18 Oct 17 | Campaigns -- Featured, Malta, media freedom featured, Statements
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Daphne Caruana Galizia
Sixteen press freedom groups condemn the killing of investigative journalist Daphne Caruana Galizia and demand an immediate and independent investigation into her death.
“The murder of a prominent investigative journalist in broad daylight in an EU Member State underscores the seriousness of this crime. Daphne Caruana Galizia’s work as a journalist to hold power to account and shine a light on corruption is vital to maintaining our democratic institutions. Her killing is a loss for her country and for Europe”, Hannah Machlin, project manager for Index on Censorship’s data platform Mapping Media Freedom, said.
Daphne Caruana Galizia was killed when the car she was driving exploded in Bidnija around 15.00 on 16 October in what is thought to have been a targeted attack..
“The barbaric murder of Daphne Caruana Galizia is an attack on journalism itself. This crime is meant to intimidate every investigative journalist,” Dr Lutz Kinkel, Managing Director of the European Centre for Press and Media Freedom, said.
“Because Prime Minister Joseph Muscat and parts of Malta’s political elite were targets of Galizia’s disclosures, we strongly recommend an independent investigation of this case. The killers have to be found and put on trial.”
The blast left her vehicle in several pieces and threw debris into a nearby field. Half an hour before the powerful explosion, the journalist posted a comment about a libel claim the prime minister’s chief of staff had brought against a former opposition leader over comments the latter made about corruption.
Galizia filed a police report 16 days ago saying she was being threatened.
Galizia had conducted a series of high profile corruption investigations and has been subject to dozens of libel suits and harassment. Because of her research, in February, assets were frozen following a request filed by Economic Minister Chris Cardona and his EU presidency policy officer Joseph Gerada.
On 24 August opposition leader Adrian Delia filed a lawsuit against her over stories linking him to offshore accounts totalling to £1 million earned from alleged prostitution in London flats. On 11 March Silvio Debono, owner of the real estate investment company DB Group, filed 19 libel cases against her after Caruana Galizia published a number of articles about his deals with the Maltese government to take over a large tract of high value public land.
Galizia also conducted an investigation linking the Prime Minister Joseph Muscat and his wife Michelle to secret offshore bank accounts to allegedly hide payments from Azerbaijan’s ruling family, which were unveiled in the Panama Papers. She worked on this investigation with her son Matthew Caruana Galizia, a journalist for the Pulitzer prize winning International Consortium of Investigative Journalists, who has had his posts on allegations of wrongdoing by Prime Minister Joseph Muscat and his associates censored on Facebook.
On 17 October 2017, her family filed an urgent application for the Duty Magistrate Consuelo Scerri Herrera to abstain from investigating Caruana Galizia’s murder because of the court’s “flagrant conflict of interest”. In 2011, the magistrate initiated court proceedings against the journalist over comments she had made about Magistrate Herrera.
Seven reports of violations of press freedom were verified in Malta in 2017, according to Index on Censorship’s Mapping Media Freedom project. Five of those are linked to Caruana Galizia and her family.
The murder has brought widespread condemnation from the international community including statements from Council of Europe Secretary General Thorbjørn Jaglan and OSCE’s Media Freedom Representative Harlem Désir.
We, the undersigned press freedom organisations call for:
— An independent and transparent investigation into the killing of Daphne Caruana Galizia
— Protection for her family members and for other Maltese journalists who have been under threat
— Measures to protect the environment for independent and critical journalism to ensure that reporters can work freely
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Article 19
The Association of European Journalists (AEJ)
The Center for Investigative Reporting
Committee to Protect Journalists
The European Centre for Press and Media Freedom
The European Federation of Journalists (EFJ)
Freedom of the Press Foundation
Index on Censorship
International News Safety Institute (INSI)
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Osservatorio Balcani e Caucaso Transeuropa (OBCT)
Ossigeno per I’nformazione
Platform of Independent Journalism (P24)
Reporters Sans Frontieres (RSF)
South East Europe Media Organisation (SEEMO) [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1508321261018-6a10a188-6c0b-6″ taxonomies=”8996″][/vc_column][/vc_row]
16 Oct 17 | Europe and Central Asia, Malta, media freedom featured, Statements
Daphne Caruana Galizia
Maltese journalist Daphne Caruana Galizia was killed on Monday afternoon 16 October when her car exploded shortly after she left her house.
