Slovakia: democracy just bearing up

You may have seen some of the coverage of the attack on Slovakia’s four-time and current Prime Minister Robert Fico. The attacker was apprehended and has not been formally named but is identified in Slovak media as a 71-year-old unsuccessful and disgruntled amateur writer who spread anti-Roma prejudices in his pamphlets. The blatant attack put Slovakia briefly in the global spotlight and came six years after Slovak investigative journalist Ján Kuciak and his fiancée Martina Kušnírová were murdered, reportedly on the orders of oligarch Marián Kočner.

No country could sensibly have wanted this attention. Slovakia still meets the threshold for democracy in global comparative measurements. Yet the attack, coupled with recent governmental assaults on independent institutions including public broadcasters, makes Slovakia appear dysfunctional and inspired by neighbouring Hungary. That country is ruled by Prime Minister Viktor Orbán in an increasingly authoritarian manner.

This sense of “something rotten” goes much deeper into the past than the 2024 assault, and the 2018 murder of Kuciak and Kušnírová was a critical juncture. Fico governed back then, too, for the third time, and his rule facilitated the impunity of Kočner and the like. While not known as a friend of independent institutions, Fico managed to persuade some democratic parties to form a coalition with him.

The 2018 murder sparked massive protests and Fico resigned – only to hand his seat to one of his deputies. That politician, Peter Pellegrini, is now Slovakia’s President-elect, to be inaugurated in June.

The 2020 elections were supposed to translate anger towards the previous political elite into a pro-reform government. A new government emerged, but led by an inexperienced populist, who was faced straight away by the immense challenges of the Covid-19 pandemic.

A post-pandemic cabinet emboldened qualified investigators to unearth crimes of corruption. In fact, this is why Kočner is already in jail, as his orchestration of the Kuciak murder is still being litigated. The first-instance court acquitted Kočner twice for the murder-related charges, despite the first acquittal being quashed on appeal.

The “untying of hands” of the investigators made some Slovak elites, Fico among them, worried. Fico himself narrowly avoided investigative detention although one of his closest aides spent a month inside.

Hence, when frustration from the mismanagement of the pandemic combined with unscrupulous use of disinformation catapulted Fico to become PM for the fourth time, his government identified those same anti-corruption bodies as a key target. If democracy was to fall with them, why not?

With the police and special prosecution service gutted, the media has become the obvious next target. Fico has not hidden the fact that Kuciak’s journalistic successors, as well as intellectuals speaking truth to power, irritated him.

Some Slovak independent media have resisted this slide from democracy and a good deal of resistance remains, including from journalists themselves even in major commercial media which the government has had a hard time to subdue directly. Media owners are less enthusiastic about the risks of losing profit though, and signs of their willingness to compromise good relations with the government have been scarce so far.

There are other institutions that can help democracy, too. The Constitutional Court, an influential interpreter of the Slovak constitution, remains largely untouched by the government and difficult to be subordinated by the executive.

Slovakia’s constitution enshrined democracy at the front of its wording when it was enacted more than 30 years ago. That principle is still there, as are the rule of law and a relatively broad rights catalogue. As such, the Constitutional Court has much to work with to address, for example, challenges to legislation curbing independent public broadcasting.

These forms of resistance may even generate new leaders and ideas. Yet, there is little social energy left to go beyond just bearing up under the strain.

On New Year’s Eve 1990, weeks after the Velvet Revolution, dissident and last Czechoslovak President Václav Havel argued that “our country is not flourishing”. He meant to prepare the public for the difficulties of the transition from authoritarian state socialism.

These words apply equally for today’s Slovakia. The government is going to have a hard time to completely silence the opposition even with the additional support gained from the attack on Fico. The EU institutions may weigh in as well, especially if they learned some lessons from having observed the Hungarian regime change with minimal questioning.

But the energy to resist is taken from addressing long-term local and global issues – the climate emergency, demographic changes, a braindrain of Slovakian talent, underperformance in research and much more.

Arguably, Slovakia has lacked an elected government with a vision for more than a decade. NGOs, the media, or the public at large cannot replace vision-building completely. That leaves Slovak academia, where most Slovak political leaders were educated. Comparative disadvantages abound here: the oldest surviving university is just over a century old, and the country did not get an intellectual injection akin to, for example, the founding of the Central European University in Hungary. But these hurdles do not excuse its insufficient contribution towards a societal vision.

