The report analyses alerts submitted to the platform in 2019 and shows a growing pattern of intimidation to silence journalists in Europe. The past weeks have accelerated this trend, with the pandemic producing a new wave of serious threats and attacks on press freedom in several Council of Europe member states. In response to the health crisis, governments have detained journalists for critical reporting, vastly expanded surveillance and passed new laws to punish “fake news” even as they decide themselves what is allowable and what is false without the oversight of appropriate independent bodies.
These threats risk a tipping point in the fight to preserve a free media in Europe. They underscore the report’s urgent wake-up call on Council of Europe member states to act quickly and resolutely to end the assault against press freedom, so that journalists and other media actors can report without fear.
Although the overall response rate by member states to the platform rose slightly to 60 % in 2019, Russia, Turkey, and Azerbaijan – three of the biggest media freedom violators – continue to ignore alerts, together with Bosnia and Herzegovina.
2019 was already an intense and often dangerous battleground for press freedom and freedom of expression in Europe. The platform recorded 142 serious threats to media freedom, including 33 physical attacks against journalists, 17 new cases of detention and imprisonment and 43 cases of harassment and intimidation.
The physical attacks tragically included two killings of journalists: Lyra McKee in Northern Ireland and Vadym Komarov in Ukraine. Meanwhile, the platform officially declared the murders of Daphne Caruana Galizia (2017) in Malta and Martin O’Hagan (2001) in Northern Ireland as impunity cases, highlighting authorities’ failure to bring those responsible to justice. Only Slovakia showed concrete progress in the fight against impunity, indicting the alleged mastermind and four others accused of murdering journalist Ján Kuciak and his fiancée, Martina Kušnírová.
At the end of 2019, the platform recorded 105 cases of journalists behind bars in the Council of Europe region, including 91 in Turkey alone. The situation has not improved in 2020. Despite the acute health threat, Turkey excluded journalists from a mass release of inmates in April 2020, and second-biggest jailer Azerbaijan has made new arrests over critical coverage of the country’s coronavirus response.
2019 saw a clear increase in judicial or administrative harassment against journalists, including meritless SLAPP cases, and spurious and politically motivated legal threats. Prominent examples were the false drug charges filed against Russian investigative journalist Ivan Golunov and the continued imprisonment of journalists in Ukraine’s Russia-controlled Crimea. The Covid-19 crisis has strengthened officials’ tools to harass journalists, with dangerous new “fake news” laws in countries such as Hungary and Russia that threaten journalists with jail for contravening the official line.
Other serious issues identified by 2019 alerts included expanded surveillance measures threatening journalists’ ability to protect their sources, including in France, Poland and Switzerland, as well political attempts to “capture” media through ownership and market manipulation, most conspicuously of all in Hungary. These threats, too, are exacerbated by the actions taken by several governments under the health crisis, which further include arbitrary limitations on independent reporting and on journalists’ access to official information about the pandemic.
Jessica Ní Mhainín, Index’s policy research and advocacy officer, says, “There is a growing pattern of intimidation aimed at silencing journalists in Europe. The situation in Eastern Europe – especially in Hungary, Poland, and Bulgaria – is particularly concerning. But the killing of Lyra McKee shows that we cannot take the safety of journalists for granted anywhere – not even in countries that are seen to be safe for journalists. This report provides an opportunity for us all to come to grips with the serious situation that is facing European media and to remind ourselves of the vital role that the media play in holding power to account.”
Index and the other platform partners call for urgent scrutiny of action taken by governments to claim extraordinary powers related to freedom of expression and media freedom under emergency legislation that are not strictly necessary and proportionate in response to the pandemic. Uncontrolled and unlimited state of emergency laws are open to abuse and have already had a severe chilling effect on the ability of the media to report and scrutinise the actions of state authorities.
