9 Oct 2018 | Index in the Press
Type the word “terror” into the search box of Mapping Media Freedom, Index on Censorship’s European media freedom monitor, and more than 200 cases appear related to journalists targeted for their work under terror laws. Read the full article.
9 Oct 2018 | Campaigns -- Featured, Malta, Statements
[vc_row][vc_column][vc_column_text]Dear Prime Minister Joseph Muscat,
I write to you on behalf of the European Centre for Press and Media Freedom and 24 organisations representing thousands of journalists and human rights activists concerning Malta’s response to the assassination of journalist Ms Daphne Caruana Galizia.
Following her murder on 16 October 2017, the Maltese authorities initiated criminal proceedings against the men who allegedly detonated the bomb that killed Ms Caruana Galizia and a parallel magisterial inquiry into whether others should be charged with criminal offences for commissioning the alleged assassins. Both the criminal proceedings and magisterial inquiry focus solely on criminal culpability. Neither process is investigating the wider and even more serious question as to whether the Maltese state is responsible for the circumstances that led to Ms Caruana Galizia’s death.
Article 2 of the European Convention on Human Rights requires Malta – as a Member State of the Council of Europe – to comply with its protective obligation by examining (a) whether Malta knew, or ought to have known, of a real and immediate risk to Ms Caruana Galizia’s life; (b) the adequacy of any steps taken by Malta to guard against that risk; and (c) any steps that Malta needs to take to prevent future deaths of journalists and/or anti-corruption campaigners.
On 9 August 2018, a team of international lawyers from Doughty Street Chambers and Bhatt Murphy Solicitors in London issued a legal opinion finding that Malta has failed to institute any inquiry into whether the Maltese state bears any responsibility for the loss of Ms Caruana Galizia’s life. Following the legal opinion, the family has submitted the following request to your government:
To establish a public inquiry under the Inquiries Act that is completely independent of the Maltese police, Government and politicians, and that is conducted by a panel of respected international judges, retired judges and/or suitably qualified individuals with no political or government links.
We fully support the request and urge you to reconsider your position[1] and to respond immediately and positively to the request of the family of Ms Caruana Galizia. Protecting the lives and voices of journalists in Malta and across Europe depends upon this public inquiry. There is nothing to fear from this inquiry but the truth.
Seeking justice for Ms Caruana Galizia and protection for those who continue her legacy remains our top priority.
We would appreciate your written response to our appeal.
Flutura Kusari
Legal Advisor
The European Centre for
Press and Media Freedom
[email protected]
+383 49 236 664
[1] Interview of Prime Minister Joseph Muscat, BBC Radio, 22 September 2018, available here: https://www.bbc.co.uk/radio/play/b0bkzk0d (minute 49)
List of organisations
ActiveWatch – Media Monitoring Agency
Committee to Protect Journalists (CPJ)
IFEX
Index on Censorship
International Federation of Journalists (IFJ)
International Press Institute (IPI)
PEN American Center
PEN International
Reporters Without Borders (RSF)
South East Europe Media Organisation
World Association of Newspapers and News Publishers
Access Info
aditus foundation
Article 21
Blueprint for Free Speech
European Federation of Journalists
Global Editors Network
Helsinki Foundation for Human Rights
Integra Foundation
OBC Transeuropa/ Centro per la Cooperazione Internazionale
Ossigeno per l’Informazione
Platform of Human Rights Organisations in Malta (PHROM)
Press Emblem Campaign
Transparency International
The Critical Institute
The European Centre for Press and Media Freedom[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1539072348469-371fa85b-ad24-0″ taxonomies=”18782″][/vc_column][/vc_row]
9 Oct 2018 | Counter Terrorism, News and features
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Belfast-based Irish News security correspondent Allison Morris told Index on Censorship her concerns about the Counter-Terrorism and Border Security Bill in its current form.
The bill would have significant implications for journalism and media freedom. Lack of clarity and definition in many of its clauses would add to the difficulties that the bill would create for journalists. Journalists in Northern Ireland would face particularly acute problems.
“The bill proposes making it an offence to express and opinion or belief that is in support of a proscribed organisation,” Morris said. There are currently 14 proscribed organisations in Northern Ireland.
