Joint statement on the proposal for the European Media Freedom Act

Photo: flyvancity

The undersigned journalists’, media freedom, and human rights organisations welcome the European Commission’s initiative to strengthen the free and pluralistic media system and the commitment to protect journalists and editorial independence within the European Union. These values directly link to fundamental rights, such as freedom of expression, the right to access to information, the formation of opinion, and making informed choices in elections, as enshrined in the Charter of Fundamental Rights.

Matters relating to the media have traditionally been the competence of member states, however such is the threat posed to media freedom that an EU-wide action has become necessary to protect Europe’s democratic values.

Therefore we support the European Media Freedom Act (EMFA), which breaks significant new ground in our efforts to protect media freedom in Europe. The EMFA has identified many of the key issues where the EU and member states must urgently act in order to protect media freedoms. This statement of intent, alone, is very welcome.

However, if the EMFA is to become effective in the struggle to guarantee media pluralism, to protect journalists’ rights and ensure editorial independence from the impact of vested commercial and political interests, it should strengthen efforts to increase the transparency in media ownership with clear rules instead of soft-law Recommendations; introduce rules governing all financial relations between the state and media and removing the limit on state advertising transparency for over one million inhabitants; guarantee the independence of national regulators as well as the independence of the European Board for Media Services; and should expand measures against surveillance of journalists and ensure a general guarantee for the protection of sources.

The undersigned organisations look forward to continuing to engage with the institutions of the European Union to ensure that the text of the European Media Freedom Act is as robust and effective as possible and helps provide a foundation for generations of journalists to come.

Association of European Journalists (AEJ)

Civil Liberties Union for Europe (Liberties)

Coalition for Creativity (C4C)

Committee to Protect Journalists

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

Global Forum for Media Development (GFMD)

Index on Censorship

International Press Institute (IPI)

Media Diversity Institute, Belgium (MDI)

OBC Transeuropa (OBCT)

Ossigeno.info

Reporters WIthout Borders (RSF)

Society of Journalists, Warsaw

South East Europe Media Organisation (SEEMO)

The Daphne Caruana Galizia Foundation

Transparency International EU

World Association Community Radio Broadcasters (AMARC Europe)

Attacks on journalists covering protests increase says new report

Physical attacks on journalists have increased dramatically over the past year, according to the latest annual report from the Council of Europe Platform on media freedom in Europe.

The platform, of which Index on Censorship is a partner, reports on serious threats to the safety of journalists and media freedom in Europe in order to reinforce the Council of Europe’s response to the threats and member states’ accountability.

The new report, Defending Press Freedom in Times of Tension and Conflict, reveals that the number of cases involving the safety and physical integrity of journalists has jumped by 51% year-on-year, with 82 cases reported to the platform.

Many of the attacks on journalists have taken place during public protests.

“Violence against journalists during street protests is fed by a wave of media bashing and an avalanche of hate speech on social networks – very often prompted by political figures – which directly target journalists, questioning their independence and legitimacy and therefore making them more vulnerable to physical aggression,” the report says.

Overall, the number of alerts in all categories published by the CoE platform has sky-rocketed to 280 in 2021, up from around 200 in 2020 and more than double the level reported in 2016. Of the 280 alerts, 110 related to the harassment and intimidation of journalists.

Index’s policy and campaigns manager Jessica Ní Mhainín

Speaking at the launch of the report, Index’s policy and campaigns manager Jessica Ní Mhainín highlighted cases of impunity in CoE’s report.

“Impunity for crimes against journalists refer to failure of states to identify, prosecute and punish anyone including the assailants and masterminds involved in committing a crime against a journalist,” she said. “Cultures of impunity contribute to self-censorship by making journalists more vulnerable to pressures out of fear of reprisals or harm.”

Some 35 cases of impunity have been registered on the platform since 2015 and two new impunity cases – those of Turkish journalist Uğur Mumcu, murdered in 1993, and Turkish-Cypriot journalist Kutlu Adalı, murdered in Cyprus in 1996 – were added to the impunity category during the year.

“In 2021, we welcomed the Slovak Supreme Court’s decision to overturn the not-guilty verdicts of the suspected masterminds of the 2018 murder of journalist Ján Kuciak and his fiancée Martina Kušnírová. The case will be heard in the Specialized Criminal Court later this year,” said Ní Mhainín.