While the platform welcomes an increased focus on press freedom by European institutions, including both the Council of Europe and European Union institutions, the ongoing crisis demands more urgent and stringent responses to protect media freedom and freedom of expression and information, and to support the financial sustainability of independent professional journalism. In the age of emergency rule, protecting the press as the watchdog of democracy cannot wait.[/vc_column_text][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]The UK should make it harder for powerful individuals and companies to bring libel actions or use other vexatious legal threats designed to stifle investigative journalism, Index on Censorship said on Friday.
Launching a new project that aims to expose the extent to which those with wealth and influence use legal threats to shut down investigations into their practices, Index said that – despite recent changes to UK law – more needs to be done both in Britain and abroad to tackle spurious lawsuits.
“Defamation law was reformed in 2013 to make it harder for people who had little or no connection to the UK to bring lawsuits here,” said Index on Censorship chief executive Jodie Ginsberg. “However, we are still seeing people and organisations with almost no UK links bringing expensive and spurious defamation cases. In addition, increasingly people are turning to privacy and data protection laws in an attempt to prevent journalists reporting on corrupt, illegal or poor practice.”
Ginsberg said UK law firms were also among the most heavily involved in legal threats to journalists outside the UK. “This needs to stop,” she said.
Later this month, the UK courts will hear the case of Paul Radu, investigative journalist and founder of the Organized Crime and Corruption Reporting Project (OCCRP). Radu, a Romanian citizen, is being sued by Azerbaijani MP Javanshir Feyziyev, who was named in an award-winning OCCRP report exposing money-laundering. Feyziyev is a sitting MP in Azerbaijan, though says he lives in London, and most of the readers of the stories about Azerbaijan are not from the UK.
Index on Censorship, which campaigns on freedom of expression issues globally and publishes Index on Censorship magazine, has become increasingly worried about the growing use of vexatious lawsuits since it first launched a project monitoring threats to media freedom in Europe in 2013.
“News outlets find themselves receiving a letter threatening expensive proceedings unless online articles are rewritten or removed altogether, and demanding an agreement not to publish anything similar in the future. The letters often tell the recipient that they cannot even report the fact that they have received the letter,” said Ginsberg.
Such suits are a particular problem for independent media outlets and other small organisations. They are financially draining and can take years to process. Faced with the threat of a lengthy litigation battle and expensive legal fees, many who receive such threats are simply forced into silence.
Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder, with some of the lawsuits brought by UK firms.
Index will launch its research project into the use of vexatious legal threats against journalists later this month and aims to interview journalists and media organisations across Europe about the extent of these threats before a final report containing recommendations for action later in the year.
For more information please contact: Jodie Ginsberg
Index on Censorship is a London-based non-profit organisation that publishes work by censored writers and artists and campaigns against censorship worldwide. Since its founding in 1972, Index on Censorship has published some of the greatest names in literature in its award-winning quarterly magazine, including Samuel Beckett, Nadine Gordimer, Mario Vargas Llosa, Arthur Miller and Kurt Vonnegut. It also has published some of the world’s best campaigning writers from Vaclav Havel to Elif Shafak.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”3″ grid_id=”vc_gid:1578045297237-8e308956-998b-5″ taxonomies=”5692″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]For those of you who are just catching up with the situation in Malta and the political upheaval, here’s a summary of some of the events Index and other organisations have been involved in over the past two years following the violent murder of Daphne Caruana Galizia. The killing of Daphne, a Maltese journalist investigating corruption at the highest levels of government, shocked the world. Since her death in 2017, Index, working with many other parties and journalists around the world, has piled pressure on the government of Malta, the EU and other international organisations to get justice and accountability for her murder.
An attack on any journalist is an attack on freedom and democracy. Below is a background to our interventions over the last two years, often working with Caruana Galizia’s family and other organisations, such as journalists in Malta.
Index strongly condemns the violent killing of investigative journalist Daphne Caruana Galizia https://t.co/BXmCF8Srcm
As Galizia’s murder was reported, Index immediately called for a swift investigation: “We urge the Maltese authorities to swiftly and thoroughly investigate the circumstances to bring the perpetrators to justice.”
