24 May 16 | Azerbaijan, Azerbaijan News, Belarus, Belgium, Bosnia, Croatia, Europe and Central Asia, France, Germany, Greece, Index Reports, Macedonia, Mapping Media Freedom, mobile, News and features, Poland, Serbia, Spain, Turkey, Ukraine
Mapping Media Freedom launched to the public on 24 May 2014 to monitor media censorship and press freedom violations throughout Europe. Two years on, the platform has verified over 1,800 media violations.
“The data the platform has collected over the last two years confirms that the state of press freedom across Europe is deplorable,” said Hannah Machlin, project officer for Mapping Media Freedom. “Media violations are occurring regularly in countries with strong democratic institutions and protective laws for journalists. Legislation limiting the press, violence across the continent and authoritarian governments are also fuelling this rapid and worrying decline. We hope that institutions and leaders take note of this information and take action swiftly.”
To mark the anniversary, we asked our correspondents to pick a key violation that stood out to them as an example of the wider picture in their region.
Russia / 113 verified reports
Several journalists and human rights activists attacked in Ingushetia
“The brutal attack on a minibus carrying six journalists and several human rights activists near the border between Ingushetia and Chechnya on the 9 March 2016 demonstrates the dangers faced by media professionals working in Russia’s North Caucasus. No suspects have been established so far. This case stands out due to its extreme violence but also supports a common trend: the reluctance of the local authorities to ensure that the journalists’ rights are respected.” – Ekaterina Buchneva
Italy / 190 verified reports
97 journalists accused of breaking the law in mafia investigation
“This was a very relevant investigation, with no precedent, that took place in October, a few weeks away from the start of the trial known as Mafia Capitale, which concerns the scandal that involved the government of the city of Rome. It is a collective intimidation because it involved 97 journalists, who were denounced for violating the secret on the ongoing investigations. It is a really serious form of intimidation because it was activated within the field of law and thus is not punishable.” – Rossella Ricchiuti
Turkey / 57 verified reports
Zaman newspaper seized by authorities
“These attacks and actions taken by the government against independent media in Turkey attest to the shrinking space of independent media overall. In addition, it illustrates the shifting power dynamic within the ruling government in Turkey where once upon a time friends, are turned into enemies by the regime. As the paper wrote itself, Turkey is headed through its ‘darkest and gloomiest days in terms of freedom of the press.'” – MMF’s Turkey correspondent
Azerbaijan/ 5 verified reports
Writer banned from leaving country
“Aylisl’s 12-hour interrogation at the airport and later charges of hooliganism were just as absurd as the claim that a 79-year-old man, suffering from a heart condition and other health issues would attack an airport employee to such an extent that it would cause hemorrhage. I chose this example to illustrate the absurdity of charges brought against individuals in Azerbaijan but also the extent to which the regime is ready to go in order to muzzle those voices who different.” – MMF’s Azerbaijan correspondent
Macedonia / 59 verified reports
Deputy Prime Minister attacks journalist
“This incident best demonstrates the division in society as a whole and among journalists as a professional guild. This is a clear example of how politicians and elites look upon and treat the journalist that are critical towards their policies and question their authority.” – Ilcho Cvetanoski
Bosnia / 56 verified reports
Police raid Klix.ba offices
“This was the most serious incident over the last two years in Bosnia regarding the state’s misuse of institutions to gag free media and suppress investigative journalism. In this specific incident, the state used its mechanisms to breach media freedoms and send a chilling message to all other media.” – Ilcho Cvetanoski
Croatia / 64 verified reports
Journalist threatened by disbanded far-right military group
“After the centre-right government in Croatia came to power in late 2015, media freedom in the country rapidly deteriorated. Since then around 70 media workers in the public broadcaster were replaced or removed from their posts. This particular case of the prominent editor-in-chief of the weekly newspaper Novosti receiving a threatening letter from anonymous disbanded military organisation demonstrates the polarisation in the society and its affect on media freedom.” – Ilcho Cvetanoski
Greece / 34 verified reports
Golden Dawn members assault journalists covering demonstration
“This was the second attack against journalists by Golden Dawn members within one month. With more than 50,000 asylum seekers and migrants trapped in Greece, the tension between members of the far-right group and anti-fascist organisations is rising.” – Christina Vasilaki
Poland / 35 verified reports
Over 100 journalists lose jobs at public broadcasters
“This report highlights the extent of the ongoing political cleansing of the public media since the new media law was passed in early January.” – Martha Otwinowski
Germany / 74 verified reports
Journalist stops blogging after threats from right-wing extremists