In Hungary, Orbán succeeded in effectively forcing most of the CEU out of Budapest and subordinating most public universities. In Slovakia, it is unclear whether the followers of Orbán would need to bother with academic resistance in the first place. And long-term democratic resistance is difficult to sustain without a positive societal vision.

Five years on from 2019, the individual who fired five bullets at Fico lamented that definitions and notions no longer apply. He should have stuck to his writing and talking. After this desperate act, a critical mass of Slovak journalists is trying their best to prevent even more definitions and notions being captured by non-democrats, an increasingly uphill struggle.

Alone, they will not succeed but others can help – both in daily vigilance to the government’s new measures, and by refocusing to a long-term vision for life in and of Slovakia beyond mere bearing up.

From the Danube to the Baltic Sea, Germany takes an authoritarian turn

Since the Hamas’ 7 October terrorist attacks and the subsequent Israeli assault on Gaza, German authorities are using increasingly illiberal measures to curtail pro-Palestine activism. Under the guise of combatting Israel-related antisemitism, civic space for freedom of expression and assembly is shrinking.

The seemingly isolated incidents highlighted in this article are piling up and the curtailing of civic space is starting to be noticed internationally: Civicus, which ranks countries by freedom of expression rights, recently downgraded Germany in a review from “open” to “restricted” due to repression of pro-Palestinian voices, as well as of climate activists.

Stigmatisation of pro-Palestine activism

In her speech celebrating the 60th anniversary of the foundation of Israel in 2008, former chancellor Angela Merkel referred to the historical responsibility of Germany for the Shoah, including the security of Israel, as part of Germany’s “Staatsräson” (reason for existence). As Hamas has never credibly renounced its goal of destroying Israel, many German policymakers instinctively lean towards near unconditional support for Israel in the face of such adversaries. For them, the 7 October attacks only served to highlight that Germany cannot give an inch to critics of Israel.

There are long-standing disagreements around where to draw the line between legitimate criticism of Israel and attacks on Israel that single it out because it is a Jewish state, are expressed in antisemitic ways or are motivated by antisemitic views. For example, the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism acknowledges that “criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic” but identifies seven examples of when attacks on Israel may be antisemitic (taking into account the overall context). For example, it could be antisemitic to reference classic antisemitic tropes such as the blood libel conspiracy myth to describe Israel, deny the Jewish people’s right to self-determination or blame Jews collectively for the actions of Israel, according to IHRA.

While Germany has adopted IHRA, much looser standards seem to be applied by authorities and commentators committed to tackling Israel-related antisemitism. Calls for a binational state, advocacy for the Palestinian refugees’ right of return, support for Boycott, Divestment and Sanctions (BDS) or accusations that Israel is committing Apartheid are regularly identified as antisemitic. There is a strong sense that given its historical responsibility, it is not Germany’s place to judge, or let anyone else judge, Israel even as its offensive in Gaza has resulted in one of the highest rates of death in armed conflict since the beginning of the 21st century, and disproportionately affects civilians.

Against this background, advocacy for Palestinian political self-determination and human rights is cast as suspicious. In the liberal Die Zeit newspaper, journalist Petra Pinzler criticised the Swedish climate activist Greta Thunberg as she “sympathises more and more openly with the Palestinians and thus divides the climate movement.” Apparently sympathy with the Palestinians has become a cause for concern.

The debates since 7 October have created an atmosphere in which pro-Palestinian voices are more and more stigmatised. Pro-Palestinian protests have repeatedly been banned by local authorities. Their dystopian rationale for these bans revolves around the idea that, based on assessments of previous marches, crimes are likely to be committed by protesters. The practice is not new: in the past, German police have even banned protests commemorating the Nakba (Arabic for “catastrophe”), the collective mass expulsion and displacement of around 700,000 Palestinians from their homes during the 1947-49 wars following the adoption of the Partition Plan for Palestine by the United Nations. In reaction to pro-Palestine protests since 7 October, the antisemitism commissioner of North Rhine Westphalia and former federal justice minister even suggested the police should pay closer attention to the nationality of pro-Palestine protest organisers as protests organised by non-Germans could be banned more easily.

