More than 4,000 miles from home in Poland’s capital, President Trump couldn’t help but needle his favorite target of the week, CNN, using his catch-all derogatory moniker, “fake news.” Read the full article
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The Sejm of the Republic of Poland, the lower house of the Polish parliament.
Poland’s ruling Law and Justice Party (PiS) has had a lot to celebrate in recent months. Just three days after the country’s 98th Independence Day, PiS celebrated one year in office on 14 November. The party, which has a majority in the Sejm, has had a largely free hand in making the “good changes” it had promised in its infamous electoral slogan.
These changes have included making the Polish constitutional court “submissive”, dismissing hundreds of journalists from the newly patriotic national – but no longer public – media, introducing limitations to the right to assembly and extending the state’s power of surveillance.
Last January, the surveillance act added powers to the country’s foreign secret services and the police by allowing them to tap into a wide range of telecommunications details completely unchecked. Ironically, the reform was first prompted by the constitutional tribunal, which, in 2014, had ruled the then-surveillance laws to be unconstitutional. With particular relevance to journalists and media workers, it recommended that those with a right to professional confidentiality could only be under surveillance after court approval.
Far from incorporating these and other recommendations of Poland’s highest court into the surveillance reform, PiS allowed for all broadband lines to be tapped into directly without judicial oversight or the possibility for internet service providers to request more details as to the reasons for such activities.
Wojciech Klicki from the Polish anti-surveillance foundation Fundacja Panoptykon which is run by lawyer activists, told Mapping Media Freedom that the “most important issue has always been the lack of an institution that would check whether intelligence services are acting in accordance with the law” and that was only made worse through the surveillance act.
The anti-terrorism act which came into effect in late June enables unchecked surveillance of foreign nationals once the ABW — Poland’s internal security agency — establishes their possible ties to terrorism. It also allows for websites to be blocked for five days without prior judicial consent and up to 30 days thereafter, should they be deemed to disseminate terrorist content.
Klicki said: “This has enormous implications for media freedom. Fundamentally, the laws do not offer a precise delineation as to what constitutes a ‘connection to an event of terrorist character’. Such a connection may be an article reporting on an event. And the definition is very broad, not only including obvious events like a bomb attack but other common crimes, which were committed with the aim to direct public authorities towards a certain decision, for example through bribery.”
Klicki noted that a five-day ban of a website can mean its demise in times of fast data, as such an incident is likely to result in a withdrawal of advertisers.
As part of its campaign against the law, Fundacja Panoptykon set up a petition and took part in a public consultation specifically for NGOs and activists with the governmental human rights representative Adam Bodnar. Indeed, Polish authorities are hard-pressed to justify the severity of the law due to the country’s very low terrorist threat – in April, the British Foreign Office, stressed the danger of driving a car in Poland while emphasising the terrorist threat there was negligible compared to the European average. Aside from a “tiny tweak of the definition for the ‘event of terrorist character’” as Klicki noted, the law was enacted within two months of its announcement in late April, and ratified by the president, Andrzej Duda, on 22 June.
Of course, journalists can’t be immune from surveillance by their own country or foreign secret services and Polish journalists have had their fair share of encounters with their domestic Anti-Corruption Bureau (CBA). The Gazeta Wyborcza journalist Bogdan Wróblewski won a case against the Bureau in 2013 which consequently had to apologise to him for tapping his telecommunication billings. The CBA’s reason for its ambitious investigation, it emerged during the trial, was to uncover Wróblewski’s and several other regime-critical journalists’ sources. The events took place under the former PiS government term.
Klicki assesses that the recent anti-terrorism laws only exacerbate the problem, especially for foreign journalists. Due to the changes, “journalists can have huge trouble to manage to adhere to their professional confidentiality in Poland”. Asked how Polish journalists make sure they are able to protect their sources, Klicki says they were “now becoming aware of how necessary it is to increase their know-how in the realm of secure communication”, by attending workshops on anonymity, which are offered by his foundation. There is also more information on secure communication online specifically for fixers.
The human rights representative Bodnar submitted the anti-terrorism law to the constitutional tribunal. However, the tribunal has effectively lost its status as an institution of checks and balances though the numerous legislative changes over the past year. Former judge of the tribunal, Andrzej Zoll, commented: “This is the end of a democratic rule of law.”
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/
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There’s no doubt that Poland’s media landscape is undergoing a rapid transformation. The country’s ranking in the Reporters Without Borders’ World Press Freedom Index plunged from 18 in 2015 to 47 in 2016. The government rushed through a law in the waning hours of 2015 that gave it oversight of the nation’s public broadcaster. Scores of veteran journalists have lost their jobs.
Further changes may be on the way as new media legislation, the so-called “big media law”, is being debated and proposals have been floated to restrict how journalists report from inside the Sejm.
Poland has been all about the “good change” since November 2015. The phrase goes back to a campaign video produced in May 2015 for the Law and Justice (PiS) party’s Andrzej Duda. The party went on to win the October 2015 elections and Duda became the sixth president of Poland.
Since the election, “good change” has been co-opted on Twitter as #dobrazmiana by critics opposed to the government’s legislation, which, in the case of the public broadcasters, is being implemented by Krzysztof Czabański, a former journalist and minister for culture and national heritage.
As part of the changes, a total of 141 journalists have been dismissed, forced to resign or transferred to lesser positions between the election and May 2016, according to journalist union Towarzystwo Dziennikarskie (TD). The “small media law” passed in late December 2015 meant the replacement of the managing board of public broadcasters TVP and Polskie Radio, which started a top-down dismissal process that is still ongoing.
