break, excluding the period when such administrative monitoring was suspended due to the pandemic, therefore its right to receive public ads was revoked”. Evrensel has the right to appeal to the decision at court. Should Evrensel be removed from BİK’s system to receive any public advertising, a new, swiftly launched application process for re-gaining the right to public ads would take at least three years. This drawn-out process would be detrimental to the newspaper’s financial stability.

 

In the last three years, IPI and undersigned press freedom organisations have repeatedly called on BİK to withdraw the initial public ad ban that was initiated in September 2019 on Evrensel. Ten members of the European Parliament had also joined the call with a letter to then-General Director of BİK Rıdvan Duran requesting the ban be lifted. Despite an in person meeting with Duran in February 2020, the ad ban remained in force until this latest decision.

 

MFRR Coordinator, Gürkan Özturan, said:

 

“The long time pressure and regulatory restrictions imposed on independent media has been impacting media freedom and society’s right to access information negatively in Turkey. The latest BİK decision to revoke advertisement revenues for Evrensel is yet another example of this ongoing and increasing trend and must be revoked immediately.”

 

In a judgment issued on 10 August 2022, the Turkish Constitutional Court ruled that BİK’s arbitrary and consecutive public ad bans on newspapers including Sözcü, Cumhuriyet, Evrensel and BirGün, violated freedom of expression and press freedom as well as constituted and evidence of BİK acting as a tool for systematic censorship and criminalization of news coverage in the country. The Constitutional Court’s verdict thus confirmed that BİK lacks impartiality towards media outlets.

 

Media freedom in recent years has been deteriorating in Turkey in light of the upcoming parliamentary and presidential elections in 2023, we are concerned about the state of remaining independent media outlets, the repercussions it will have on the right to access information for the residents of Turkey who will need to rely on the existing media outlets to make informed decisions in the election calendar, and how this will contribute to an already-shrinking civic space in the country. Hereby we once again call upon the Press Advertising Agency (BİK) in Turkey to withdraw the decision to revoke ad revenues for Evrensel.

Signed by:

  • International Press Institute (IPI)
  • ARTICLE 19
  • Articolo 21
  • Danish PEN
  • English PEN
  • European Centre for Press and Media Freedom (ECPMF)
  • IFEX
  • IPS Communication Foundation/bianet
  • Media and Law Studies Association (MLSA)
  • OBC Transeuropa (OBCT)
  • P24 (Platform for Independent Journalism)
  • PEN America
  • PEN Norway
  • PEN Turkey
  • Reporters Without Borders (RSF)
  • South East Europe Media Organisation (SEEMO)
  • Swedish PEN
  • The Coalition For Women In Journalism (CFWIJ)

Uluslararası hak grupları, Evrensel’in kamu ilanı yayımlama hakkının geri verilmesi için çağrı yaptı 

Basın İlan Kurumu, Evrensel gazetesinin kamu ilanı alma hakkını iptal etti

 

Uluslararası Basın Enstitüsü (IPI) ve 17 uluslararası basın ve ifade özgürlüğü ve insan hakları grubu, Basın İlan Kurumu’na (BİK) bağımsız Evrensel gazetesinin kamu ilanı alma hakkına yönelik iptal kararını derhal geri çekme çağrısı yaptı. BİK, gazetelerin yayın hayatı için hayati önem taşıyan kamu ilanlarının bağımsız ve adil bir biçimde dağıtılmasında düzenleyici bir rol oynamalıdır, eleştirel haber kurumlarını baskılayarak sansür mekanizmasını yaygınlaştırmada değil.

 

Evrensel gazetesine 22 Ağustos 2022’de tebliğ edilen 17 Temmuz tarihli BİK kararında gazetenin kamu ilanı alma hakkının tümüyle iptal edildiği bildirildi. Bu karar, Evrensel gazetesinin tirajını “çoklu alım” ile arttırdığı iddialarını takiben başlatılan denetimlerin gerçekleştirilmesinin ardından geldi. Evrensel için gazetelerin tirajlarına göre belirlenen kamu ilanı gelirleri Eylül 2019’da denetim kararına kadar BİK tarafından durdurulmuştu. Bu son karar ile Evrensel gazetesi, kamu ilanı yayımlama hakkını tümüyle kaldırdı.

 

BİK kararında, “23 Mart 2020 ile 30 Nisan 2022 tarihleri arasında Kurumca mevzuat şartlarının aranmadığı salgın süreci hariç bırakılmak suretiyle altı ay içinde yayınlama hakkı yeniden devam etmediği anlaşıldığından, Günlük Evrensel gazetesinin, resmi ilan ve reklam yayınlama hakkının sona ermesine karar verilmiştir,” ifadelerini kullandı. Evrensel’in kararı önce BİK’e itiraz etmek olmak üzere mahkemede temyiz hakkı bulunuyor. Evrensel gazetesinin BİK sisteminden çıkarılması halinde, ilan yayımlama hakkının geri kazanımı için bugün başlatılacak bir başvuru sürecinin dahi en az üç yıl süreceği öngörülüyor. Bu süreç, gazetenin finansal sürdürülebilirliği açısından son derece yıkıcı etkiler doğuracaktır.