“The MMF platform lists numerous incidents where German journalists have been threatened or physically assaulted by right-wing extremists over the last two years. This incident stands out as a case of severe intimidation that resulted in silencing the journalist altogether.” – Martha Otwinowski
Belgium / 19 verified reports
Press asked to respect lockdown during anti-terrorism raids
“On 22 November 2015, the Belgian authorities asked the press to refrain from reporting while a big anti-terrorist raid was taking place in Brussels. While understandable, this media lock-down raised questions for press freedom and underlined the difficulties of reporting on terror attacks and anti-terror operations.” – Valeria Costa-Kostritsky
Luxembourg / 2 verified reports
Investigative journalist on trial for revealing Luxleaks scandal
“This Luxleaks-related case is the only violation we have become aware in Luxembourg over the period (which is not to say that no other cases occurred). Along with two whistleblowers, a journalist was prosecuted by PricewaterhouseCoopers and accused of manipulating a whistleblower into leaking documents. This is a good example of the threat the notion of trade secrets can represent to journalism.” – Valeria Costa-Kostritsky
Ukraine / 127 verified reports
Website leaks personal information of more than 4,000 journalists
“This incident shows how fragile the media freedom and personal data of journalists are in armed conflict. Even after a great international scandal, the site continues to break the legislation and publishes new lists. It has been operating for two years already and those involved in its activities go unpunished. It seems that the post-Maidan Ukraine has simply ‘no political will’ for this.” – Tetiana Pechonchyk
Crimea / 18 verified reports
Journalists’ homes searched, criminal case filed
“This report shows the everyday life of independent journalists working on the peninsula. Only a few critical voices are still remaining in Crimea while the majority of independent journalists were forced to leave the profession or to leave Crimea and continue their work on the mainland Ukraine.” – Tetiana Pechonchyk
Spain / 49 verified reports
Journalist fined for publishing photos of arrest
“The latest issue for the Spanish media is the Public Security Law, introduced in June 2015, which among other things limits space for reporters. The law prohibits the publication of photo and video material where police officers may be identified, unless official state permission is obtained. This was the first case of a journalist being fined by the new law.” – Miho Dobrasin
Belarus / 47 verified reports
Journalist beaten by police, detained and fined for filming police attacks
“The story has ended in impunity: a criminal case was not even filed against the police officers who had beaten the journalist.” – Volha Siakhovich
Latvia / 12 verified reports
Latvia and Lithuania ban Russian-language TV channels
“This was the beginning of a disturbing tendency to react with rather futile gestures against Russian television channels. The bans are not so much against the media, as telling the audience that the authorities, not the public, will decide what Latvian viewers may or may not see or hear.” – Juris Kaža
Serbia / 110 verified reports
Investigative journalists victim of smear campaign
“You have to be very brave to launch a new investigative journalism portal in Serbia and expose corruption and organised crime involving government officials. That is why the launch of KRIK in early 2015 has been so important for media freedom, but at the same time so dangerous for its journalists. Smear campaigns like this by pro-government tabloid Informer are a relatively new but common method in the Balkans to scare journalists off.” – Mitra Nazar
10 Jan 14 | Digital Freedom, Europe and Central Asia, European Union, News and features
(Illustration: Shutterstock)
This article is part of a series based on our report, Time to Step Up: The EU and freedom of expression
The EU has made a number of positive contributions to digital freedom: it plays a positive part in the global debate on internet governance; the EU’s No-Disconnect Strategy, its freedom of expression guidelines and its export controls on surveillance equipment have all be useful contributions to the digital freedom debate, offering practical measures to better protect freedom of expression. Comparatively, some of the EU’s member states are amongst the world’s best for protecting online freedom. The World Wide Web Foundation places Sweden at the top of its 2012 Index of internet growth, utility and impact, with the UK, Finland, Norway and Ireland also in the top 10. Freedom House ranks all EU member states as “free”, and an EU member state, Estonia, ranks number one globally in the organisation’s annual survey, “Freedom in the World”. But these indices merely represent a snapshot of the situation and even those states ranked as free fail to fully uphold their freedom of expression obligations, online as well as offline.
As the recent revelations by whistleblower Edward Snowden have exposed, although EU member states may in public be committed to a free and open internet, in secret, national governments have been involved in a significant amount of surveillance that breaches international human rights norms, as well as these governments’ own legal commitments. It is also the case that across the EU, other issues continue to chill freedom of expression, including the removal or takedown of legitimate content.
