19 Apr 2018 | Malta, Mapping Media Freedom, Media Freedom, News and features, United Kingdom
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Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder.
Maltese libel laws are having an incredibly chilling effect on journalism and free speech, said British MP Tom Brake at a parliamentary meeting.
On the six-month anniversary of the killing of Maltese journalist Daphne Caruana Galizia, the meeting was told that her sons are facing 34 libel cases that were originally made against their mother. Under Maltese law the cases then roll over against other members of the family and the plaintiffs can seek damages against their estate.
Daphne’s son Paul Caruana Galizia said: “We want to stop the abuse of libel law: magistrates should throw out cases that are obviously vexatious, designed only to harass journalists and restrict freedom of expression.”
He added: “I also think that plaintiffs seeking damages against dead people shouldn’t continue.
At her death Daphne Caruana Galizia faced 47 libel suits in all – five of those were dropped automatically after her death but there are still 34 pending civil cases against the family.
Daphne’s son Paul, who was speaking on 16 April 2018 about his mother’s killing from a car bomb, said: “There was three decades of relentless harassment”.
Paul and his family also face threats against them, and are having to take personal security measures.
Brake, a Liberal Democrat MP, who chaired a discussion between NGOs and the writer’s family, said he would put together another Early Day Motion to call attention to the case in the UK parliament. Brake said he would seek to meet with Maltese MPs, who are visiting Britain in the next few weeks, to highlight his worries about the case. He will also be writing to the Maltese authorities about the weaknesses in the investigation.
The MP also called the situation a “tragedy that is happening within our EU borders”.
Paul Caruana Galizia said that the response from the government in Malta had been “weak” and “ineffective” and outlined many concerns with the investigation.
He highlighted the conflict of interest in the enquiry: “We are in this difficult situation now where the people our mother investigated – the police, the government, anti-money-laundering authorities – are now in charge of the investigation into her own assassination”.
Rebecca Vincent, London director of Reporters without Borders, said: “The fact that this could happen in the EU was a wakeup call I think to many of us. But six months later, unfortunately, it’s not so shocking, this is sadly becoming a new reality”.
This also follows the death of another investigative reporter Jan Kuciak who was shot dead in Slovenia in a hitman-style shooting in February.
The Guardian has also recently reported that Daphne Caruana Galizia’s husband, Peter Caruana Galizia, believes that those behind the killing are being shielded by the Maltese government.[/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:1524143013537-57a1643f-a0e9-4″ taxonomies=”18782″][/vc_column][/vc_row]
17 Apr 2018 | Malta, Mapping Media Freedom, Media Freedom, News and features
[vc_row][vc_column][vc_video link=”https://youtu.be/MhT_G6fMaY8″][vc_column_text]People gathered outside Malta House in London on Monday afternoon to remember Daphne Caruana Galizia, a Maltese journalist murdered with a car bomb six months ago.
The vigil was attended by representatives of NGOs calling on the Maltese authorities for justice.
Index on Censorship, Reporters Without Borders, the International Press Institute and others have signed an open letter demanding the ongoing investigation into Caruana Galizia’s death to be monitored.
“It wasn’t just one person they silenced. When you silence a journalist, you attempt to silence an entire community, an entire country,” Jodie Ginsberg, Index on Censorship CEO, said.
The investigative journalist, who wrote about corruption and human rights breaches in Malta on her blog Running Commentary, had previously received threats because of her reporting. She was branded a political enemy and her face was put on billboards around the country by the governing party. She was murdered on 16 October 2017.
Many of the investigations she was pursuing before her murder are being taken up by journalists around the world who will publish the corruption she worked to expose.
Matthew and Paul Caruana Galizia, two of the journalist’s sons, who attended the vigil, emphasised the importance of ongoing support and said the event was “almost like another funeral because we’ve hit the six-month mark”.
Excerpts from Caruana Galizia’s writing were read out and sprigs of bay leaves, “Daphne” in ancient greek, were held by attendees. Chants of “Justice for Daphne, no more impunity” were directed at Malta House.
Ravi Prasad, head of advocacy at the International Press Institute in Vienna, was at the memorial. He is outraged at the government of Malta for superficially bandaging the issue instead of investigating properly.
“They have arrested some people but these are not the perpetrators, the actual masterminds behind the murder,” he said. “They’re trying to blame others. It’s a classic example of impunity. This is intolerable. Most of these journalists are not killed because they are covering a conflict. They were murdered for exposing corruption.”
The Director of Free Press Unlimited, Leon Willems, represented the Dutch free press organisation. The organisation, Willems told Index on Censorship, is “extremely concerned about the growing impunity with which attacks on journalists take place all over Europe. We think the case of Daphne Caruana Galizia is a case in point where we see that in spite of all the efforts, nothing much is happening and there are no real consequences.”
He added: “We think that is a grave danger to journalism and Europe and we are very concerned about the current trend.”