Furthermore, pro-Palestinian political symbols are being falsely associated with Hamas or other pro-terrorist organisations. In early November, the Federal Interior Ministry banned the chant “From the River to the Sea, Palestine will be free” as a symbol of both Hamas and Samidoun, a support network for the Marxist-Leninist Popular Front for Liberation of Palestine which has been designated as a terrorist organisation by the European Union.

While one plausible interpretation of the “From the River to the Sea” slogan is that it is a call for the destruction of Israel, it is equally plausible to understand it as a call for a binational state with full equality of all citizens. Without context, the slogan cannot automatically be identified as antisemitic, though it is of course entirely legitimate to criticise this ambivalence. As has been extensively documented, the slogan does not originate with nor is exclusively used by Hamas.

Apart from being based on misinformation, banning “From the River to the Sea” has also created the ludicrous situation that the German police force is asked to make assessments on whether holding a “From the River we do see nothing like equality” placard is an expression of support for terrorism. A former advisor to Angela Merkel even called for the German citizenship of a previously stateless Palestinian woman to be revoked who posted a similar slogan (“From the River to the Sea #FreePalestine”) on her Instagram.

In some cases, these dynamics venture into the absurd. On 14 October, the activist Iris Hefets was temporarily detained in Berlin for holding a placard that read: “As a Jew & an Israeli Stop the Genocide in Gaza.”

These illiberal and ill-conceived measures are not limited to protests. In response to the 7 October attacks, authorities in Berlin allowed schools to ban students from wearing keffiyeh scarves to not “endanger school peace”.

Curtailing civic spaces

While these trends have been accelerated since 7 October, they predate it. In 2019, the German Bundestag passed a resolution that condemned the BDS movement as antisemitic. It referenced the aforementioned IHRA definition of antisemitism (which does not comment on boycotts), compared the BDS campaign to the Nazi boycotts of Jewish business and called on authorities to no longer fund groups or individuals that support BDS.

BDS calls for the boycott of Israeli goods, divestment from companies involved in the occupation of Arab territories and sanctions to force the Israeli government to comply with international law and respect the rights of Palestinians, including the right of return for Palestinian refugees. Inspired by the boycott campaign against Apartheid South Africa, BDS has attracted many supporters, but critics have claimed that BDS singles out Israel and delegitimises its existence. Accusations of antisemitism within the movement should of course be taken seriously: BDS supporters have previously been accused of employing antisemitic rhetoric about malign Jewish influence and intimidating Jewish students on campus. However, many of BDS’ core demands are clearly not antisemitic. Since the BDS lacks a central leadership that would issue official stances, it is difficult to make blanket statements about the movement in its entirety.

The 2019 resolution is now being cited to shut down cultural events. A planned exhibition in Essen on Afrofuturism was cancelled over social media posts that, according to the museum, “do not acknowledge the terroristic attack of the Hamas and consider the Israeli military operation in Gaza a genocide” and expressed support for BDS. The Frankfurt book fair “indefinitely postponed” a literary prize for the Palestinian author Adania Shibli, after one member of the jury resigned due to supposed anti-Israel and antisemitic themes in her book. Shibli has since been accused by the left-wing Taz newspaper of being an “engaged BDS supporter” for having signed one BDS letter in 2007 and a 2019 letter that criticised the city of Dortmund for revoking another literary price for an author that supports BDS. A presentation by the award-winning Forensic Architecture research group at Goldsmiths (University of London), which has analysed human rights abuses in SyriaVenezuela and Palestine as well as Neo-Nazi murders in Germany, was likewise cancelled by the University of Aachen which cited the group’s founder Eyal Weizman’s support for BDS.

The curtailing of civic space increasingly affects voices that have stood up for human rights at great personal risk. The Syrian opposition activist Wafa Ali Mustafa was detained by Berlin police near a pro-Palestine protest, reportedly for wearing a keffiyeh scarf. Similarly, the Heinrich-Böll-Stiftung, which is associated with the centre-left Green Party, pulled out of the Hannah Arendt prize ceremony, which was due to be awarded to the renowned Russian dissident, philosopher and human rights advocate Masha Gessen. Despite acknowledging differences between the two, Gessen had compared Gaza to the Jewish ghettoes in Nazi-occupied Europe in an article about the politics of memory in Germany, the Soviet Union, Russia, Poland, Ukraine, Hungary and Israel.