 

Son üç yıl içinde, IPI ve aşağıda imzası bulunan basın özgürlüğü kurumları, Eylül 2019’da verilen Evrensel’e yönelik ilan durdurma cezasının kaldırılması için BİK’e pek çok kez çağrıda bulundu. 10 Avrupa Parlamentosu üyesi, dönemin BİK Başkanı Rıdvan Duran’a ortak mektup göndererek bu çağrıya destek vermişti. Şubat 2020’de Duran ile IPI öncülüğünde yüz yüze düzenlenen bir toplantıda bu talep ve endişeler dile getirilmiş olmasına rağmen, ilan durdurma cezası kaldırılmamıştı.

 

Sözcü, Cumhuriyet, Evrensel ve BirGün gazetelerinin toplu başvurusuna yönelik Anayasa Mahkemesi’nin 10 Ağustos 2022 tarihli kararında, bu gazetelere verilen arka arkaya ve keyfi ilan kesme cezalarının basın ve ifade özgürlüklerini ihlal ettiğini belirtti. Ayrıca bu durumun yapısal sorunlardan kaynaklandığını belirten karar ile BİK’in ülkedeki sistematik sansür mekanizmasının bir aracı olarak hareket ettiği adeta teyit etmiş oldu. Böylelikle, AYM kararı BİK’in medya kurumlarına yönelik bağımsız yaklaşımının kaybedildiğini tasdik etti.

 

Son yıllarda Türkiye’deki medya özgürlüğü alanı gün geçtikçe daralıyordu. 2023 genel ve başkanlık seçimleri takvimi devam ederken, bağımsız haber yapmaya çalışan medya kuruluşlarının durumu, bilgiye dayalı karar verebilmek için var olan basın kuruluşlarına bağımlı kalan Türkiye vatandaşlarının habere erişimi üzerindeki olumsuz etkileri ve tüm bunların halihazırda daralmakta olan sivil alana olumsuz katkısı hakkında büyük endişe içerisindeyiz. O nedenle, bir kez daha Basın İlan Kurumu’na Evrensel gazetesinin ilan yayımlama hakkının iptalinin geri çekilmesi için çağrı yapıyoruz.

İmzacı kurumlar:

  • Uluslararası Basın Enstitüsü (IPI)
  • ARTICLE 19
  • Articolo 21
  • Avrupa Basın ve Medya Özgürlüğü Merkezi (ECPMF)
  • Danish PEN
  • English PEN
  • European Federation of Journalists (EFJ)
  • IFEX
  • International Federation of Journalists (IFJ)
  • IPS Communication Foundation/bianet
  • Media and Law Studies Association (MLSA)
  • OBC Transeuropa (OBCT)
  • P24 (Platform for Independent Journalism)
  • PEN America
  • PEN Norway
  • PEN Turkey
  • Reporters Without Borders (RSF)
  • South East Europe Media Organisation (SEEMO)
  • Swedish PEN
  • The Coalition For Women In Journalism (CFWIJ)

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, Candidate Countries and Ukraine.

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Ukraine 6 month anniversary Library

Ukraine: MFRR partners reiterate call for safety and support…

Ukraine: MFRR partners reiterate call for safety and support of media 6 months after invasion 

Today, 24 August, marks both the Ukrainian day of Independence and six months since the beginning of the Russian war of aggression. On this occasion, the partners in the Media Freedom Rapid Response (MFRR) reiterate our continued solidarity with the journalists and media workers who risk their lives and safety to bring the world independent, balanced, and accurate information from the frontlines.

The killing, kidnapping, and other attacks on journalists must stop and those responsible must face justice for their crimes under national and international law. The safety of media workers is essential to inform the world about the realities of the war, including the humanitarian consequences, and to hold the powerful accountable. 

In the six months since the invasion, at least 100 media freedom violations linked to the conflict in Ukraine have been recorded on Mapping Media Freedom. Journalists, both Ukrainian reporters and international correspondents, have been actively targeted and killed by the Russian troops. To date the MFRR consortium identified and verified eight journalists who have been killed in the line of duty. They are Yevheniy Sakun, Brent Renaud, Pierre Zakrzewski, Oleksandra Kuvshynova, Oksana Baulina, Maks Levin, Mantas Kvedaravičius, and Frédéric Leclerc-Imhoff. According to the definition and the status of research other platforms and organisations publish higher numbers. Five were killed by gunfire, while the other three were killed by shelling. 

There is evidence that at least five more Ukrainian media workers and citizen journalists may have been killed or executed by Russian troops in occupied territory in apparent connection to their profession, though these have not yet been verified and the motive remains unclear. From the beginning of the war, reports emerged of the Russian army intentionally targeting media infrastructure, with many journalists being placed on so-called “wanted lists”. The immediate safety of journalists and media workers on the ground is of paramount importance and must be respected.

The invasion has also seen a complete collapse of the advertising market for news outlets. Without this key source of revenue for media, the long-term financial sustainability of news organisations has been severely threatened. Outlets have been forced to shut down and journalists have been placed on involuntary, unpaid leave. The lack of long-term, sustainable funding mechanisms, combined with an inability to make concrete future plans amid the uncertainty of war, leaves the media landscape severely weakened. In this context, citizens are much more susceptible to manipulative disinformation operations that distort available information, leading public opinion farther from facts and reality. 