Holding vigils of this kind is faced with much opposition in Malta. A memorial to Daphne in front of the law courts in Valetta was recently removed. Tina Urso, activist at Il-Kenniesa, has helped organise six memorial services around the world for Caruana Galizia. She says the police in Malta find a way of shutting down the events and that “people are getting really scared.” But the anti-corruption activist believes that international voices are crucial in getting the attention of the authorities. She said: “When it comes to international pressure we know that it really bothers them and we know that they pay attention.”
The vigil was followed by a discussion of the case at the House of Commons on Monday evening. [/vc_column_text][vc_single_image image=”99687″ img_size=”full” add_caption=”yes” alignment=”center”][vc_single_image image=”99685″ img_size=”full”][/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:1523984883608-cb153aa9-5de4-5″ taxonomies=”18782″][/vc_column][/vc_row]
17 Apr 2018 | Media Freedom, News and features
[vc_row][vc_column][vc_single_image image=”99700″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Fifty-three Commonwealth heads of government are meeting for a summit in London this week. Lord Ahmad of Wimbledon, the UK Minister of State for the Commonwealth, lauded it as a unique network of 53 states with a responsibility to exert global influence based on a shared commitment to democracy, the rule of law and good governance as enshrined in the Commonwealth Charter of 2013.
But the record of Commonwealth countries concerning the rising number of killings of journalists — whose work holds a mirror up to the societies they live in – points to a dismal failure by the authorities in some member states to protect the lives of journalists targeted for their work. UN statistics also show that in all but a few cases the killers are shielded from facing justice by a climate of judicial impunity. Where is the rule of law in that?
In the five years from the start of 2013 to the end of 2017 as many as 57 journalists in Commonwealth countries were killed in the course of their work, according to UNESCO, the UN’s agency with a mandate to promote freedom of expression.
Most were killed to stop them from publishing reports into abuses of power, crime or corruption, often linked to public figures or law-enforcement officials. Among the recent shocking murders of journalists are those of editor and journalist Gauri Lankesh, shot outside her home in Bangalore, India last September, and Daphne Caruana Galizia, Malta’s best-known investigative journalist, killed in a car bombing one month later.
Yes, Commonwealth countries like India have pioneered some of the world’s most liberal Right to Information laws, and all member states are publicly committed to democratic standards including the separation of powers, independent courts and the rule of law.
Yet Commonwealth governments have evaded the chorus of demands for them to take determined actions to confront the pattern of violent assaults and other arbitrary actions aimed at silencing journalists and news media whose role is to inform the public. The London summit is the right time for them to put this on their agenda.
Luckily the Commonwealth has vigorous civil society organisations which already monitor cases of violence and intimidation against journalists and others who document abuses of civil and political rights. The Commonwealth Charter gives a mandate for strong action – despite the reluctance of some member states — by acknowledging the ‘surge in popular demands for democracy and human rights’.
UNESCO’s figures give this revealing breakdown of the 57 killings of journalists in Commonwealth countries in the five years up to the end of 2017: Pakistan 23, India 18, Bangladesh 8, Nigeria 3, and one each in Kenya, Malta, South Africa, Tanzania and Uganda.
Even more troubling, perhaps, is the picture that emerges from UNESCO’s records on the lack of effective judicial follow-ups in countries where journalists have been killed. The figures are based on states’ replies, made on a voluntary basis, to requests for information made by the Director-General of UNESCO after every verified killing.
The latest official report published by the Director-General of UNESCO recorded state authorities’ responses to killings of journalists during the ten-year period from 2006 to 2015. In that decade 104 journalists were killed in eight Commonwealth (including 9 journalists killed during Sri Lanka’s civil war up to 2009). Those statistics — based on information supplied by the governments concerned — fail to record a single case in which the perpetrators were brought to justice. Not one.
The figures are incomplete because too many states routinely fail to send back information about prosecutions, despite persistent requests from the Director-General of UNESCO. Further research shows that a handful of journalists’ killings in Commonwealth states have led to successful prosecutions – for example, in the cases of TV journalist Wali Khan Babar, killed in Pakistan in 2013, and Gautam Das, a Bangladeshi crime reporter killed in 2005.
A first step towards building confidence would be for all Commonwealth states to pledge to open investigations into the scores of unresolved cases and report any progress to the UN.
Journalists are only one of many categories of people who may face violence or persecution in Commonwealth countries, with all their diversity and ethnic and political tensions. But half a dozen United Nations resolutions adopted since 2012 have recognised that journalists face special dangers because of their work and deserve protection in order to counter corruption and abuses of democratic rights.
In advance of the London summit a coalition of grassroots Commonwealth professional organisations has come together to urge government leaders at the summit to face up to this stain on the organisation’s record. The Commonwealth Journalists Association joins the Commonwealth’s impressive networks of lawyers, legal educators, parliamentarians, academics and human rights advocates in putting forward a balanced and practical set of Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance.
The Principles are written guidelines for democratic rules of engagement, so to speak, between the media and the parliament, judiciary and executive. The Principles will not be legally binding as Commonwealth states have made clear that would be anathema to them. But can at least serve as a manual of good practice to move the countries of the Commonwealth towards ending the scourge of impunity and fulfilling their public commitment to protect the media’s right to report on public affairs.
