Fifteen organisations condemn lawsuit against Forensic News, deeming it a SLAPP

The undersigned organisations express their serious concern at the legal proceedings, also known as SLAPPs, that have been brought against investigative journalist Scott Stedman, his US media company Forensic News, and three of his colleagues.

Between June 2019 and June 2020, Forensic News published six articles and a podcast about the business affairs of British-Israeli security consultant and businessman Walter Soriano, after he was summoned by the United States’ Senate Intelligence Committee. The Committee was reportedly interested in Soriano’s connections to several people of interest, including the Russian oligarch Oleg Deripaska, who had been a former business associate of Donald Trump’s campaign chairman Paul Manafort.

The Forensic News team was sued by Soriano in July 2020, one month after they published their last article about him. Although the defendants are all based in the United States and Forensic News is incorporated in the state of California, the lawsuit has been brought in London. 

A total of five claims were made in relation to data protection, libel, misuse of private information, harassment, and malicious falsehoods. Two of the claims, harassment and malicious falsehoods, have since been dismissed.

“We believe that the lawsuit that has been brought against Forensic News is a SLAPP,” the undersigned organisations said. SLAPPs abuse the law in order to silence critical coverage on matters of public interest. Index on Censorship has filed a media freedom alert to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists.

“The case has many of the hallmarks of a SLAPP, including that Soriano is not only suing the news organisation, but also the four individual reporters. He also has lawsuits pending against investigative journalists in France and Israel, as well as against Twitter in Ireland,” the organisations said.

Due to the extremely expensive nature of mounting a legal defence in England and Wales, Forensic News is having to raise funds through an online crowdfunding campaign. The case is expected to go to trial before the end of 2022.

SIGNED:

Index on Censorship

Blueprint for Free Speech

The Campaign for Freedom of Information in Scotland (CFoIS)

Coalition For Women In Journalism (CFWIJ)

The Daphne Caruana Galizia Foundation

English PEN

European Centre for Press and Media Freedom (ECPMF)

IFEX

International Press Institute (IPI)

Justice for Journalists Foundation

Organized Crime and Corruption Reporting Project

Osservatorio Balcani Caucaso Transeuropa (OBCT)

PEN International

Reporters Without Borders (RSF)

Spotlight on Corruption

Greece: Concern over criminal charges against investigative reporters

The undersigned international media freedom and freedom of expression organisations today register their concern over the serious criminal charges levelled against two investigative journalists in Greece linked to their reporting on a major corruption scandal. Our organisations are following these two legal cases with utmost scrutiny given the obvious concerns they raise with regard to press freedom. Authorities must issue guarantees that the process is demonstrably independent and free of any political interference.

On 19 January, Kostas Vaxevanis, a veteran investigative journalist and publisher of the newspaper Documento, testified at the Special High Court on four criminal charges of conspiracy to abuse power through his newspaper’s reporting on the Novartis pharmaceutical scandal. Under the penal code, Vaxevanis faces five years of imprisonment if found guilty, with a maximum sentence of 20 years. His newspaper has condemned the criminal charges as a politically motivated attack aimed at silencing a media critic which unveiled the scandal.

Ioanna Papadakou, a former investigative journalist and television host, is set to appear before a court on 25 January on separate but similar charges of being part of a criminal organisation which conspired to fabricate news stories about the Novartis case and the so-called “Lagarde list”, including the alleged extortion of a businessman through critical coverage. Papadakou has rejected the case as “blatant violation of the rule of law”. A Greek MEP from the ruling party and the Board of Directors of the Panhellenic Federation of Journalists’ Union (POESY – PFJU) have both expressed concern about the prosecution of the journalists. Neither journalist has yet been formally indicted.

The summons of Vaxevanis and Papadakou to testify are part of a wider parliamentary investigation into allegations of political conspiracy and abuse of power involving Greek judge and politician Dimitris Papagelopoulos, a former deputy minister in the previous Syriza government. Papagelopoulos is accused of falsely incriminating political opponents through the Novartis pharmaceutical scandal. The probe, launched by the current New Democracy government, has in turn faced accusations of politicisation.

Our organisations are closely following this case. The criminal charges against Kostas Vaxevanis and Ioanna Papadakou are extremely serious and carry heavy prison sentences. The nature of the charges, their connection to investigative reporting on corruption, and the potential imprisonment of two journalists in an EU Member State, raise legitimate concerns regarding press freedom and demand utmost scrutiny. Until commenting further, we await more detailed information from the Special Investigator about the specificities of the charges against both journalists.