Last year also saw the publication of a 438 page-report from the public inquiry into the assassination  of investigative journalist Daphne Caruana Galizia, which concluded that the state of Malta “must bear responsibility for the assassination because it created an atmosphere of impunity”.

“We once again call on the Maltese authorities and the Commission of Experts to implement the recommendations of the Public Inquiry,” said Ní Mhainín.

Russia, Turkey and Ukraine account for 60% of all the cases relating to impunity on the platform. Last October marked the 15th anniversary of Russian journalist Anna Politkovskaya’s murder.

Ní Mhainín said, “The masterminds of her murder are still at large, sending the incredibly dangerous message that killing a journalist is a low-risk crime.”

Yet impunity is not restricted to these countries.

A BBC Spotlight investigation has uncovered serious concerns over the police investigation and the failure to prosecute those behind the murder of Irish journalist Martin O’Hagan, who was killed in September 2001 for his reporting on paramilitary activities in Northern Ireland. The concerns raised in the programme, which aired on 2 March 2022, came in the wake of several Police Ombudsman reports that uncovered collusive behaviour between the police and loyalists in Northern Ireland. According to the BBC’s investigation, police did not act on important information – including individual names – that were handed over to them within 48 hours of the murder. The journalist’s family are now taking legal action against the Police Service of Northern Ireland (PSNI) and the Ministry of Defence.

“Press freedom is the canary in the coal mine – it is a key indicator of the clear and worrying degree of democratic backsliding that is taking place across Europe,” said Ní Mhainín. “That’s why we once again call on Council of Europe member states to ensure that the highest priority is given to conducting thorough and transparent investigations into all crimes against journalists and we remind member states of the 2016 Recommendation of the Committee of Ministers which requires states ‘adopt appropriate criminal law provisions to prevent impunity’”

Index condemns lawsuit against Bellingcat founder Eliot Higgins

Vladimir Putin tours the Concord factory and meets director Yevgeny Prigozhin, photo: Government of the Russian Federation

The undersigned organisations express their serious concern at the legal proceedings being brought in London against journalist Eliot Higgins, founder of the investigative journalism outlet Bellingcat. The lawsuit is being taken by Yevgeniy Prigozhin, a Russian oligarch who is widely known as “Putin’s Chef” due to his catering businesses and his close ties to Russian president Vladimir Putin. 

Prigozhin claims that he was defamed, and thereby caused serious reputational harm, by five tweets published by Higgins on his Twitter page in August 2020. He is suing Higgins not only for the content of the tweets, but for the content of the media articles (including reports by Bellingcat and CNN) that were linked in the tweets. The media articles referred to Prigozhin’s business operations’ tight links to Russia’s Defence Ministry and its intelligence arm, the GRU. 

In September 2021, Prigozhin announced via his press office that he had intended to sue Higgins and Bellingcat in the UK but was prevented from doing so due to the sanctions that had been imposed on him. The UK imposed sanctions on Prigozhin in 2020 for involvement in “significant foreign mercenary activity in Libya and multiple breaches of the UN arms embargo.” 

However in December 2021, Prigozhin succeeded in serving Higgins with the lawsuit. This raises questions around whether and why Her Majesty’s Treasury gave Prigozhin permission to proceed with the legal action despite the sanctions.

“We believe that the lawsuit that is being brought against Eliot Higgins is a strategic lawsuit against public participation,” the undersigned organisations said. SLAPPs are an abuse of the law aimed at silencing public interest speech. Index on Censorship has filed a media freedom alert to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists.

In March 2022 Discreet Law LLP, which had been representing Prigozhin, successfully applied to withdraw from representing him. They did not publicly give any reason for the withdrawal at the time. 

The preliminary hearing in the case is due to take place on 13 April 2022.

Signed:

Index on Censorship

ARTICLE 19

Committee to Protect Journalists

The Daphne Caruana Galizia Foundation

English PEN

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

International Academy Serbia

International Institute – International Media Center

International Press Institute

IFEX

Global Witness

The Global Forum for Media Development

Justice for Journalists Foundation

National Union of Journalists

Organized Crime and Corruption Reporting Project (OCCRP)

PEN International 

Reporters Without Borders 

The Society of Authors

Spotlight on Corruption

South East Europe Media Organisation – SEEMO

Statement of support for Ukraine

We, the undersigned organisations, stand in solidarity with the people of Ukraine, but particularly Ukrainian journalists who now find themselves at the frontlines of a large-scale European war.