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

Despite ongoing efforts and an influx of foreign funding for media, increased support is still needed for journalists on the frontline, for media outlets struggling financially, and for media workers who are forced to work in exile as a consequence of the aggression. We reiterate our support for these independent voices from the region as they remain committed to providing invaluable independent journalism and keep the world informed of what is happening in Ukraine.

Signed by:

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

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

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The Shift News Malta Library

Malta: IPI supports Shift News in unprecedented freedom of…

Malta: IPI supports Shift News in unprecedented freedom of information battle

The International Press Institute (IPI) and its global network stand behind our member The Shift News as it faces an unprecedented legal battle with the Maltese government over freedom of information requests it submitted linked to expenditure of public contracts.

IPI sees the case as emblematic of the problematic climate for transparency, journalists’ access to information and media freedom in Malta. We support The Shift in its public interest mission to scrutinize power and provide citizens with information about the use of taxpayer money.

 

The Shift, a small independent news outlet, today launched a fresh crowdfunding campaign to help pay the legal costs of fighting the FOI cases in court. The estimated expense of challenging all the cases is €40,000 – half of its operational budget for one year.

 

To safeguard its independence, the online newspaper is the only media outlet in Malta which refuses to accept funding or advertising contacts from the government or any political party and is instead run on a community-funded model.

 

The Shift is facing identical, taxpayer-funded appeals from 40 different government entities against the decision of the Maltese Information and Data Protection Commissioner to side with the media outlet and grant it access to contracts and payments made by public entities to Malta Today co-owner Saviour Balzan and his commercial entities.

 

The Appeals Tribunal has so far ruled on 12 of those cases, siding with The Shift and the Commissioner in all of them. Five state entities have so far filed secondary appeal lawsuits. Dozens more government bodies could eventually end up making additional appeals, initiating yet more time consuming and costly legal battles.

 

IPI and our global network stand firmly behind our member The Shift News, its Managing Editor Caroline Muscat, and the news outlet’s vital watchdog journalism mission in Malta”, said IPI Deputy Director Scott Griffen. “The clear public interest in releasing the requested information has already been recognized not once, but twice.

 

The continued efforts by the government to needlessly challenge these decisions drag out the process is inexplicable and seriously undermines transparency and the freedom of the press. We are concerned these coordinated appeals are also aimed at draining The Shift of time and resources that could otherwise be spent carrying out public service reporting.

 

We call on the government entities to immediately drop outstanding appeals, put an end to this absurd waste of taxpayer money, and provide the requested contacts in a timely manner. IPI also calls on its members around the world to join us in expressing support for The Shift and to consider donating to its crowdfunding campaign.

 

IPI is currently working with partner organizations to secure funding to help support The Shift’s legal defence and hopes to make further announcements in the coming days.

 

This statement by IPI is 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, Candidate Countries, and Ukraine. The project is co-funded by the European Commission.

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Panagiotis Kontoleon Greece Surveillance Library

Greece: EFJ demands full disclosure on illegal surveillance of…

Greece: EFJ demands full disclosure on illegal surveillance of journalists

The European Federation of Journalists (EFJ) condemns the legal actions aimed at muzzling and intimidating the press in the context of the scandal of illegal government practices in Greece, in particular the tapping of journalists and politicians.

The EFJ condemns the abusive legal proceedings launched on Friday 5 August by Grigoris Dimitriadis, resigning adviser and nephew of Greek Prime Minister Kyriákos Mitsotákis, against journalists Thanasis Koukakis, Nikolas Leontopoulos and Thodoris Chondrogiannos, as well as against the website Reporters United and the newspaper EfSyn.

 

“We demand the immediate withdrawal of these complaints, which are only intended to intimidate the press and prevent the exposure of the illegal and undemocratic practices of those in power in Greece”, said EFJ President Maja Sever.

 

On 29 July, the Director of the Greek National Intelligence Service (EYP), Panagiotis Kontoleon, who also resigned after the scandal was revealed, admitted to a parliamentary committee that his services had been monitoring journalist Thanasis Koukakis from 15 May to 12 August 2020. It was learned that the journalist had also been monitored by Predator spyware from 12 July to 24 September 2021.

 

“We call on the Greek judicial authorities to activate judicial investigations into private and public actors, including those close to the Prime Minister, who use Predator software to spy on journalists,” said EFJ General Secretary Ricardo Gutiérrez. “We call on them to shed light on the illegal tapping of journalists by the intelligence services and to identify and convict those responsible. Journalism is not a crime, but obstructing the work of journalists is a crime against democracy.”

This statement is 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, Candidate Countries and Ukraine.

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Serbian flag Library

Serbia: REM’s awarding of TV licences underscores media pluralism…

Serbia: REM’s awarding of TV licences underscores media pluralism and media diversity failure

Partners of the MFRR have expressed concern about the Serbian Regulatory Body for Electronic Media (REM)’s decision to award TV licenses to media outlets all supportive of the ruling Serbian Progressive Party.

Serbia’s Regulatory Body for Electronic Media (REM) has recently concluded the process of awarding four national FTA TV licences. The Media Freedom Rapid Response (MFRR) consortium and the Independent Journalists’ Association of Serbia (NUNS) previously criticised the process around this decision, which lacked transparency and did not comply with international media freedom standards. The decision taken by REM to award the available national TV licences to the same four pro-government outlets has perpetuated a deeply unbalanced commercial broadcast media market and is another example of the authority’s failure to protect media diversity and pluralism in Serbia.