Galizia conducted investigations, among many others, linking Malta’s prime minister, Joseph Muscat and his wife Michelle, to secret offshore bank accounts revealed by the Panama Papers.
Index published an in-depth profile of Galizia, detailing her history of investigative journalism, the exceptional reach of her work in Malta and the litigious harassment she faced from those she investigated. One government minister’s lawyers questioned her “professional capacity as a journalist,” while Politico named her as one of “28 people who are shaping, shaking, and stirring Europe” thanks to her work on the Panama Papers.
Index on Censorship’s Hannah Machlin reads from an article by Daphne Caruana Galizia on the lack of respect for women in Malta. #NoImpunitypic.twitter.com/XWbg44RQxk
“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,” said Hannah Machlin, from Index’s Mapping Media Freedom project.
2 November 2017
Index invited our supporters to join us at a vigil outside the Maltese High Commission in London.
4 December 2017
The first wave of arrests were made in connection with the crime in early December, but Doughty Street Chambers, which specialises in international human rights, raised issues around the independence of the investigation in urgent legal advice to the family of Galizia.
Joy Hyvarinen, head of advocacy at Index on Censorship, said: “The advice raises extremely serious questions about the Maltese police, and Index believes that external, independent investigators must be appointed urgently.”
16 January 2018
Three months on, Index took stock of events so far. Galizia’s family spoke at another vigil co-organised by Index, thanking us and other organisations for their continued support, and highlighting attempts to discredit her since her death.
19 January 2018
Index joined a letter calling on the Parliamentary Assembly of the Council of Europe to appoint a Special Rapporteur to monitor the investigation into the murder
23 March 2018
Amid reports that the Prime Minister of Malta was suing Matthew Caruana Galizia, Daphne’s son, over a Facebook post, Index joined an open letter to diplomats in Malta. The letter urged the diplomats make their presence felt by the government, saying: “Your engagement in this case is setting a standard and precedent for what is permissible in the European Union.”
The summer 2018 issue of Index on Censorship magazine published an article by Caroline Muscat, taking a closer look at the hidden underbelly of Valetta in Malta – that year’s European Capital of Culture.
Malta: Daphne Caruana Galizia’s son says the investigation into her murder could “shake up” the country’s establishment https://t.co/yxmMEG6Bf0
Approaching the first anniversary of Galizia’s death, Index spoke to her son, Paul Caruana Galizia:
“It’s a very personal thing what motivates a journalist to carry on writing in the face of all those threats and violence,” said Paul, “for my mother it was that you can’t just leave things alone, you can’t let injustice carry on, you can’t, in her words, just let people get away with it.”
Index published a profile of Caroline Muscat, a Maltese journalist whose work at online news project The Shift News has followed the spirit of Daphne Caruana Galizia.
“The Shift is journalism, but it is a movement too. Yes, I have an agenda. My agenda is press freedom, democracy, rule of law. We don’t have the luxury anymore to demand anything else. No, I don’t think The Shift will find the final piece of the puzzle that will solve Daphne’s murder. Such an expectation is unrealistic. All we can do is continue to investigate and contribute to adding pieces of the puzzle.” – Caroline Muscat.
4 December 2018
Index joined again with eight other organisations to condemn the lack of justice for Daphne. The statement emphasised the need for full justice for Caruana Galizia’s murder, stating “Every person involved in the planning and carrying out of this heinous attack must be identified and prosecuted to the full extent of the law.”
13 June 2019
Index appealed to EU leaders ahead of a South EU Summit held in Malta. Writing together with other organisations, the letter reminded the recipients: “By signing the Sibiu Declaration, you have pledged to safeguard Europe’s democratic values and the rule of law. We therefore urge you to address the matter of safety of journalists and ongoing impunity in the case of Daphne Caruana Galizia in your meeting with Prime Minister Muscat in Valletta on 14 June.”
Ahead of the second anniversary of Caruana Galizia’s murder, Index released a statement lamenting the lack of action on the case, and the continued harassment of her family.