“We strongly condemn the violent killing of investigative journalist Daphne Caruana Galizia. We urge the Maltese authorities to swiftly and thoroughly investigate the circumstances to bring the perpetrators to justice”, Hannah Machlin, project manager of Mapping Media Freedom, said.
Galizia was recently threatened according to TVM.
Galizia was sued in March 2017 by a property developer who filed 19 libel cases against her. In February 2017, economic minister Chris Cardona and his EU presidency policy officer Joseph Gerada filed four libel suits against the journalist.
Galizia had also conducted investigations linking Malta’s prime minister, Joseph Muscat and his wife Michelle, to secret offshore bank accounts revealed by the Panama Papers.
10 May 24 | Iran, News and features, Statements
On 24 April 2024 Iranian songwriter and rapper, Toomaj Salehi, was sentenced to death for using his voice and his music to call out the human rights abuses of the Iranian regime.
Salehi’s death sentence is the culmination of three years of judicial harassment, including arrest, imprisonment and torture. His persecution has intensified since the 2022-23 protests in Iran. These protests, which Salehi supported, followed Mahsa Amini’s death while in the custody of the morality police.
Many of Salehi’s songs refer to the human rights situation in Iran, explicitly criticising the regime and calling for fundamental rights, including women’s rights, to be upheld. Last October, Salehi received Index on Censorship’s Freedom of Expression Award in the arts category.
As artists, musicians, writers and leading cultural figures we stand in solidarity with Toomaj Salehi. We call for his death sentence to be immediately and unconditionally quashed and for him to be released from detention without delay, with all other charges dismissed.
Art must be allowed to criticise, to provoke, to question and to challenge authority. That is both our right and our duty as artists. “Now, free hair is dancing — playing with the wind.” Salehi says in the song Shallagh (Whip) recorded with the Iranian rapper, Justine, supporting the young people taking part in the 2022-23 protests in support of women’s rights.
No artist should be subject to any kind of judicial harassment for exercising their right to freedom of expression, much less be sentenced to death.
SIGNED:
David Aaronovitch, writer and broadcaster
Yasmin Abdel-Magied, writer
Majid Adin, animator and illustrator
Rashad Ali, researcher
Lord David Alton, peer
Sara Amini, theatre director
Ruth Anderson, CEO of Index on Censorship
Kerry Andrew, writer and musician
Professor Ali Ansari, historian
John Armah, culture board trustee
Mona Arshi, poet
Neal Ascherson, writer
Margaret Atwood, writer
Ganjei Babak, visual artist
Tamara Baschak, pianist
Karima Benoune, law professor and former UN Special Rapporteur on Cultural Rights
Steve Beresford, musician and lecturer
Nazanin Boniadi, actress and campaigner
Roya Boroumand, co-founder and executive director of Aborrahman Boroumand Center for Human Rights in Iran
Elli Brazzill, founder, Art Not Evidence
Simon Brodkin, comedian
Bill Browder, writer and human rights campaigner
Tina Brown, CBE, journalist, editor and author
Shereener Browne, actor, theatre maker & barrister
Alastair Campbell, writer and communicator
Matthew Caruana Galizia, director, Daphne Caruana Galizia Foundation
Stevie Chick, writer and editor
Jasmina Cibic, artist and filmmaker
Coldplay, musicians
Andrew Copson, chief executive, Humanists UK
Rob da Bank, DJ
Hossein Dabbagh, philosopher
Stephen Dalton, arts journalist
Matthew d’Ancona, journalist and author
Andy Diagram, musician
Jonathan Dimbleby, broadcaster and historian
Kwame Djemjem, teacher
John Doran, writer and editor
Graham Dowdall, musician and lecturer
Catherine Dunne, writer and chair, Irish PEN
Shirin Ebadi, Nobel Laureate