Conversation stoppers

Alarm bells should ring as one of Europe’s major liberal democracies has taken an authoritarian turn in the aftermath of 7 October. Germany’s noble commitment to its historical responsibility in the face of rising antisemitism is morphing into a suppression of voices advocating for Palestinian political self-determination and human rights.

In this distorted reality, civic spaces are eroded, cultural symbols banned, political symbols falsely conflated with support for terrorism and events are shut down. So far, there has been little pushback or critical debate about these worrying developments. To the contrary: politicians, foundations, cultural institutions and media outlets seem to be closing ranks under the shadow of the 2019 BDS resolution and a skewed interpretation of the IHRA definition.

Following the appalling violence committed by Hamas on 7 October, and the scale of civilian suffering in Gaza due to the subsequent Israeli military offensive, polarisation and tension between communities have been on the rise. In this context, it is crucial to be able to have passionate, empathetic, controversial and nuanced discussions about the conflict, its history, the present impasse, potential ways forward and its impact on Jewish, Muslim and Arab communities abroad. With the voices of activists, authors and even internationally renowned human rights advocates being increasingly isolated, these vital exchanges are prevented from taking place.

Curtailing creativity today will lead to greater censorship tomorrow

How we express ourselves and the mediums we choose is an intensely intimate process. Artists, writers, dancers, actors and musicians think very hard about what they wish to convey and how they wish to convey it.

Creativity and freedom of expression go hand in hand. To curtail one imperils the other. Creativity that is confined is censorship and when freedom of expression is under threat, self-censorship in art and culture becomes more prevalent.

All of us who value our voices and our freedoms have a duty to promote and protect creativity and ensure that everyone can tell their stories – however challenging they may be – in whatever medium they choose.

We expect these challenging but universal rights to be upheld in every nation – and especially those that claim to share our democratic values. And you would have thought they would be a given within the European Union member states. Yet, it seems all too often we are likely to be disappointed.

Victor Orbán’s government of Hungary is a case in point. A member of the European Union, Hungary is seemingly on a path leading further away from the democratic norms we all hold dear and venturing off to the dark recesses of oppression.

This week, the target of Hungary’s increasing authoritarianism is the World Press Photo exhibition and specifically the work of Hannah Reyes Morales.

Reyes Morales is a widely respected artist who uses her art and her skill to tell the story of LGBTQI+ life in the Philippines based on her own lived experience. She explores the joy, the optimism, the heartache and the sorrow that modern life brings to everyone.

Her artwork is a canvas in which her representation of emotion is weaved delicately against her own experiences. It is a celebration of what it is to be human and a stark reminder of the fragility of what we all hold dear.

So, a celebrated artist of international standing showcasing her work in a European Country. That’s all good then, yes?

Apparently not.

Orbán’s government not only sought to censor the World Press Photo exhibition – they sought to ban any and all works which featured LGBTQI+ works.

The head of Hungary’s National Museum, Laszlo Simon, has now also been sacked for his curation of the exhibition. He is accused of providing access to material to under 18s which ‘promotes’ homosexuality under the controversial Hungarian law that bans the “display and promotion of homosexuality” in materials accessible to children, such as books and films.

While the head of the museum is clear that no laws were intentionally broken, the compliance with the rule is not the issue. It is the law itself which is an affront to freedoms. And the fact that for the first time on European soil the World Press Photo exhibition has been censored.

LGBTQI+ rights in Hungary are under attack and those who speak out are ostracised. Artistic freedom is under attack and those that challenge it do so at the fear of losing their jobs.

This is yet another attempt by the repressive regime of Viktor Orbán to erase minority voices, silence campaigns and censor anything that does not fit into his narrow world view.

The European Commission chief Ursula von der Leyen has already called Orbán’s legislation a ‘disgrace’. Human rights organisations around the world have marked Hungary’s lurch to the populist right as a defining moment in European history and should pose the question to other EU members about the sort of leaders they want in their club.

But it also exposes the ease with which authoritarianism and censorship can spread. Curtailing creativity today will lead to greater censorship tomorrow.