Among the first wave of dismissals was Tomasz Lis, a TVP presenter who hosted a talk show and was a winner of the annual Hyena of the Year, an anti-prize for unreliability and disregard for the principles of journalistic ethics. The prize is awarded by the journalist union Stowarzyszenie Dziennikarzy Polskich (SDP), which is generally rather supportive of PiS. Teresa Bochwic, a member of the SDP management board, expressed a characteristic view in her assessment of the “good change”: “For better or for worse, the lying propaganda has stopped for good. On TV, there is regular information and pluralistic current affairs. Pro-governmental? Perhaps even sometimes pro-governmental, but at least not deceitful.”
Even among the sympathetic SDP, however, PiS’ moves towards increased restriction on the movement of journalists and the dismissal of Henryk Grzonka from Radio Katowice, where he had worked for almost 30 years and had recently served as editor-in-chief, has raised concerns.
TD, the youngest of Poland’s journalist unions, was founded in 2012 out of the realisation that “in journalism, we can no longer be together”, according to co-founder Seweryn Blumsztajn.
In an interview with Index on Censorship, TD co-founder Wojciech Maziarski said that the recent dismissals have the character of “political cleansing”, which started progressively from the top, and then moved gradually to the lower ranks of what he considers to be state media.
“The ones to bite the bullet first were journalists and editors of news and current affairs programmes, as they…have the biggest influence on public opinion,” he said.
“The state media is intended to shape citizens of the new, right-wing Poland, which means that gradually, all will be replaced who are associated with liberal thought, feminism, left-wing ideas, even if they don’t engage directly in topical political debates,” Maziarski added.
Apart from Lis and several other well-known personalities, dismissals included Dariusz Łukawski, vice-chair of the journalist section of TVP2, and lead correspondent Piotr Krasko at TVP1’s main news outlet Wiadomosci.
Later, the axings reached media workers from various programmes and ranks, which could also explain more recent dismissals or transfers in regional branches of the public TV and radio broadcasters. Throughout March and April, more cases emerged: Marta Bobowska from TVP Opole had to put down her work and leave mid-day on 12 April; and Wojciech Biedak, editor at Poznan’s Polskie Radio affiliated Radio Merkury.
According to Maziarski, the number of dismissals shows that state authorities view the media as “a frontline in a political war – and this line has to be stacked with trusted and tried soldiers”, which necessitates the exclusion of “not only critical journalists but everyone who thinks independently”.
This may have been the issue for TVP Info editors Izabela Leśkiewicz and Magdalena Siemiątkowska, who were dismissed from their posts in mid-March immediately after a dispute with station management. Leśkiewicz and Siemiątkowska disagreed with the portrayal of the anti-PiS NGO the Committee of Democratic Defence (KOD) in a segment to be aired. KOD was founded following PiS’s electoral success in late 2015 and has since been actively rallying public opinion to protest government policy around the country.
Monitoring body KRRiT has repeatedly accused TVP of bias in its reports on the civil society organisation. The day before another KOD demonstration, the managing board of TVP Info decided it would not air a live broadcast of the beginning of the march, and specific narratives on “how KOD is hating on normal citizens” would be shown instead. Leśkiewicz and Siemiątkowska were dissatisfied with this and offered an alternative, more nuanced programme set-up. TVP Info management then fired the pair. Two other TVP journalists, Agata Całkowska and Łukasz Kowalski, resigned in protest.
Currently, new media legislation is being considered in parliament. This draft law would amount to a structural and financial overhaul of the public broadcaster. Under the draft, heads of the new “national media” outlets would be “appointed by a six-person National Media Council elected by the lower house of parliament, the Senate and the president for a six-year term” with one of the council slots legally guaranteed for the largest opposition caucus, according to Radio Poland. The proposed law would also replace the current license fee with a monthly “audiovisual” charge added to Poles’ electric bills beginning in January 2017.
Unlike Poland‘s three other journalists’ unions, Towarzystwo Dziennikarskie is boycotting the draft media law consultation being conducted by the minister for cultural affairs. Maziarski explains the union’s standpoint: “A big problem for public media in Poland is their financing. The introduction of a general audio-visual fee has been one of the main demands of the journalist environment. However, the fee introduced through the proposed law is intended to serve the maintenance of an indoctrination machinery and the PiS propaganda rather than public media. In effect, public media in Poland have ceased to exist.”
Mapping Media Freedom
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Jan Gross (Princeton)
A Polish prosecutor has interrogated Jan Gross, a Polish-American professor of history at Princeton University, to determine whether claims he made that Poles “had killed more Jews than the Germans” during World War II constitute a crime.
Insulting the nation is punishable by up to three years in jail in Poland.
“The ability to question established narratives is vital to academic freedom and a free and progressive society,” Jodie Ginsberg, CEO of Index on Censorship, said.
Gross, who has researched Polish complicity in the Holocaust, said he was questioned as a witness for five hours on Tuesday 12 April in the district attorney’s office in Katowice but has not been charged with a crime.
Complaints were filed by Polish citizens over Gross’ claims, which were made in an article published in Project Syndicate last September. In it, the historian also argued that Poland’s opposition to accepting asylum seekers could be linked to its “murderous past”.
“I said straight out that I was not going to offend the Polish nation,” Gross told the Associated Press regarding his recent questioning. “I tried to make people aware of the problem of refugees in Europe. I’m just telling the truth, and the truth sometimes has the effect of shock on people who previously were not aware of the case.”
In February Index reported that Polish President Andrzej Duda considered stripping Gross of an Order of Merit over his academic work on Polish anti-Semitism. Gross outlined in his 2001 book Neighbors that the massacre of some 1,600 Jews from the Polish village of Jedwabne in July 1941 was committed by Poles, not Nazis.