Morris has reported on dozens of statements from paramilitary groups for acts they have committed — from bombings and shootings to murder. “While I’m always aware that these claims can be used for propaganda purposes the public interest in knowing who was responsible for such acts of terror I believe outweighs that.”
She says knowing who is responsible is crucial to getting authorities to carry out an “adequate” investigation. The Counter-Terrorism bill’s opaque terminology means that “without clarity any journalist carrying a statement from a proscribed group could technically be breaking the law,” Morris said.
Morris says this has possible implications for reporting and documenting the history of Northern Ireland’s conflict, and wonders would it mean never to speak to or interview an ex-prisoner or former participant in the conflict.
“The bill also proposes making it illegal to publish an image which would arouse reasonable suspicion that the offender was a member or supporter of a proscribed organisation – in local terms this means covering parades, funerals or statements of intent could lead to the arrest of journalists and photographers,” she said.
Morris said that at a time when investigative journalism is under attack globally “such Draconian laws could impact the ability of security journalists to properly – and without fear of arrest – pursue stories connected to terror groups.”
“That seems a very dangerous tactic and one that should be resisted by anyone in favour of a free and independent press.”
Index is calling on the House of Lords to stop the bill being enacted in its current form.[/vc_column_text][vc_basic_grid post_type=”post” max_items=”8″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1539017012819-9c1318f9-7fa2-6″ taxonomies=”27743, 26927″][/vc_column][/vc_row]
8 Oct 2018 | Campaigns -- Featured, Counter Terrorism, Statements
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Index on Censorship is urging the House of Lords to stop the Counter-Terrorism and Border Security Bill being enacted in its current form. The House of Lords will begin considering the bill tomorrow.
The bill, which has been slipping quietly through parliament, would reshape the legal framework for freedom of expression and journalism in the UK in a very damaging way. It would have far-reaching implications for academic research.
The vague and unclear bill would criminalise expressing an opinion that is “supportive” of a proscribed (terrorist) organisation if done in a “reckless” way that encourages someone else to support that organisation (see Clause 1). This comes very close to criminalising opinion and would carry a prison sentence of up to 10 years.
Index is deeply concerned about other sections of the bill, which would undermine media freedom and restrict the rights of journalists. The bill would criminalise accessing content online that is likely to be useful for terrorism, even if you have no terrorist intent. A journalist investigating a terrorism-related story would risk a 15-year prison sentence. The bill would also criminalise publishing (for example, posting on social media) a picture or video clip of an item of clothing or an article such as a flag in a way that raises “reasonable suspicion” that the person doing it is a member or supporter of a terrorist organisation. The Joint Committee on Human Rights has recommended that this clause be withdrawn or amended because it “risks a huge swathe of publications being caught, including historical images and journalistic articles”.
Index has filed an official notification with the Council of Europe about the threats to media freedom in the bill and is awaiting the government’s reply to the Council. The Media Freedom Representative of the Organization for Security and Co-operation in Europe (OSCE) has written to the UK to express his worries about the bill.
United Nations special rapporteur Professor Fionnuala Ní Aoláin has expressed concerns about several parts of the bill, including its impacts on journalism, and emphasised that it should be brought in line with the UK’s obligations under international human rights law.
Joy Hyvarinen, head of advocacy, said: “The Counter-Terrorism and Border Security Bill has far-reaching and very damaging implications for freedom of expression and journalism in the UK. It has been slipping through Parliament with little attention from MPs. Index urges the House of Lords to stand up for the rights of UK citizens’ and stop the bill from being enacted in its current form”.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-file-text-o” color=”black” background_style=”rounded” size=”xl” align=”right” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2018%2F06%2Findex-on-censorship-submission-on-the-counter-terrorism-and-border-security-bill-2018%2F|||”][/vc_column][vc_column width=”3/4″][vc_column_text]
Laws that protect our rights to read, research, debate and argue are too easily removed. Index is concerned that clauses of the Counter-Terrorism and Border Security Bill will diminish those rights and freedoms. It submitted a paper to parliament to ask it to consider changes to the proposed bill in June 2018.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1538995099996-7859ed1d-3ad3-2″ taxonomies=”27743″][/vc_column][/vc_row]