 

In its decision published on 29 July 2022, the REM awarded TV licences to Pink, Happy, B92 and Prva televisions – media all supportive of the ruling Serbian Progressive Party. On 5 August, the REM published a summary explanation of its decision, affirming that it was made to achieve a greater quality and diversity of content and through a comparative quality analysis of their fulfilment of criteria to award the licences. These However, all four outlets have been repeatedly criticised by civil society for their lack of respect for a variety of national laws and regulations, and for spreading hate speech and smearing political opponents to the current government. According to data from Serbia’s Coalition for Media Freedom, “in 2020 alone, over 12,000 violations of the Advertising Act were committed by these four television stations, and several reports were filed for hate speech and broadcasting of violence”.

 

Furthermore, the REM’s process of awarding TV licences failed to meet the requirements set under its own guidelines on the minimum conditions for the provision of media services. These include that licences should be awarded to broadcasters that respect the programming parameters for broadcasting licences and should be distributed in a manner that favours the provision of a plurality and diversity of views and ideas. The REM’s decision is yet another worrying indication of its lack of functional independence from political forces and another major failure of its regulatory responsibilities, one which further undermines media pluralism and democracy in Serbia.

 

International standards on freedom of expression prescribe media diversity and a fair and transparent process for awarding TV licences. As set out by the Principles on Freedom of Expression and Broadcast Regulation, promoting diversity in broadcasting services “implies pluralism of broadcasting organisations, of ownership of those organisations, and of voices, viewpoints and languages within broadcast programming as a whole. In particular, diversity implies the existence of a wide range of independent broadcasters and programming that represents and reflects society as a whole.” (Principle 3). Furthermore, “licence applications should be assessed according to clear criteria set out in advance in legal form (laws or regulations)”, which must be respected during the decision making process (Principle 21).

 

Two national organisations, the Slavko Curuvija Foundation and CRTA, have announced their intention to file a lawsuit against REM before the Administrative Court in accordance with the Law on Administrative Disputes and on the basis that the awarding process of TV licences violated the relevant laws and regulations. Such legal action is intended to push the REM to issue TV licences on the basis of the parameters set out by its own guidelines and by national law.

 

The REM also announced that a fifth TV licence might be awarded later in the autumn. There is speculation that this delay could be intended to favour Hungary’s TV2, which is owned by a key ally to the ruling Fidesz party of Hungary’s Prime Minister Viktor Orbán, to enter the Serbian market. Research conducted by the International Press Institute has shown how Hungarian business interests allied to the government have increasingly been investing in media across the Balkans which are aligned with Fidesz’s political allies, including in Hungarian language media in Serbia.

 

The MFRR and NUNS stress the impact that REM’s problematic licensing decision will have over media freedom and independence in the country and over Serbia’s citizens’ right to receive diversity of information from a plurality of media. We call for REM to review its decision and comply with national rules and regulations in the allocation of TV frequencies. We urge the Administrative Court to provide a swift response to any legal action taken as a result of this process, in full compliance with international freedom of expression standards. Finally, we stress the need for a comprehensive reform of the REM’s composition to ensure its independence from political interference and its functionality.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Independent Journalists’ Association of Serbia (NUNS)
  • International Press Institute (IPI)
  • 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, Candidate Countries and Ukraine.

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15.03.2022. Polish Commissioner for Human Rights Marcin Wiacek. PAP/Darek Delmanowicz Library

Poland: Ombudsman must appeal acquisition of newspaper by state-controlled…

Poland: Ombudsman must appeal acquisition of newspaper by state-controlled oil company

Partners of the Media Freedom Rapid Response (MFRR) have written to Marcin Wiącek, Polish Human Rights Ombudsman, expressing concern at his decision to refrain from appealing the acquisition of regional newspaper publisher Polska Press by PKN Orlen, a state-controlled media company.

Office of the Ombudsman

Aleja “Solidarności” 77, 

00-090 Warszawa, 

Poland

 

4 August 2022

 

Dear Polish Ombudsman, Marcin Wiącek

 

The undersigned organisations write to you regarding your decision to refrain from appealing the acquisition of regional newspaper publisher Polska Press by Poland’s state-controlled oil company PKN Orlen. Challenging this damaging decision is pivotal for upholding media freedom and competition in the media market in Poland. We therefore encourage you to reconsider an appeal before the deadline of 10 August. 

 

On 7 June 2022, the Warsaw regional court of competition dismissed the appeal of the Polish Human Rights Ombudsman brought by your predecessor Adam Bodnar against the takeover of the biggest and most influential regional publisher in Poland, Polska Press. Our organisations take note of your official statement issued on 3 August 2022. We support your call for a public debate about better and stronger guarantees of media pluralism. We hope that such calls will be listened to by, first among many, the European Commission in its upcoming proposal for a European Media Freedom Act. We remain at your disposal to engage in a dialogue on this issue. Nevertheless, we must again underscore that lodging an appeal to contest the regional court’s decision, and asking for the annulment of the Poland’s competition authority’s approval of the Polska Press acquisition by PKN Orlen, is currently of utmost importance. 