Inua Ellams, writer and curator
Barbara Ellen, journalist
Zlata Filipovic, writer and documentary maker
Lord Daniel Finkelstein, journalist and politician
Viviana Fiorenino, writer and board member, Irish PEN
Cassie Fox, lecturer and musician
Andrew Franklin, publisher, and trustee of Index on Censorship
Caoilfhionn Gallagher KC, human rights lawyer, and acting for Toomaj Salehi’s family
Elizabeth T Grey Jr, poet and translator
Hadi Ghaemi, founder and director of Center for Human Rights in Iran
Maryam Grace, actor and writer
Malu Halasa, writer
Dana Haqjoo, actor
Dr Patrick Hassan, philosopher and musician
Charles Hayward, musician
Lord John Hendy KC, peer and human rights lawyer
Afua Hirsch, writer and broadcaster
Rosie Holt, comedian
Gwyneth Hughes, screenwriter
Bianca Jagger, founder and president of the Bianca Human Rights Foundation Council of Europe Goodwill Ambassador to Abolish the Death Penalty
Lanna Joffrey, actor and writer
Professor David Kaye, former United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Baroness Helena Kennedy KC, peer and human rights lawyer
David Knopfler, recording artist
Shaparak Khorsandi, comic and author
Angela Last, cultural geographer, musician and label owner
Lumli Lumlong, artists
Rahima Mahmut, musician and human rights campaigner
Kate Maltby, writer and deputy chair of Index on Censorship
Colum McCann, writer
Val McDermid, writer and broadcaster
Professor Juan Méndez, former United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Fiona Millar, journalist
Keir Monteith KC, barrister
Helen Mountfield KC, principal of Mansfield College Oxford and trustee of Index on Censorship
Joe Muggs, writer
Dr Phil Mullen, musician and educator
Joe Murphy, writer
Azar Nafisi, writer and professor
Ayat Najafi, film director and screenwriter
Roshi Nasehi, musician and theatre-maker
Ramita Navai, journalist
John Norton, radio producer and artist
Sir Ben Okri, poet and novelist
Abenaa Owusu-Bempah, associate professor, London School of Economics
Matthew Parris, writer and broadcaster
Matteo Pericoli, artist
Trevor Phillips, broadcaster and chair of Index on Censorship
Professor Eithne Quinn, University of Manchester academic
Izzy Rabey, director
Nora Rahimian, anti-capitalist business coach and #CultureFix co-founder
Kaveh Rahnama, director and programme creator
Richard Ratcliffe, campaigner
Dafydd Huw Rees, philosopher
Damien Rice, musician
Joe Robertson, writer
Ian Rosenblatt, lawyer and trustee of Index on Censorship
Maryam Sandjari Hashemi, multidisciplinary artist
Philippe Sands, writer
Dr Katherine Schofield, senior lecturer in South Asian Music and history, King’s College London
Elif Shafak, novelist
Kamila Shamsie, novelist
Bill Shipsey, founder and director of Art for Human Rights
Reza Shirmarz, playwright
Peter Sís, artist
Simon Speare, composer and teacher
Mark Stephens, CBE, free speech lawyer, Howard Kennedy LLP and trustee of Index on Censorship
Sting, musician
David Stubbs, writer
Nazli Tabatabai-Khatambakhsh, artist, writer and academic
Ghafar Tajmohammad, artist and curatorial project manager at the Migration Museum
Jade Thirlwall, musician
Mark Thomas, comedian
Salil Tripathi, writer
Roxana Vilk, actor and musician
Amber Wilkinson, journalist
Vanessa Wilson-Best, musician and director of music
Lord Stewart Wood, peer
Nazanin Zaghari-Ratcliffe, former hostage and campaigner
Liza Zahra, actor
Vahid Zarezadeh, filmmaker
11 Apr 24 | News and features, United Kingdom
Over sixty editors, journalists, writers, publishers, academics, and experts have written to Justice Secretary Alex Chalk KC MP calling on the Government to support amendments to the Strategic Litigation Against Public Participation Bill. Signatories include the editors of DMG Media, The Wall Street Journal, The Guardian, The Telegraph, The Times and The Sunday Times, Private Eye, and The Economist.