Index on Censorship continues to – and always will –  share the stories of those silenced by Orbán. And we stand with Simon and Reyes-Morales as they try to make sure that all voices are heard and celebrated.

 

An end to the ‘desperate situation’ for Europe’s journalists?

Sofia Mandilara really likes her job. As a reporter for the Greek news agency Amna, she is “often at the forefront of important events”, she said. “Through us, people find out what is going on in our country.” But not all that goes on in Greece is reported. This is because Amna belongs to the Greek state and is subject to the office of Prime Minister Kyriakos Mitsotakis. Anyone who reports critically on his conservative government is censored, the 38-year-old said.

A similar situation exists at the Italian state broadcaster, Rai, which plays a major role in shaping public opinion. It is increasingly under the influence of Italy’s right-wing populist government. Immediately after taking office in October 2022, Prime Minister Giorgia Meloni filled all management positions with her followers. The two previous governments did the same, but none as radically as Meloni. Prominent reporters left and even high-profile journalist and anti-Mafia author Roberto Saviano’s show was cancelled after he tangled with Meloni. Positive reports about Meloni’s government, meanwhile, account for around 70% of all political news on Rai stations, according to the media research institute Osservatorio di Pavia.

Journalists at the Journal du Dimanche, France’s leading Sunday newspaper, have also suffered a radical change of regime. In the spring, Vivendi, owned by billionaire Vincent Bolloré, got the go-ahead to buy the publishing giant Lagardère, including the JDD. Bolloré publicly denies any political interest. But as with his acquisitions of CNews in 2016 and the magazine Paris Match last year, the buy-out was followed by a sharp turn in the editorial orientation of the JDD towards the far right.

State officials who demand censorship, party functionaries who misuse public broadcasters for their propaganda and billionaires who buy media to propagate their own political interests – what was long known only in Viktor Orbán’s Hungary – is spreading across Europe. The creeping decline in media freedom and pluralism has been documented for years by the Centre for Media Freedom at the European University of Florence, an EU-funded project. There is now “an alarming level of risk to media pluralism in all European countries”, researchers wrote in their annual report in June.

This puts Europe in a “desperate situation”, said Věra Jourová, the EU Commission vice-president for values and transparency. The Czech Commissioner has personal experience of life without a free press. “I lived under communism, that was uncontrolled power – and unchallengeable power. This should not happen in any EU member state,” she said in an interview with Investigate Europe, a co-operative of journalists from different European countries. Media are “the ones who keep politicians under control. If we want the media to fulfil its important role in democracy, we have to introduce a European safety net.” That is why she is pushing to implement a landmark EU law “to protect media pluralism and independence”, which would set legally binding standards to preserve press freedom in all EU member states.

She and her colleagues introduced the bill in September 2022. Among other things, it provides that: public service media must report “impartially” and their leadership positions must be “determined in a transparent, open and non-discriminatory procedure”; the allocation of state funds to media for advertising and other purposes must be made “according to transparent, objective, proportionate and non-discriminatory criteria”; governments and media companies must ensure that the responsible “editors are free to make individual editorial decisions”; owners and managers of media companies must disclose “actual or potential conflicts of interest” that could affect reporting; and the enforcement of journalists to reveal their sources, including through the use of spyware, must be prohibited.

All of this seems self-evident for democratic states and yet it met with massive resistance from not only Hungary and Poland, but also Austria and Germany. They argued the proposal is overreaching, “with reference to the cultural sovereignty of the member states”, according to minutes from the legislative negotiations in the EU Council, obtained by Investigate Europe. The four governments wanted a directive rather than a legally binding regulation, which would allow the governments to undermine the bill.

In Germany, media supervision is the task of regional states. On their behalf, Heike Raab from the state government of Rhineland-Palatinate, led the negotiations in the EU Council. The EU was acting as a “competence hoover in an area that was expressly reserved for the member states in the treaties”, Raab argued, saying the law would be an “encroachment on publishers’ freedom” in line with the respective lobby. If publishers are no longer allowed to dictate the content of their media alone, this would “destroy the freedom of the press”, the Federal Association of Newspaper Publishers declared. The European Publishers Association claimed that the EU proposal was in fact a “media unfreedom act”. However, Raab and the publishers’ lobby failed to present any practical proposals on how to stop the attacks on editorial freedom.