 

On 1 June 2021, ARTICLE 19 Europe submitted an amicus brief challenging the UOKiK’s decision which has been rejected by the court twice. It explained that the decision by Poland’s competition regulator, UOKiK was taken in violation of EU merger rules, as it completely failed to assess that the buyer, PKN Orlen, is de facto a state-controlled company (as confirmed, among others, by the same PKN Orlen in a recent merger case before the European Commission). In turn, this vitiated the entire assessment of the merger’s impact on competition in the Polish media market. Therefore, even without recurring to a media plurality test, ARTICLE 19 showed the court that the UOKiK’s decision should be annulled, and the competition assessment performed again, taking into due account the impact of the state control of Orlen. 

 

Furthermore, ARTICLE 19 Europe argued that as media pluralism is guaranteed both by the EU Charter of Fundamental Rights and the European Convention of Human Rights, the Polish State, as well as its independent authorities, have the duty to include it in their assessment.  The undersigned organisations support the legal arguments laid out by ARTICLE 19 Europe and underscore that the final ruling should comply with both EU law on mergers and with Poland’s obligations regarding European standards on media pluralism. 

 

In addition, our organisations have previously warned that such acquisition would hand the ruling Law and Justice (PiS) party greater indirect control over the regional media landscape ahead of the 2023 national elections as well as lead to a purge of critical editors and journalists in local newspapers. 

 

We are concerned that the acquisition of Polska Press by a state-controlled company headed by figures close to PiS leadership is a central element of PiS’s stated plans for “repolonization” of the media landscape. Though couched in language of pluralism and national sovereignty, these efforts have in reality been aimed at engineering the takeover of independent press by entities linked to the ruling party and strengthening the market influence of pro-government media. 

 

This approach emulates developments in Hungary where regional newspapers were acquired by business interests with strong ties to the government and eventually turned into mouthpieces for supporting Fidesz’s political agenda. These fears were not misplaced: PKN Orlen did not abide by the court’s decision to suspend the purchase for the time of hearing the appeal and either dismissed or pushed out more than a dozen editors-in-chief at newspapers owned by Polska Press since March 2021, with many more leaving in protest, leading to a visible shift in coverage, self-censorship, and a marked drop in editorial standards at some titles.

 

We respect the vital role the Polish Ombudsman plays in promoting and protecting the enjoyment and full realisation, by all people in Poland, of all human rights, which includes the right to information. In this regard, we strongly believe that your intervention and appealing the court’s verdict is indispensable to ensure that the pillars of media pluralism and media independence in Poland are safeguarded. We thus hope you will reconsider your decision. 

 

Our organisations will continue to closely monitor how the events unfold and would be glad to offer our expertise on media freedom and pluralism, as well as support in the appeal process. 

 

We ask you to take our concerns into consideration and look forward to your response. 

Signed by:

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

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

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Malta: Public Inquiry report recommendations must be implemented

Malta: Public Inquiry report recommendations must be implemented

A year on from the publication of the Public Inquiry report into the assassination of Malta’s leading investigative journalist, Daphne Caruana Galizia, the undersigned organisations urge the Maltese authorities to comply with their international human rights obligations and implement the report’s recommendations without further delay to ensure effective protection of journalists going forward. We are concerned at the lack of implementation of the recommendations of this milestone Public Inquiry.

Today, 29 July, marks the one-year anniversary of the publication of the landmark Public Inquiry report into the assassination of Daphne Caruana Galizia, which was found to be both predictable and preventable. The Inquiry found ‘[T]he State should bear the responsibility for the assassination by creating a climate of impunity, generated from the highest levels at the core of the administration … and spreading its tentacles to other entities such as regulatory institutions and the Police.’1 This, the Board found, led to the collapse of the rule of law; a failure to acknowledge the real and immediate risk to Daphne Caruana Galizia’s life; and a failure to take effective preventive measures to protect her.

 

In its report the Board of Inquiry made a number of key recommendations to restore the rule of law and avoid that an assassination like that of Daphne Caruana Galizia can ever happen again. The recommendations provided an historic opportunity for the Government of Malta to implement its international human rights obligations to create an enabling environment for journalism and to protect journalists. 

 

The Daphne Caruana Galizia Foundation and Article 19 Europe publish a report today on the Public Inquiry including an evaluation of the implementation of its recommendations. It finds that to date, with minor exceptions, the Government of Malta has failed to implement these recommendations and has rejected proposals to implement anti-corruption legislation. The changes introduced so far are token gestures, rather than urgently needed, radical and effective change. 

 

In particular, the Government has failed to implement the recommendation to introduce laws tackling financial crime and corruption. Notwithstanding the changes made to the appointment of the Attorney General and Police Commissioner as part of the recommendations of the Venice Commission, serious concerns prevail that the Malta Police and the Office of the Attorney General still fail to truly initiate investigations and carry out effective prosecutions on the trails of corruption leading to the murder of Daphne Caruana Galizia, as well as on related scandals that emerged post her death, alongside ongoing magisterial inquiries. 

 

The persistent lack of political will to prosecute corruption revealed by journalists, including Daphne Caruana Galizia, has been seriously criticised. The European Public Prosecutor (EPPO), the EU’s financial crime watchdog, Laura Kövesi, has questioned whether there is political will to tackle corruption commenting that, “Malta is paying lip service in its efforts to crack down on EU fraud and corruption.” Even where investigations have been initiated, the profound delays in prosecuting corruption, including in the Pilatus Bank scandal uncovered by Daphne Caruana Galizia in 2016, contribute to a context of impunity for corruption. The delay in implementing the Public Inquiry recommendations on anti-corruption are prejudicial to journalists who continue to report on the corruption which Daphne Caruana Galizia was killed for exposing and on other malfeasance and who remain at serious risk. 