We unequivocally condemn the violence and aggression that puts thousands of our colleagues all over Ukraine in grave danger.

We call on the international community to provide any possible assistance to those who are taking on the brave role of reporting from the war zone that is now Ukraine. 

We condemn the physical violence, the cyberattacks, disinformation and all other weapons employed by the aggressor against the free and democratic Ukrainian press. 

We also stand in solidarity with independent Russian media who continue to report the truth in unprecedented conditions.

Join the statement of support for Ukraine by signing it here

#Журналісти_Важливі

Signed: 

  1. Justice for Journalists Foundation 
  2. Index on Censorship
  3. International Foundation for Protection of Freedom of Speech “Adil Soz” 
  4. International Media Support (IMS)
  5. Yerevan Press Club 
  6. Turkmen.news 
  7. Free Press Unlimited
  8. Human Rights Center “Viasna”
  9. Albanian Helsinki Committee
  10. Media Rights Group, Azerbaijan 
  11. European Centre for Press and Media Freedom
  12. Association of European Journalists
  13. School of Peacemaking and Media Technology in Central Asia 
  14. Human Rights Center of Azerbaijan
  15. Reporters Without Borders, RSF
  16. Association of Independent Press of Moldova, API 
  17. Public Association “Dignity”, Kazakhstan
  18. PEN International 
  19. Human Rights House Foundation, Norway
  20. IFEX
  21. UNITED for Intercultural Action
  22. Human Rights House Yerevan
  23. Helsinki Citizens’ Assembly – Vanadzor, Armenia
  24. Rafto Foundation for Human Rights, Norway
  25. Society of Journalists, Warsaw
  26. The Swedish OSCE-network
  27. Hungarian Helsinki Committee 
  28. Legal policy research centre, Kazakhstan
  29. Public Foundation Notabene – Tajikistan 
  30. HR NGO “Citizens’ Watch – St. Petersburg, Russia
  31. English PEN
  32. Public organization “Dawn” – Tajikistan
  33. International Press Institute (IPI)
  34. The Union of Journalists of Kazakhstan 
  35. ARTICLE 19
  36. Human Rights House Tbilisi
  37. Rights Georgia
  38. Election Monitoring and Democracy Studies Center, Azerbaijan
  39. International Service for Human Rights (ISHR)
  40. Bulgarian Helsinki Committee
  41. Global Forum for Media Development (GFMD)
  42. European Federation of Journalists
  43. Social Media Development Center, Georgia
  44. Independent Journalists’ Association of Serbia
  45. OBC Transeuropa
  46. The Bureau of Investigative Journalism
  47. Journalists Union YENI NESIL, Azerbaijan
  48. Media and Law Studies Association (MLSA) , Istanbul
  49. Baku Press Club 
  50. Centre for Journalism Innovation and Development
  51. Union Sapari
  52. The Coalition For Women In Journalism (CFWIJ)
  53. Committee to Protect Freedom of Expression, Armenia 
  54. FEDERATIA SINDICATELOR DIN SOCIETATEA ROMANA DE RADIODIFUZIUNE, Bucharest, ROMANIA 
  55. CD FILMS (FRANCE)
  56. CFDT-Journalistes
  57. Belarusian Association of Journalists 
  58. SafeJournalists network
  59. Association of Journalists of Kosovo
  60. Association of Journalists of Macedonia
  61. BH Journalists Association
  62. Croatian Journalists’ Association
  63. Independent Journalists Association of Serbia
  64. Trade Union of Media of Montenegro
  65. Analytical Center for Central Asia (ACCA)
  66. Trade Union of Croatian Journalists 
  67. European Press Prize
  68. Ethical Journalism Network
  69. European Journalism Centre 
  70. Slovene Association of Journalists
  71. Investigative Studios
  72. PEN Belarus
  73. Public Media Alliance (PMA)
  74. Estonian Association of Journalists
  75. Federación de Sindicatos de Periodistas (FeSP) (Spain)
  76. DJV, German Journalist Federation  
  77. Free Russia Foundation   
  78. Association for Human Rights in Central Asia – AHRCA 
  79. “Human Rights Consulting Group” Public Foundation, Kazakhstan