“We are closer than ever to establishing a standalone anti-SLAPP law, but we cannot let its roximity stop us from ensuring the Bill does what it is intended to: protecting public interest speech from being silenced by SLAPPs,” the letter said.
The signatories are calling on the Government to address the fundamental flaw at the centre of the Bill’s early dismissal mechanism that requires a court to make a subjective judgement as to the intent of a SLAPP claimant in order to determine whether the legal action can be identified as a SLAPP. They echo concerns raised by the Law Society and MPs, that identifying a claimant’s intent “is a notoriously difficult, time-intensive, expensive and uncertain process that would undermine the effective operation of the protections the law provides.”
The signatories highlight concerns that deficiencies of the Economic Crime and Corporate Transparency Act (ECCTA) were previously made clear to the Government, but yet have been replicated in full in the Anti-SLAPP Bill.
“If enacted in its current form, the Bill risks becoming an ineffective, inaccessible, and ultimately redundant legal instrument,” the letter said. “[B]y making a small but important amendment, we can ensure courts and judges are able to make timely, consistent and evidence-based determinations of SLAPP cases before legal costs have accrued.”
The signatories also called for the definition of public interest in the Bill to be refined in order to further strengthen the legislation. “We believe the current definition of public interest could introduce unnecessary uncertainty, which must be avoided for this Bill to be effective”, they said.
“[A]n Anti-SLAPP Law must be accessible, simple and trusted by public watchdogs to effectively protect free expression,” the signatories said.
Katharine Viner, Editor-in-Chief, The Guardian said: “SLAPPs threaten free speech and a free press by enabling those with deep pockets to harass, intimidate and exhaust critics with the goal of deterring public interest journalism. We welcome the work to get a workable anti-SLAPP law in place, with these small changes being vital to making that happen.”
Catherine Belton, International investigative reporter, Washington Post, Author, Putin’s People, said: “It’s really important that after all the crusading work by NGOs and MPs, journalists don’t end up with a law that is ultimately ineffective or worse, counterproductive, in combating SLAPPs. In its current form, the proposed legislation would not improve the situation for any journalist and instead more likely strengthen any claimant’s hand, as it will be near impossible to prove a claimant’s intent. This law must be urgently amended, otherwise we risk shooting ourselves in the foot.”
Here is the full letter to Alex Chalk KC MP sent on 10 April 2024:
Rt. Hon. Alex Chalk KC MP, Secretary of State for Justice
Rt. Hon. Rishi Sunak MP, Prime Minister of the United Kingdom
Rt. Hon. Lucy Frazer KC MP, Secretary of State for Digital, Culture, Media and Sport
Ms. Julia Lopez MP, Minister of State (Department for Culture, Media and Sport)
Rt. Hon. Lord Cameron, Secretary of State for Foreign, Commonwealth and Development Affairs
Ms. Shabana Mahmood MP, Shadow Labour Secretary of State for Justice
Rt. Hon. Alistair Carmichael MP, Liberal Democrat Spokesperson for Home Affairs, Justice and Northern
Ireland
Mr. Chris Stephens MP, Shadow SNP Spokesperson (Justice)
Mr. Paul Philip, Chief Executive, Solicitors Regulation Authority
Mr. Mark Neale, Director-General, The Bar Standards Board
Mr. Matthew Hill, Chief Executive, Legal Services Board
Mr. Michael O’Flaherty, Council of Europe Commissioner for Human Rights
Ms. Teresa Ribeiro, Organization for Security and Co-operation in Europe Representative on Freedom of the
Media
Mr. Volker Türk, United Nations High Commissioner for Human Rights
Ms. Irene Khan, United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of
Opinion and Expression
10 April 2024
Dear Rt. Hon. Alex Chalk KC MP,
We are contacting you ahead of the committee stage of the Strategic Litigation Against Public Participation Bill, a Private Members’ Bill brought by Wayne David MP to support the small but crucial amendment proposed by the UK Anti-SLAPP Coalition. We are closer than ever to establishing a standalone anti-SLAPP law, but we cannot let its proximity stop us from ensuring the Bill does what it is intended to: protecting public interest speech from being silenced by SLAPPs. As drafted we fear the Bill falls short of the necessary protections needed to achieve this goal.