 

While some initiatives have been taken within the Maltese police force to establish a main contact point with journalists, much work remains to be done both in terms of training of the police on international standards as they relate to freedom of expression and in securing the trust of journalists. Offers of assistance in this regard from international media freedom organisations have gone unanswered. 

 

A “Committee of Experts on Media” was announced on 11 January 2022 and tasked to provide Prime Minister Robert Abela with feedback on draft law reform proposals pertaining to freedom of expression and media freedom which the Prime Minister submitted to the Committee. The Terms of Reference for the Committee fail to require that the committee is independent, made up of individuals of demonstrable integrity and expertise, and that it should have cross-societal support. The lack of transparency and consultation with which the committee has operated since receiving its ToR poses a major concern to its legitimacy. The committee has not met with civil society, media or journalists nor the Caruana Galizia family. It has also refused to participate in conferences relating to media freedom in Malta. While it is understood that the Prime Minister was presented with the Committee’s advice on his draft legislation and that the Committee is continuing its work, the process it has opted to follow lacks transparency.

 

The Government of Malta has put forward two draft legal proposals for the committee to examine: one to “to amend the Constitution and various other laws to strengthen the right to freedom of expression and the right to privacy and to implement various measures for the protection of the media and of journalists”; and another “to provide for the establishment of structures for the protection of democratic society including the protection of journalists, other persons with a role in the media and in non-governmental organisations and persons in public life.” The OSCE Representative on Freedom of the Media and ARTICLE 19 have analysed the proposals for their compliance with Malta’s obligations under international human rights standards and have made important recommendations to strengthen the proposals including to ensure better protection of journalists, the right to information and comprehensive protection for journalists against SLAPPs. 

 

One year on from the publication of the Public Inquiry report and almost five years since the assassination of Daphne Caruana Galizia, we urge the Government of Malta once again to live up to its international obligations and implement the recommendations of the Board’s report, along with those of the OSCE, Venice and GRECO Commissions, in a transparent manner without further delay and in full consultation with all stakeholders. 

Signed by:

  • ARTICLE 19 Europe
  • Association of European Journalists
  • Committee to Protect Journalists
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • IFEX
  • International Press Institute (IPI)
  • PEN International
  • Reporters Without Borders

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, Candidate Countries and Ukraine.

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Greece: Real Group media offices targeted in arson attack

Greece: Real Group media offices targeted in arson attack

The partner organisations of the Media Freedom Rapid Response (MFRR) today join the Journalists’ Union of Athens Daily Newspapers (JUADN) in condemning the arson attack on the offices of newspaper Real News and the radio station Real FM in Athens on 13 July 2022.

13 July 2022

Our organisations call on the Greek law enforcement authorities to conduct a swift and thorough investigation into the motive and circumstances behind the fire and to bring the perpetrators and masterminds to justice. This case is yet another worrying example of the deteriorating press freedom in Greece, which requires immediate attention from state authorities.

 

On 13 July 2022, at 3:30am, at least four gas canisters exploded in the exterior stairwell of the offices of the Real Group headquarters in the Maroussi district of the capital. Three of the canisters had been taped together and placed with flammable liquid in the stairwell between the ground and first floors, while a fourth had been placed under the stairwell, according to reports.

 

Following the explosion, a fire broke out and damaged a large part of the building while employees working inside had to be evacuated. No major injuries were reported but a number of people were taken to hospital with respiratory problems. Photos and videos of large flames were shared on social media showing the extent of the fire, which was brought under control after 18 firefighters battled the blaze for two hours, according to media reports.

 

According to Real Group, surveillance cameras captured two masked individuals who were present at the scene shortly before the explosion. The authorities have not ruled out the possibility that a support group helped them and waited for the perpetrators at some distance from the building.

 

The Journalists’ union JUADN condemned the attack on press freedom and called for a transparent investigation: “When the media is set on fire, when the state cannot solve crimes against journalists and the media and bring perpetrators to justice, when groups aiming to intimidate, silence or control the media act without restraint, democracy is at risk.”

 

The situation of press freedom in Greece is of increasing concern to the MFRR organisations, which carried out a fact-finding mission last year amidst a deteriorating climate for free and independent journalism. Today, the European Commission echoed these significant concerns in its 2022 Rule of Law report on Greece and recommended that Greece “establish legislative and other safeguards to improve the physical safety and working environment of journalists”.

 

The quick condemnation of the attack by government officials, including Prime Minister Kyriakos Mitsotakis, is welcome and sends a clear signal that such intimidation will not be tolerated. However, this latest attack underscores the urgent need for the Greek government to effectively and swiftly implement the recently signed memorandum aimed at strengthening the protection and safety of journalists.

 

More widely, the lack of any tangible progress in bringing the killers of veteran Greek crime reporter Giorgos Karaivaz to justice only emboldens those aiming to silence the press and encourages similar attacks. Identifying and prosecuting those behind this arson attack, and ending impunity for other cases of violence, will be vital in the coming months for improving the landscape for media freedom in Greece.