The EU’s position on digital freedom is analysed in more detail in Index on Censorship’s policy paper “Is the EU heading in the right direction on digital freedom?” The paper points out that the EU still lacks a coherent overarching strategy and set of principles for promoting and defending freedom of expression in the digital sphere.
Surveillance
Recent revelations by former US National Security Agency (NSA) whistleblower Edward Snowden into the NSA’s PRISM programme have also exposed that mass state surveillance by EU governments is practised within the EU, including in the UK and France.
Mass or blanket surveillance contravenes Article 8 (the right to respect for private and family life) and Article 10 (the right to freedom of expression) of the European Convention on Human Rights. In its jurisprudence, the European Court of Human Rights has repeatedly stated that surveillance, if conducted without adequate judicial oversight and with no effective safeguards against abuse, will never be compatible with the European Convention.[1]
This state surveillance also breaches pledges EU member states have made as part of the EU’s new cybersecurity strategy, which was agreed in February 2013 and addresses mass state surveillance. The Commission stated that cybersecurity is predominantly the responsibility of member states, an approach some have argued gives member states the green light for increased government surveillance. Because the strategy explicitly states that “increased global connectivity should not be accompanied by censorship or mass surveillance”, member states were called upon to address their adherence to this principle at the European Council meeting on 24th October 2013. The Council was asked to address revelations that external government surveillance efforts, such as the US National Security Agency’s Prism programme, undermining EU citizens’ rights to privacy and free expression. While the Council did discuss surveillance, as yet there has been no common EU position on these issues.
At the same time, the EU has also played a role in laying the foundations for increased surveillance of EU citizens. In 2002, the EU e-Privacy Directive introduced the possibility for member states to pass laws mandating the retention of communications data for security purposes. In 2006, the EU amended the e-Privacy Directive by enacting the Data Retention Directive (Directive 2006/24/EC), which obliges member states to require communications providers to retain communications data for a period of between six months and two years, which could result in member states collecting a pool of data without specifying the reasons for such practice. A number of individual member states, including Germany, Romania and the Czech Republic, have consulted the European Convention on Human Rights and their constitutions and have found that the mass retention of individual data through the Data Retention Directive to be illegal.
While some EU member states are accused of colluding in mass population surveillance, others have some of the strongest protections anywhere globally to protect their citizens against surveillance. Two EU member states, Luxembourg and the Czech Republic, require that individuals who are placed under secret surveillance to be notified. Other EU member states have expanded their use of state surveillance, in particular Austria, the UK and Bulgaria. Citizens of Poland are subject to more phone tapping and surveillance than any other citizens in the European Union; the European Commission has claimed the police and secret services accessed as many as 1,300,000 phone bills in 2010 without any oversight either by the courts or the public prosecutor.
Internet governance
At a global level the EU has argued for no top-down state control of internet governance. There are efforts by a number of states including Russia, China and Iran to increase state control of the internet through the International Telecommunication Union (ITU). The debate on global internet governance came to a head at the Dubai World Conference on International Telecommunications (WCIT) summit at the end of 2012 which brought together 193 member states. At the WCIT, a number of influential emerging democratic powers aligned with a top-down approach with increased state intervention in the governance of the internet. On the other side, EU member states, India and the US argued the internet should remain governed by an open and collaborative multistakeholder approach. The EU’s influence could be seen through the common position adopted by the member states. The European Commission as a non-voting WCIT observer produced a common position for member states that opposed any new treaty on internet governance under the UN’s auspices. The position ruled out any attempts to make the ITU recommendations binding and would only back technology neutral proposals – but made no mention of free expression. The absence of this right is of concern as other rights including privacy (which was mentioned) do not always align with free speech. After negotiations behind closed doors, all 27 EU member states and another 28 countries including the US abstained from signing the final treaty. That states with significant populations and rising influence in their regions did not back the EU and leant towards more top-down control of the internet should be of significant concern for the EU.
Intermediate liability, takedown and filtering
European laws on intermediate liability, takedown and filtering are overly vague in defining what constitutes valid and legitimate takedown requests, which can lead to legal uncertainty for both web operators and users. Removal of content without a court order can be problematic as it places the content host in the position of judge and jury over content and inevitably leads to censorship of free expression by private actors. EU directorate DG MARKT[2] is currently looking into the results of a public consultation into how takedown requests affect freedom of expression, among other issues. It is expected that the directorate will outline a directive or communication on the criteria takedown requests must meet and the evidence threshold required, while also clarifying how “expeditiously” intermediaries must act to avoid liability. A policy that clarifies companies’ legal responsibilities when presented with takedown requests should help better protect online content from takedown where there is no legal basis for the complaint.