Joy Hyvarinen, head of advocacy at Index on Censorship, said: “It is appalling that Daphne Caruana Galizia’s brutal murder remains unsolved after two years and that the government of Malta has only now established an inquiry, and that it has done so in a way that raises serious questions about the independence of that inquiry. Index urges other European countries to make it clear to Malta that the inquiry must be independent.”
“Today, on 16 October 2019, we are gathering in vigils to remember Daphne Caruana Galizia and renew calls for justice in Valletta, London, Brussels, Berlin, and Vienna. We will continue our campaigning and our joint advocacy at international organisations such as PACE until all those involved in every aspect of this heinous attack are brought to justice – including the masterminds.
We urge the Maltese authorities to ensure that this is the very last anniversary that passes without full justice for Daphne Caruana Galizia.”
Latest
In late November and December 2019 a number of high-profile arrests and resignations from government were made. On 1 December Prime Minister Joseph Muscat announced his intention to resign due to the crisis, once a new leader could be chosen for his party in January.
The situation continues to evolve and change follow journalists @theshiftnews and @pcaruanagalizia and @mcaruanagalizia for up-to-date news.[/vc_column_text][/vc_column][/vc_row]
Ahead of the International Day to End Impunity for Crimes against Journalists on 2 November, 12 partner organisations of the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists – including Index – are calling on governments to ensure that crimes against journalists are not carried out with impunity.
Earlier this week, the case of courageous Maltese investigative journalist Daphne Caruana Galizia was moved to the Council of Europe’s category of journalists killed with impunity. The three men charged with her murder have yet to be brought to trial, while those who masterminded her assassination remain at large.
She is one of 36 journalists whose cases remain open on the Council of Europe Platform. As many as nine of the cases, including those of Dada Vujasinović and eight Serbian and Albanian journalists, date back more than 20 years. The platform partners call for thorough investigations to be carried out with the aim of bringing those responsible for their deaths to justice.
“Journalists are killed in an effort to silence their voices, as well as to discourage others from carrying on their line of work. The chilling impact on media freedom is exacerbated when their killers remain at large. We urgently call on governments to tackle impunity by carrying out effective and independent investigations into the deaths of those journalists murdered with impunity. Freedom of the press is unattainable without full justice,” said Jessica Ní Mhainín, Index on Censorship’s policy research and advocacy officer.
At the same time, the undersigned partner organisations welcome the recent indictment of four suspects, including the alleged mastermind, of the murders of Slovak journalist Ján Kuciak and his fiancée Martina Kušnírová. However, they emphasise that all those involved in the crime must be convicted in order to fully prevent impunity. Slovak authorities must investigate and take action against associated wrongdoing, including the mass surveillance of journalists prior to Kuciak’s murder, and take concrete steps to protect journalists’ safety in the future.
In the 2019 Annual Report of the Council of Europe Platform, the partner organisations expressed concern that “a climate of impunity has started to take hold in parts of Europe”. They said that “the swift completion of transparent and effective investigations and prosecutions leading to the punishment of all those found responsible […] is essential if public trust in states’ commitment to protecting the safety of journalists and the rule of law is to be restored.”
The partner organisations call on Council of Europe member states to fully implement the Committee of Ministers Recommendation on the protection of journalism and the safety of journalists and other media actors, which includes guidelines related to addressing impunity.
Index on Censorship
Free Press Unlimited
Pen International
ECPMF
INSI
EFJ
IFJ
Association of European Journalists
Reporters sans Frontières
Article 19
IPI
Committee to Protect Journalists
The report analyses alerts submitted to the platform in 2019 and shows a growing pattern of intimidation to silence journalists in Europe. The past weeks have accelerated this trend, with the pandemic producing a new wave of serious threats and attacks on press freedom in several Council of Europe member states. In response to the health crisis, governments have detained journalists for critical reporting, vastly expanded surveillance and passed new laws to punish “fake news” even as they decide themselves what is allowable and what is false without the oversight of appropriate independent bodies.