Signed by:

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

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

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Albania: MFRR partners join an open letter to Prime…

Albania: MFRR partners join an open letter to Prime Minister Edi Rama

The partner organisations of the Media Freedom Rapid Response (MFRR) today join an open letter to Prime Minister Edi Rama from international press freedom groups over decision to ban journalists from press conferences.

06 July 2022

Dear Edi Rama, Prime Minister of Albania,

Endri Fuga, Director General of the Media and Information Agency

Teresa Ribeiro, OSCE Representative on Freedom of the Media

Olivér Várhelyi, EU Commissioner for Neighbourhood and Enlargement

Alexis Hupin, Chargé d’affaires at EU Delegation to Albania, 

Dunja Mijatović, Council of Europe Commissioner for Human Rights

Yuri Kim, U.S. Ambassador to the Republic of Albania

 

Dear Prime Minister Rama,

 

The undersigned media freedom and freedom of expression organisations are writing to protest against your recent decision to unilaterally ban journalists from attending government press conferences and demand they undergo “re-education” after they asked challenging questions about matters of public interest.

 

Our organisations are concerned that these arbitrary restrictions seriously affect the ability of the press to carry out its watchdog role and seek answers about challenging issues. They are also emblematic of deeper problems regarding access to information for journalists and the obstruction of free and independent journalism in Albania, which ranks 103rd in RSF’s World Press Freedom Index, dropping annually by 20 places.

 

We note that during a joint press conference with Foreign Affairs Minister Olta Xhaçka on 1 July 2022, you responded to questions asked to the minister by journalist Klevin Muka of CNN affiliate A2 by telling him that he had violated the journalistic code of ethics and that he needed to undergo three months of “re-education” before he would be welcome at future press events.

 

In our assessment, the questions from Mr. Muka involved a legitimate matter of public interest on the recently established Code of Ethics of the Council of Ministers and potential conflicts of interest involving the minister in question, and therefore justified a response. Instead, he now faces an arbitrary three-month ban from press conferences, which will seriously affect his ability to properly carry out his professional duties.

 

Concerningly, we note this is not the first time a journalist has faced such a restriction. During a press conference outside the headquarters of the Socialist Party in March 2022, you told Syri.net TV journalist Ambrioza Meta that she required “re-education” and was barred from press conferences for 60 days, after she asked public interest questions about the arrest of a Socialist party MP and a corruption case linked to incinerators.

 

To our understanding, no formal administrative sanction exists in Albania which allows journalists to be unilaterally banned from attending government press conferences by individual politicians, even those holding executive office. It is our view therefore that the measures imposed on both Klevin Muka and Ambrioza Meta were arbitrary and unjustified.

 

In a democratic society, it is not the role of elected officials to personally impose disciplinary measures on individual journalists over what they consider to be alleged breaches of ethics. We therefore urge you to immediately reverse the restriction on Klevin Muka and to refrain from imposing such measures on all members of the press in the future.

 

Our organisations believe strongly in professionalism and integrity of the journalistic profession, for which there are important initiatives in Albania underway. However, adherence to journalistic ethics and standards should be observed and handled from within the journalistic community itself, rather than imposed by political forces.

 

More generally, we see these restrictions as illustrative of wider problems regarding access to information for journalists and media freedom in Albania, issues our organisations have repeatedly raised concerns about. We also note the protest organised by journalists in Tirana on 4 July 2022, which criticised the restriction as emblematic of broader efforts by political forces to dictate what questions can and cannot be asked by journalists at press conferences.

 

We hope to see this situation remedied as quickly as possible. Moving forward, our organisations will also continue to monitor the situation for media freedom in Albania and to push for measures which foster a better climate for independent and watchdog media. We look forward to seeing your response and welcome any opportunity for further discussion.

 

Signed:

Balkan Free Media Initiative 

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

International Press Institute (IPI)

OBC Transeuropa (OBCT)

Reporters Without Borders (RSF)

SafeJournalists Network

Lënda: Letër e hapur, Kryeministrit Edi Rama nga grupet ndërkombëtare për lirinë e shtypit për vendimin mbi ndalimin e gazetarëve nga konferencat për shtyp

 

Drejtuar: z. Edi Rama,

Kryeministër i Shqipërisë

 

Për djeni:

Endri Fuga, Drejtor i Përgjithshëm i Agjencisë së Medias dhe Informacionit

Teresa Ribeiro, Përfaqësues i OSBE-së për Lirinë e Medias

Olivér Várhelyi, Komisioner i BE-së për Fqinjësinë dhe Zgjerimin

Alexis Hupin, i Ngarkuari me Punë në Delegacionin e BE-së në Shqipëri,

Dunja Mijatovic, Komisionere e Këshillit të Evropës për të Drejtat e Njeriut

Yuri Kim, Ambasadore e SHBA-së në Republikën e Shqipërisë

 

I nderuar  Kryeministër Rama,

 

Organizatat e nënshkruara për lirinë e medias dhe lirinë e shprehjes po ju shkruajnë për të shprehur shqetësimin tonë për vendimin tuaj të fundit për të ndaluar në mënyrë të njëanshme pjesëmarrjen e gazetarëve në konferencat e shtypit të qeverisë dhe për të kërkuar që ata t’i nënshtrohen “riedukimit” pasi ata drejtuan pyetje sfiduese për çështje me interes publik.