Since the anti-SLAPP amendment was published in the Economic Crimes and Corporate Transparency Act (ECCTA) last year, stakeholders on both sides of the SLAPP debate have raised concerns about the efficacy of the Government’s approach. The deficiencies of the ECCTA’s anti-SLAPP provisions have been made clear to the Government, yet they have been reproduced in their entirety in the Private Members’ Bill. If enacted in its current form, the Bill risks becoming an ineffective, inaccessible, and ultimately redundant legal instrument.
However, there is still an opportunity to remedy this to ensure it is a Bill that will serve its purpose. Currently, the definition of a SLAPP requires a court to make a subjective judgement as to the intent of a claimant in order to determine if the legal action in question can be identified as a SLAPP. This is a notoriously difficult, time-intensive, expensive and uncertain process that would undermine the effective operation of the protections the law provides. Using the subjective test will hinder the early dismissal mechanism that sits at the heart of this Bill, but by making a small but important amendment, we can ensure courts and judges are able to make timely, consistent and evidence-based determinations of SLAPP cases before legal costs have accrued.
As the Bill comes before the Bill Committee for scrutiny, we call for the Government to support amendments to Clause 2(1) to replace the subjective test with an objective test. This would give SLAPP targets greater certainty, while also providing the clarity courts need to effectively apply the new mechanism.
Refining the definition of public interest in the Bill would further strengthen this piece of legislation. We believe the current definition of public interest could introduce unnecessary uncertainty, which must be avoided for this Bill to be effective. While the examples in the Bill are only illustrative, it is vital that the definition demonstrates the breadth and diversity of public interest reporting to give confidence to public watchdogs.
This close to establishing an Anti-SLAPP Law that is universal in scope, we must ensure it can live up to the expectations of everyone who speaks out in the public interest. Only then will free expression be protected.
We hope that you agree that an Anti-SLAPP Law must be accessible, simple and trusted by public watchdogs to effectively protect free expression.
Kind regards,
Editorial and media senior management
Rozina Breen, CEO, The Bureau of Investigative Journalism (TBIJ)
Paul Dacre, Editor-in-Chief, DMG media
Chris Evans, Editor, The Telegraph
Tony Gallagher, Editor, The Times
Alessandra Galloni, Editor-in-Chief, Reuters
Isabel Hilton, Co-Chair, TBIJ
Ian Hislop, Editor, Private Eye
John Micklethwait, Editor-in-Chief, Bloomberg News
Zanny Minton Beddoes, Editor-in-Chief, The Economist
Paul Radu, Co-Executive Director, OCCRP
Richard Sambrook, Co-Chair, TBIJ
Aman Sethi, Editor-in-Chief, openDemocracy
Drew Sullivan, Publisher, Organized Crime and Corruption Reporting Project (OCCRP)
Ben Taylor, Editor, The Sunday Times
Emma Tucker, Editor-in-Chief, The Wall Street Journal
Ted Verity, Editor, The Daily Mail
Katharine Viner, Editor-in-Chief, The Guardian
Paul Webster, Editor, The Observer
Franz Wild, Editor, TBIJ
Associations, foundations and media support organisations
Lionel Barber, Chairman, The Wincott Foundation
Sarah Baxter, Director, Marie Colvin Center for International Reporting
Matthew Caruana Galizia, Director, The Daphne Caruana Galizia Foundation
Anthony Fargo, Director, Center for International Media Law and Policy Studies
George Freeman, Executive Director, Media Law Resource Center
Alexander Papachristou, Executive Director of the Cyrus R. Vance Center for International Justice
Michelle Stanistreet, General Secretary, National Union of Journalists