Such opposition has so far proved largely unsuccessful. Although several controversial amendments to the law have been put forward (most notably when a majority of EU governments backed a change to allow the possible use of spyware in the name of national security), the key proposals of Jourová and her colleagues were adopted in June by most EU governments. If, as expected, the parliament also gives its approval at the beginning of October, the law could come into force early next year – and trigger a small revolution in the European media system. At least that is what Jourová hopes.

The direct influence on public service media by way of appointment of politically affiliated managers, as seen in Greece and Italy, for example, would not be compatible with the new law. “The state must not interfere in editorial decisions,” Jourová said. If a member state does not comply, the Commission could open proceedings against the government for violation of the EU treaties. And if the violations continue, this could “lead to very serious financial penalties from the European Court of Justice.”

Journalists themselves could also sue governments or private media owners in national courts against censorship or surveillance on their part, the Commissioner explained.

It is questionable, however, whether this can help reverse the decline of media diversity in the right-wing populist-ruled countries. The Hungarian and Polish government are already accepting the blocking of billions in payments from EU funds because they violate the principles of the rule of law with their political control of the courts. So why should they fear further rulings by EU judges?

Viktor Orbán’s regime has for years engineered a “creeping economic strangulation” of independent media in Hungary, says journalist Zsolt Kerner of the online magazine 24.hu. The government withdrew all state advertising contracts for independent media and then pressured commercial advertisers to do the same. Today, advertising revenues only go to media loyal to the government. 24.hu survived only thanks to an economically strong and independent investor. The rest either had to close or were taken over by those connected to Orbán. This would all become illegal with the planned regulation because EU law trumps national legislation. But Kerner and his colleagues “doubt whether it will do any good in our country.” After all, the government has “many good lawyers”.

“Maybe Hungary is a bit immune now,” said Commissioner Jourová. But there, too, the government will “sooner or later feel the political impact”. An “independent European media board”, including media experts from all 27 EU states, is planned under the new regulation. While the board can decide by majority vote only on assessments without legal consequences, Jourová expects that countries “which the board certifies as restricting media freedom” will “lose their international reputation, for which most governments are very sensitive.”

This could well put pressure on the right-wing nationalists in Poland, thinks Roman Imielski, deputy head of Gazeta Wyborcza, the country’s last major independent newspaper. Prime Minister Mateusz Morawiecki’s government has also turned public television and the national news agency into “a Russian-style propaganda machine” that brands all critics as “traitors to the nation and conspirators”, Imielski said. But if Poland looks bad to the US government, for example, “that puts pressure on it”, as happened when the government tried to sell the government-critical TVN station, owned by a US group, to a Polish buyer. Under pressure from Washington, the Polish president vetoed the corresponding law in 2021.

When or even if Jourová’s grand plan actually becomes law is still unknown. After the parliamentary adoption scheduled for the beginning of October, its representatives still have to agree on a common text with the Council. As mentioned, most EU governments want to reverse the planned ban on the use of surveillance software against journalists and explicitly allow it in cases of danger “to national security”. Article six, which obliges media owners to respect “editorial freedom”, is also highly controversial. Member states, including Germany, want to weaken this provision considerably by only granting this freedom “within the editorial line” set by media owners. If successful, the law would fail at a crucial point.

“The problem is not media concentration in itself, the problem is that it gets into the wrong hands,” said Gad Lerner, a columnist at the still independent Il Fatto Quotidiano, who worked for La Repubblica until it was sold. “More and more entrepreneurs with a core business in other industries are buying newspapers, TV or radio to give visibility to the politicians on whom they depend for their real business.”

“Of course, we don’t want rich people to buy media to influence politics. But we are not here to micromanage how the newsrooms should be organised,” Jourová said, pointing to the need for civil society and journalists to help push for stronger editorial freedoms.

The Greek journalist Sofia Mandilara, who works at the state news agency, has already given a starting signal for this. With the help of the trade union, she filed a public complaint against the censorship of statements critical of the government in one of her articles and – to her surprise – was allowed to write another article on the subject. Since then, “at least they always ask me when they want to change my texts,” she said with a laugh.

This is a modified version of an article that first appeared on Investigate Europe here