  80. Committee to Protect Journalists
  81. Ski Club of International Journalists (SCIJ)
  82. Women In Journalism Institute, Canada – associate of CFWIJ
  83. Romanian Trade Union of Journalists MediaSind
  84. Romanian Federation Culture and Mass-Media FAIR, MediaSind
  85. New Generation of Human Rights Defenders Coalition, Kazakhstan
  86. Coalition for the Security and Protection of Human Rights Defenders, Activists, Kazakhstan
  87. Legal policy Research Centre, Kazakhstan 
  88. Eurasian Digital Foundation, Kazakhstan
  89. Legal Analysis and Research Public Union, Azerbaijan
  90. German Journalists Union
  91. Digital Rights Expert Group, Kazakhstan
  92. Bella Fox, LRT/Bellarus Media, Lithuania
  93. Syndicat national des journalistes CGT (SNJ-CGT), France
  94. Karin Wenk, Editor in Chief Menschen Machen Medien
  95. Press Emblem Campaign 
  96. Federacion de Servicios, Consumo y Movilidad (FeSMC) – UGT (Spain)   
  97. Sindicato dos Jornalistas, Portugal
  98. International media project Август2020/August2020 (august2020.info), Belarus
  99. Independent Association of Georgian Journalists (journalist.ge)
  100. Independent Trade Union of Journalists and Media Workers, Macedonia
  101. Adam Hug, Director, Foreign Policy Centre
  102. Zlatko Herljević, Croatian journalist, lecturer of journalism at University VERN, Zagreb, Croatia
  103. Independent Journalists’ and Media Workers’ Union (JMWU), Russia
  104. The Daphne Caruana Galizia Foundation
  105. Hungarian Press Union (HPU), Hungary
  106. Lithuanian Journalists Union
  107. National Union of Journalists UK & Ireland 
  108. Federazione Nazionale Stampa Italiana (Italy)
  109. Dutch Association of Journalists (NVJ) 
  110. Uzbek Forum for Human Rights
  111. Association of Journalists, Turkey
  112. Slovak Syndicate of Journalist, Slovakia
  113. GAMAG Europe (European Chapter of the Global Alliance for Media and Gender)
  114. Slovenian Union of Journalists (SNS)
  115. Federación de Asociaciones de Periodistas de España (FAPE)
  116. Syndicate of Journalists of Czech Republic
  117. 360 Degrees, Media outlet, North Macedonia
  118. Frontline, Skopje, North Macedonia
  119. Community Media Solutions (UK)
  120. The Norwegian Union of Journalists, Norway
  121. Rentgen Media (Kyrgyz Republic)
  122. Union of Journalists in Finland (UJF)
  123. Syndicat National des Journalistes (SNJ), France
  124. The Swedish Union of Journalists, Sweden
  125. Asociación Nacional de Informadores de la Salud. ANIS. España
  126. Association Générale des Journalistes professionnels de Belgique (AGJPB/AVBB)
  127. Macedonian Institute for Media (MIM), North Macedonia  
  128. Lithuanian Journalism Centre, Lithuania
  129. Club Internacional de Prensa (CIP), España
  130. Periodical and Electronic Press Union
  131. Fojo Media Institute, Sweden
  132. Mediacentar Sarajevo 
  133. Media Diversity Institute
  134. Impressum – les journalistes suisses
  135. Agrupación de Periodistas FSC-CCOO
  136. South East European Network for Profession­alization of Media (SEENPM)
  137. TGS, Turkey
  138. Investigative Journalism Center, Croatia
  139. Verband Albanischer Berufsjournalisten der Diaspora, Schweiz
  140. IlijašNet
  141. Journalists Union of Macedonia and Thrace (Greece)
  142. The Union of Journalists of Armenia (UJA) 
  143. Associació de Periodistes Europeus de Catalunya (APEC)
  144. International Association of Public Media Researchers (IAPMR)
  145. FREELENS e.V. – German Association of Photojournalists & Photographers
  146. LawTransform (CMI-UiB Centre on Law & Social Transformation, Bergen, Norway)
  147. Bangladesh NGOs Network for Radio & Communication
  148. Platform for Independent Journalism (P24), Turkey
  149. Novi Sad School of Journalism (Serbia) 
  150. Col·legi de Periodistes de Catalunya (Catalunya)