Sayra Tekin, Director of Legal, News Media Association
Lawyers and other legal professionals
Rupert Cowper-Coles, Partner and Head of Media, RPC
Matthew Dando, Partner and Head of Media Litigation, Wiggin LLP
David Hooper, Media Lawyer and writer on SLAPPs, Author, Buying Silence
Matthew Jury, Managing Partner, McCue Jury & Partners LLP
Baroness Helena Kennedy of the Shaws KC, Director, International Bar Association’s Human Rights Institute
Nicola Namdjou, General Counsel at Global Witness
Gill Phillips, Editorial Legal Consultant
David Price KC
Pia Sarma, Editorial Legal Director, Times Newspapers Ltd
Mark Stephens CBE, Lawyer, Co-Chair International Bar Association Human Rights Committee, Trustee, Index on Censorship
Samantha Thompson, Media Defence Lawyer, RPC
Writers, journalists and authors
Catherine Belton, International investigative reporter, Washington Post, Author, Putin’s People
Tom Bergin, Author and investigative journalist, Reuters
Richard Brooks, Journalist, Private Eye
Bill Browder, Author, financier, and Head of Global Magnitsky Justice campaign
Tom Burgis, Author and investigations correspondent, The Guardian
Paul Caruana Galizia, Reporter, Tortoise Media
Bill Emmott, Journalist, author, and former editor-in-chief of The Economist
Peter Geoghegan, Journalist and author
George Greenwood, Investigations Reporter, The Times
Eliot Higgins, Author and journalist
Edward Lucas, Author, European and transatlantic security consultant and fellow at the Center for European Policy Analysis (CEPA)
Thomas Mayne, Researcher and writer
Trevor Phillips, Broadcaster, writer and chair of Index on Censorship
Clare Rewcastle Brown, Journalist
Publishers
José Borghino, Secretary General, International Publishers Association
Dan Conway, CEO, Publishers Association
Andrew Franklin, Founder and publisher, Profile Books and trustee of Index on Censorship
Arabella Pike, Publishing Director, HarperCollins Publishers
Nicola Solomon, Chief Executive, Society of Authors
Academics
Peter Coe, Associate Professor in Law, Birmingham Law School, University of Birmingham
John Heathershaw, Professor of International Relations, University of Exeter
Andrew Scott, Associate Professor, London School of Economics and Political Science
Ursula Smartt, Media Lawyer, Associate Professor of Law, Northeastern University London
Media Contacts
For any questions or quotes from the Coalition, or to organise any media engagement on this, please contact [email protected]
Notes
● The letter was coordinated by the UK Anti-SLAPP Coalition, which is an informal working group established in January 2021, co-chaired by the Foreign Policy Centre, Index on Censorship and CliDef. It comprises a number of freedom of expression, whistleblowing, anti-corruption and transparency organisations, as well as media lawyers, researchers and academics who are researching, monitoring and highlighting cases of legal intimidation and SLAPPs, as well as seeking to develop remedies for mitigation and redress.
● For more information about the Coalition – www.antislapp.uk
● The letter sent to Alex Chalk KC MP with the full signatory list – https://antislapp.uk/wp-content/uploads/2024/04/Anti-SLAPP-Amendment-Letter-to-Alex-Chalk-KC-MP-1.pdf
● The Strategic Litigation Against Public Participation Bill – https://publications.parliament.uk/pa/bills/cbill/58-04/0021/230021.pdf
● For more details about the proposed amendment – https://antislapp.uk/wp-content/uploads/2024/04/Amendment-Text.pdf
● The UK Anti-SLAPP Coalition response to the publication of the Anti-SLAPP Private Members’ Bill – https://antislapp.uk/2024/02/20/anti-slapp-pmb-amendments/
● The UK Anti-SLAPP Coalition response to the publication of the ECCTA – https://antislapp.uk/2023/10/26/a-landmark-moment-but-we-cant-stop-here/