What is absolutely clear is that judicial authorities examining this matter must act with full regard for press freedom standards and the function of investigative journalism in democratic societies. Moreover, given the politicisation of the wider affair, it is essential that guarantees are in place to ensure that judicial authorities act with complete independence in this case. We will continue to closely monitor both cases and have submitted alerts to Mapping Media Freedom (MMF) and the Council of Europe’s platform for the safety and protection of journalists.

In the coming weeks, the Media Freedom Rapid Response (MFRR) is due to publish the findings of our recent online press freedom mission to Greece. Our organisations are already increasingly concerned about the challenging climate facing independent journalism in the country, including vexatious lawsuits against journalists. Greece is firmly in the spotlight in terms of threats to media freedom. We sincerely hope these cases will not become a matter of major international concern.

Signed:

European Federation of Journalists (EFJ) 

Free Press Unlimited (FPU)

International Press Institute (IPI)

Index on Censorship

OBC Transeuropa (OBCT)

Reporters Without Borders (RSF)

The Daphne Caruana Galizia Foundation

Index reiterates its support for Carole Cadwalladr as she faces SLAPP trial

The undersigned organisations reiterate their support for award-winning journalist and author, Carole Cadwalladr, who is facing a week-long defamation trial in London this week. Cadwalladr, who works for the Guardian Media Group in the UK, is being sued as an individual by millionaire businessman and political donor Arron Banks, best known for his role as co-founder of the 2016 Brexit campaign Leave.EU.

Banks originally filed four claims against Cadwalladr in July 2019, two of which he dropped in January 2020 after the judge found them to be “far-fetched and divorced from the specific context in which those words were used”. The remaining claims relate to Cadwalladr’s 2019 TED Talk, “Facebook’s Role in Brexit – and the Threat to Democracy” and a Twitter post linking to the TED Talk.

“When this lawsuit was filed more than two years ago, several organisations came together to call this legal action out as a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing Cadwalladr. We today reaffirm this characterisation and unreservedly reiterate our support for Cadwalladr as she continues to defend her public interest work,” the organisations said.

SLAPPs abuse the law in order to intimidate and silence public watchdogs from speaking out on matters of public interest. Banks is pursuing legal action against Cadwalladr as an individual, rather than pursuing her media outlet in which the contested claims were originally made. Due to the expensive nature of the process in England, Cadwalladr has had to raise funds for her legal defence through crowdfunding. She has so far raised more than half a million pounds.

“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect journalists and others working in the public interest from being subject to abusive legal actions intended to stifle public debate,” the organisations concluded. “Our democracy relies on the ability to hold power to account.”

Representatives from several of the undersigned organisations will be in attendance at the High Court this week to monitor proceedings. 

Signed:

Index on Censorship

ARTICLE 19 

Association of European Journalists

Campaign for Freedom of Information in Scotland (CFoIS)

Committee to Protect Journalists

English PEN

European Centre for Press and Media Freedom (ECPMF)

IFEX

International Press Institute (IPI)

Justice for Journalists Foundation

Mighty Earth

Organised Crime and Corruption Reporting Project (OCCRP)

PEN International

Reporters Without Borders (RSF)

Society of Journalists 

Spotlight on Corruption

The Daphne Caruana Galizia Foundation

Whistleblowing International Network

Contents – Playing with fire: how theatre is resisting the oppressor

The Winter issue of Index magazine highlights the battles fought by theatre of resistance across the world and how they’ve been enduring different forms of censorship.

Writer Jonathan Maitland dives deeply into the history of theatre censorship in the United Kingdom and explains why British playwrights need to lose their fear and be bolder. Kaya Genç and Meltem Arikan provide a good overview of the situation in Turkey in the most recent years, where theatres have been closed down in Istanbul.

Natasha Tripney analyses the impacts of an exaggerated nationalism and how it restrains plays from moving forward.

The theatre of resistance, by Martin Bright: Index has a long history of promoting the work of dissident playwrights.

The Index: Free expression around the world today: the inspiring voices, the people who have been imprisoned and the trends, legislation and technology which are causing concern.

Women journalists caught in middle of a nightmare, by Zahra Nader: Many Afghan journalists –women in particular – have fled the Taliban or are in hiding from the brutal regime.

Hope in the darkness, by Jemimah Steinfeld: Nathan Law, one of the leaders of Hong Kong’s protest movement, is convinced that the repression will not last forever. We publish an extract from his new book.