 

Organizatat tona janë të shqetësuara se këto kufizime arbitrare ndikojnë seriozisht në aftësinë e shtypit për të kryer rolin e tyre mbikëqyrës dhe për të kërkuar përgjigje për çështje sfiduese. Ato janë gjithashtu emblematike e problemeve më të thella në lidhje me aksesin në informacion për gazetarët dhe pengimin e gazetarisë së lirë dhe të pavarur në Shqipëri, e cila renditet e 103-ta në Indeksin Botëror të Lirisë së Shtypit të RSF-së, duke rënë çdo vit me 20 vende.

 

Kemi vëmë re se gjatë një konference të përbashkët për shtyp me ministren e Jashtme Olta Xhaçka, më 1 korrik 2022, ju iu përgjigjët pyetjeve të gazetarit Klevin Muka të stacionit A2 degë CNN, duke i thënë se kishte shkelur kodin e etikës gazetareske dhe se ai duhej t’i nënshtrohej tre muajsh “riedukimit” përpara se të ishte i mirëpritur në konferencat e rradhës për shtyp.

 

Në vlerësimin tonë, pyetjet e zotit Muka përfshinin një çështje legjitime me interes publik mbi Kodin e Etikës të Këshillit të Ministrave të sapokrijuar dhe konflikte të mundshme interesi që përfshijnë ministren në fjalë, dhe për këtë arsye justifikonin një përgjigje. Në vend të kësaj, ai tani përballet me një ndalim arbitrar prej tre muajsh nga konferencat për shtyp, gjë që do të ndikojë seriozisht në aftësinë e tij për të kryer siç duhet detyrat e tij profesionale.

 

Me shqetësim, theksojmë se kjo nuk është hera e parë që një gazetar përballet me një kufizim të tillë. Gjatë një konference për shtyp jashtë selisë së Partisë Socialiste në mars 2022, ju i keni thënë gazetares së TV Syri.net, Ambrioza Meta se ajo kishte nevojë për “riedukim” dhe u ndalua nga konferencat për shtyp për 60 ditë, pasi ajo bëri pyetje me interes publik për arrestimin e një deputeti të Partisë Socialiste dhe një rast korrupsioni të lidhur me inceneratorët.

 

Në këndvështrimin tonë, në Shqipëri nuk ekziston asnjë sanksion administrativ zyrtar që lejon që gazetarët të ndalohen në mënyrë të njëanshme të marrin pjesë në konferencat e shtypit të qeverisë nga politikanë individualisht, apo edhe ata që mbajnë poste ekzekutive. Prandaj mendojmë se masat e vendosura si ndaj Klevin Mukës ashtu edhe ndaj Ambrioza Metës ishin arbitrare dhe të pajustifikuara.

 

Në një shoqëri demokratike, nuk është roli i zyrtarëve të zgjedhur që të vendosin personalisht masa disiplinore ndaj gazetarëve si individ mbi ato që ata konsiderojnë – me të drejtë ose jo – si shkelje të pretenduara të etikës. Ndaj ju bëjmë thirrje që të hiqni menjëherë kufizimin ndaj Klevin Mukës dhe të përmbaheni nga vendosja e masave të tilla ndaj të gjithë anëtarëve të shtypit në të ardhmen.

 

Organizatat tona besojnë fort në profesionalizmin dhe integritetin e profesionit të gazetarit, për të cilin janë duke u zhvilluar nisma të rëndësishme në Shqipëri. Megjithatë, respektimi i etikës dhe standardeve gazetareske duhet të respektohet dhe trajtohet nga brenda vetë komunitetit gazetaresk, në vend që të imponohet nga forcat politike.

 

Për më tepër, ne i shohim këto kufizime si ilustruese të problemeve më të gjera në lidhje me aksesin në informacion për gazetarët dhe lirinë e medias në Shqipëri, çështje për të cilat organizatat tona kanë ngritur vazhdimisht shqetësime. Vëmë re gjithashtu protestën e organizuar nga gazetarët në Tiranë më 4 korrik 2022, e cila kritikoi kufizimin  emblematik të përpjekjeve më të gjera të forcave politike për të diktuar se çfarë pyetjesh mund dhe nuk mund të bëhen nga gazetarët në konferencat për shtyp.

 

Shpresojmë që kjo situatë të përmirësohet sa më shpejt që të jetë e mundur. Duke ecur përpara, organizatat tona do të vazhdojnë gjithashtu të monitorojnë situatën për lirinë e medias në Shqipëri dhe të nxisin masat që mbështesin një klimë më të mirë për mediat e pavarura dhe vëzhguese.

 

Ne mbetemi në pritje të përgjigjes tuaj dhe mirëpresim çdo mundësi për diskutim të mëtejshëm.

 

Nënshkruar:

Balkan Free Media Initiative 

Qendra Evropiane për Lirinë e Shtypit dhe Medias (ECPMF)

Federata Evropiane e Gazetarëve (EFJ)

Instituti Ndërkombëtar i Shtypit (IPI)

OBC Transeuropa (OBCT)

Reporterët pa Kufij (RSF)

Rrjeti i Gazetarëve të Sigurt (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, Candidate Countries and Ukraine.

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