The EU must take steps to protect web operators from vexatious claims from individuals over content that is not illegal. Across the EU, the governments of member states are increasingly using takedown requests. Google has seen a doubling of requests from the governments of Germany, Hungary, Poland and Portugal from 2010-2012; a 45% increase from Belgium and double-digit growth in the Netherlands, Spain and the UK. Governments are taking content down for dubious reasons that may infringe Article 10 rights of the ECHR. In 2010, a number of takedown requests were made in response to ‘”government criticism” and four in response to “religious offence”. A significant 8% of takedown requests were in response to defamation offences. With regard to defamation charges, it must be noted that the public interest is not protected equally across all EU countries (see Defamation above).
Although corporate takedown is more prevalent than state takedown, particularly in the number of individual URLs affected, the outcome of the DG MARKT consultation must be to address both vexatious state and corporate takedown requests. The new communication or directive must be clearer than the EU e-Commerce directive has been with respect to the responsibility of member states. While creating a legal framework that was intended to protect internet intermediaries, the EU e-Commerce directive has failed to be entirely effective in a number of high-profile cases. EU member states use filters to prevent the distribution of child pornography with questionable effectiveness. However, filters have not been used by states to block other content after a Court of Justice of the European Union ruling stated EU law did not allow states to require internet service providers to install filtering systems to prevent the illegal distribution of content. The Court made it clear at the time that such filtering would require ISPs to monitor internet traffic, an infringement under EU law. This has granted European citizens strong protections against systematic web filtering on behalf of states. There continue to be legal attempts to force internet intermediaries to block content that is already in the public domain. In a recent case, brought by the Spanish Data Protection authority on behalf of a complainant, the authority demanded that the search engine Google remove results that pointed to an auction note for a reposessed home due to social security debts. The claimant insisted that referring to his past debts infringed on his right to privacy and asked for the search results to be removed. In June 2013, the Advocate General of the European Court of Justice decided Google did not need to comply to the request to block “legal and legitimate information that has entered the public domain” and that it is not required to remove information posted by third parties. Google has estimated that there are 180 cases similar to this one in Spain alone. A final decision in the case is expected before the end of this year, which could have profound implications for intermediate liability.
[1] In Liberty v. UK (58243/00) the ECHR stated: “95. In its case-law on secret measures of surveillance, the Court has developed the following minimum safeguards that should be set out in statute law in order to avoid abuses of power: the nature of the offences which may give rise to an interception order; a definition of the categories of people liable to have their telephones tapped; a limit on the duration of telephone tapping; the procedure to be followed for examining, using and storing the data obtained; the precautions to be taken when communicating the data to other parties; and the circumstances in which recordings may or must be erased or the tapes destroyed”; A. v. France (application no. 14838/89), 23.11.1993: found a violation of Article 8 after a recording was carried out without following a judicial procedure and which had not been ordered by an investigating judge; Drakšas v. Lithuania, 31.07.2012, found a violation of Article 13 (right to an effective remedy) on account of the absence of a judicial review of the applicant’s surveillance after 17 September 2003.
[2] The Internal Market and Services Directorate General
11 Nov 11 | News and features
MURDERED 11th NOVEMBER 2001
Johanne Sutton, Reporter, Radio France International
Pierre Billaud, Journalist, Radio Television Luxembourg
Volker Handloik, Freelance Reporter, “Stern” magazine Taloqan, Afghanistan
Join us in demanding justice for Johanne Sutton, Pierre Billaud and Volker Handloik, the first media casualties claimed by the U.S.-led attack on Afghanistan on 11 November 2001. They were reporting on front-line fighting in northeastern Afghanistan when the Taliban fired upon their armoured personnel carrier.
In Afghanistan, journalists are sometimes caught in the crossfire. But ARTICLE 19 says that over the past five years, the leading cause of death among journalists in warzones has become murder, and that impunity is a primary concern. The Afghan organisation Nai says that 22 journalists have been killed (including six women) and another 23 kidnapped in the decade-long war. Around the world, domestic, regional or international jurisdiction, including the Geneva Conventions, has been largely ineffective in bringing justice or accountability to journalists – a situation leading ARTICLE 19 and many others to call for far greater implementation of a government’s responsibility to protect journalists.
International Day to End Impunity is on 23 November. Until that date, we will reveal a story each day of a journalist, writer or free expression advocate who was killed in the line of duty.