Speaking up for the Uyghurs, by Flo Marks: Exeter university students have been successfully challenging the institution’s China policy, but much more needs to be done.

Omission is the same as permission, by Andy Lee Roth and Liam O’Connell: Malaysia’s introduction of emergency powers to deal with “fake news” was broadly ignored by the Western media – and that only emboldened the government.

I can run, but can I hide?, by Clare Rewcastle Brown: Journalist Clare Rewcastle Brown is a wanted woman in Malaysia – and the long reach of Interpol means there are now few places where she can consider herself safe.

Dream of saving sacred land dies in the dust, by Scarlett Evans: Australia’s mining industry is at odds with the traditional beliefs of the Aboriginal population and it is taking its toll on the country’s indigenous heritage.

Bylines, deadlines and the firing line, by Rachael Jolley: It’s not just pens and notebooks that journalists need in the USA, it’s sometimes gas masks and protective vests, too.

Cartoon, by Ben Jennings: “I’ve done my own research.”

Maltese double cross, by Manuel Delia: Four years on from Daphne Caruana Galizia’s murder, lessons have not been learned and justice for the investigative journalist’s family remains elusive.

“Apple poisoned me physically, mentally and spiritually”, by Martin Bright: A former Apple employee, who was fired by the tech giant after blowing the whistle on toxic waste under her office, says her fight will go on.[

]Keeping the flame alive as theatre goes dark, by Natasha Tripney: Theatre across the world is fighting new waves of repression, intolerance and nationalism, as well as financial cuts, at a time when a raging pandemic has threatened its existence.

Testament to the power of theatre as rebellion, by Kate Maltby: The Belarus Free Theatre, whose 16 members have now gone into exile to escape the Lukashenka regime, are preparing to perform at the Barbican in London.

My dramatic tribute to Samuel Beckett and catastrophe, by Reza Shirmarz: More than three decades after Index published the celebrated playwright’s work dedicated to the Czech dissident Vaclav Havel, the censored Iranian writer Reza Shirmarz has responded with his own play, Muzzled.

Why the Taliban wanted my mother dead, by Hamed Amiri: The author of The Boy with Two Hearts on why and how the family fled Afghanistan.

The first steps- Across Europe with Little Amal, by Joe Murphy and Joe Robertson: Good Chance Theatre on their symbolic take on the long journey of refugees from Syria to the UK.

Fighting Turkey’s culture war, by Kaya Genç: Theatres have been shuttered in Istanbul but the fightback by directors and playwrights continues.

I wrote a play then lost my home, my husband and my trust, by Meltem Arikan: The exiled Turkish playwright’s Mi Minör was blamed for the Gezi Park protests.

Where silence is the greatest fear, by Issa Sikiti da Silva: How Kenyan theatre has suffered under a succession of corrupt rulers, hot on the heels of colonial repression.

Censorship is still in the script, by Jonathan Maitland: British theatre has lost its backbone and needs to be more courageous.

God waits in the wings…ominously, by Guilherme Osinski and Mark Seacombe: A presidential decree that art must be ‘sacred’ has cast a free-speech shadow over Brazilian theatre.

Elephant that should be in Nobel Room, by John Sweeney: The winners of this year’s Peace Prize deserve their accolade, but there is another who should have taken the award.

We academics must fight the mob – now, by Arif Ahmed: The appalling hounding of Kathleen Stock at Sussex University is a serious threat to freedom of speech on campus.

So who is judging Youtube?, by Keith Kahn-Harris: Accused by the video behemoth of spreading misinformation, the author conducted an experiment in an effort to understand how the social media platform policies its content.

Why is the world applauding the man who assaulted me?, by Caitlin May McNamara: It is time for governments and businesses to decide where their priorities lie when it comes to the Middle East.

Silence is not golden, by Ruth Smeeth: As we enter a new year, Index will continue to act as a voice for those unable to use their own.

The road of no return, by Flo Marks and Aziz Isa Elkun: The Uyghur activist and poet, exiled in the UK, yearns for his family and friends imprisoned in Chinese concentration camps.

Bearing witness through poetry, by Emma Sandvik Ling: Poets are often on the frontlines of protest.

The people’s melody, by Mark Frary: For the first time, English readers can now experience the joys of Ethiopian poetry written in Amharic thanks to the work of Alemu Tebeje and Chris Beckett.

No corruption please, we’re British, by Oliver Bullough: The UK has developed a parallel vocabulary to avoid labelling anyone with the c-word … until now.