The heads of government meeting in London’s royal palaces this week should realise that if the Commonwealth cannot be part of the solution it may well be part of the problem.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-share-alt” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column][vc_column width=”3/4″][vc_column_text]The Commonwealth Principles on freedom of expression and the role of the media in good governance was published on April 11. The signatory organisations are the CJA, the Institute of Commonwealth Studies, Commonwealth Lawyers Association, Commonwealth Legal Education Association, Commonwealth Human Rights Initiative and Commonwealth Parliamentary Association UK.[/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:1523956946253-7cccb26e-7266-2″ taxonomies=”8996″][/vc_column][/vc_row]
16 Apr 2018 | Campaigns -- Featured, Media Freedom, media freedom featured, Statements
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Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder.
Around the world, big business and corrupt politicians are using threats of legal action to silence journalists and other critics — including NGOs and activists.
Usually this starts with 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.
This process is known as a SLAPP (Strategic Lawsuit Against Public Participation). SLAPPs are designed to intimidate and silence critics by burdening defendants with huge legal costs. The purpose of SLAPPs is not to win the case. They are vexatious and are designed to eat up time and resources. They are a way to harass and intimidate journalists and others and dissuade them from reporting.
SLAPP 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 SLAPPs are simply forced into silence.
Don’t let them silence you
Index believes that by encouraging journalists and media outlets to talk more openly about these threats, we can begin to put an end to the use of these vexatious lawsuits that threaten democracy.
We support an initiative by members of the European Parliament for a new directive to tackle SLAPPs.
We also know that getting such changes takes time. But it can be done. In the United States, 34 states have enacted laws to combat SLAPPs. California, which adopted its anti-SLAPP legislation in 2009, enables defendants to sue the original plaintiff for malicious prosecution or abuse of process.
In 2015 Canada passed the Protection of Public Participation Act, which aimed to implement a fast-track review process to identify and end vexatious lawsuits.
In the meantime, there are some steps that all journalists can take to help put an end to this practice.
1. Know you are not alone
Journalists from Albania to Japan have received such letters. In Malta, for example, The Shift News website received a letter late last year from law firm Henley and Partners demanding an article be removed. Henley and Partners also stated that the letter was not to be made public.
Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder. She was being sued by Pilatus Bank, a Maltese-based financial institution she frequently criticised. The lawsuit was filed in the USA and dropped following the killing.
Other Maltese media groups, faced with legal threats, have complied with Pilatus Bank’s requests, and deleted and amended articles in their online archives. Pilatus denies any wrongdoing.
In the UK, Appleby, the firm associated with the Paradise Papers, is threatening legal action against the Guardian and the BBC, demanding they disclose any of the six million Appleby documents that informed their reporting and seeking damages for the disclosure of what it says are confidential legal documents.
2. Tell others if you receive a letter
Speak to someone you trust. This could be a colleague at your place of work, your local union or a representative from a nonprofit organisation working in your country or region. Nonprofit organisations and others working in the field of journalist safety include:
Article 19
Committee to Protect Journalists
European Centre for Press and Media Freedom
European Federation of Journalists
International Press Institute
Index on Censorship
Reporters Without Borders
SEEMO
A major fear when receiving a SLAPP letter from a large law firm can be a sinking feeling that you might indeed have something wrong with your story. This casts a long shadow of self-doubt and can prevent journalists even from discussing the letters with each other within the same newsroom.
If you receive these legal threats, discuss them with journalists from other publications who are working on similar stories. This is often the only way to find out that the subject of your investigations is trying to shut down the public discussion systematically. “Discovering that pattern is not only a story in itself, but critically important in helping journalists work together to defend themselves,” says investigative reporter Matthew Caruana Galizia.
3. Report it
If you work in one of the countries covered by the project, you should report such threats to the Index on Censorship Mapping Media Freedom platform, which documents threats to media freedom. Index works with other organisations to raise the worst cases with the Council of Europe so that the council can raise cases directly with the governments concerned.
When you document these threats on Mapping Media Freedom, you help to show that they exist and are a problem for journalists and the public, who are robbed of their right to know. Once we have that documentary evidence, we can push harder for a change in legislation. We believe that the number of threats would speak for themselves, if everyone in the countries we cover reported them.
4. Know your rights
Get expert legal advice but remember that not all lawyers are the same. There are lawyers who are experienced in dealing with SLAPPs. For example, the European Centre for Press and Media Freedom has a legal team that can advise on SLAPP lawsuits and Doughty Street Chambers has an International Media Defence Panel who regularly assist journalists and NGOs faced with these kinds of threats.
Have you received a SLAPP letter? Let us know. Spreading the word about this cases is important in tackling the problem. The more we can document the extent of this issue, the easier it will be to address it. Please let us know by contacting Joy Hyvarinen, Head of Advocacy, at [email protected]. [/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:1523875014232-cb75410f-355e-4″ taxonomies=”8996″][/vc_column][/vc_row]
