16 Oct 22 | Greece, Malta, Netherlands, News and features, Northern Ireland, Slovakia
It shouldn’t have taken a murder. Surely it didn’t need a car bomb in a quiet Maltese town. Daphne Caruana Galizia did not need to die for Europe and the rest of the world to take notice of media freedom’s precarious foundations. But to our shame, it did.
Five years ago today, Daphne was murdered by a car bomb that exploded when she was moments from her front door. But the car bomb was only the mechanism by which she was silenced. Daphne was murdered by the opaque but powerful forces that first encourage, before demanding and eventually forcing silence. But she was never rendered mute, even now.
In the years that have followed, Europe has wrestled both with her legacy – what her investigations revealed – as well as the legacy of her killing – what her murder revealed. In the aftermath of similar killings in Northern Ireland (Lyra McKee), Slovakia (Ján Kuciak and Martina Kušnírová), Greece (Giorgos Karaivaz) and the Netherlands (Peter R. de Vries), as well as increased attention on the use of strategic lawsuits against public participation (SLAPPs), Europe has been forced to address an uncomfortable reality: journalists are at risk all across the continent. And so, by extension, is European democracy.
This is the dark light that bathes Europe, a light emanating from the brutal collapse of the rule of law but also a light that can illuminate what is broken. In the five years that have passed since her death, Daphne’s family have had to fight for every inch to demand both justice for Daphne and accountability for Malta. Whether this was to demand a public inquiry, pressing for progress in the criminal investigation, and putting SLAPPs on the European agenda, the rage, sadness and fury has fuelled a reckoning that has helped bring forward a proposed European Commission directive on SLAPPs, a Europe-wide coalition of organisations fighting to upend this form of lawfare, as well as similar movements at a national level.
In the UK, spurred on by Russia’s unlawful invasion of Ukraine, the UK Government announced in July 2022 an anti-SLAPP mechanism that could limit how UK courts are abused to silence critical speech. As we wait to see what happens – especially after the change in Prime Minister and her cabinet – we hope we are at the threshold of something significant. It is important to remember that a number of the libel threats against Daphne were deployed with the aid of London-based legal expertise – SLAPPs cannot be confined within national borders.
But we must return to Malta to remind ourselves of the pitfalls. Recently announced reforms aimed at protecting journalism, including much-vaunted anti-SLAPP protections, have had to be hurriedly frozen by the Prime Minister after being widely derided as inadequate, both in terms of content, falling far short of the proposed EC Directive, and process. The Institute of Maltese Journalists (IGM) had threatened to step away from the Committee of Experts unless “meaningful” consultation takes place. This was echoed by both the International and European Federations of Journalists (IFJ and EFJ) who have joined the call for the legislation to be withdrawn, as reported in Maltese outlet, NewsBook: “no proposal on media legislative reform should be submitted to the parliament without a transparent public consultation. This is all the more crucial in a country where a state holds some form of responsibility for the killing of a journalist.” While appearing to be fuelled by a desire to be the first EU nation to bring forward national legislation responding to SLAPPs, a grimy sense of competitive haste has seemingly triumphed over a commitment to genuine and meaningful protections.
Today, vigils remembering Daphne’s legacy – her life, her writing, and her commitment to the public’s right to know – are taking place across Europe, in London, Valletta, Brussels and Edinburgh to name a few. But wherever we are, we must ensure that by remembering Daphne’s life, we are reminded of our commitment to protect journalists against vexatious legal threats, physical attacks and every act that isolates, demonises or targets them.
Progress is slow and halting and will not proceed from one point to the next without obstruction – Malta’s current reform process is testament to that – however, the greatest way we can honour Daphne is by moving with purpose to ensure what happened to her cannot happen to another journalist. The dark light has illuminated what needs to change and the urgency with which it must change. It should not have taken the murder of a journalist for this to happen and we must not forget the darkness that sparked this push for greater protections, a darkness that robbed a family of the private space in which to mourn, but we must follow where the light leads. For in Daphne’s words, “There are crooks everywhere you look. The situation is desperate.
08 Aug 22 | News and features, Statements
Valetta city centre, Malta. Photo: Koby/Unsplash
We, the undersigned free expression, press freedom, and journalists’ organisations, express support for The Shift News as it faces an all-out legal battle against 40 freedom of information (FOI) lawsuits brought by 40 government entities in Malta. These appeal lawsuits pose a serious threat to the country’s already worrying freedom of information and press freedom climate. We call for these cases to be immediately dropped and for the government of Malta to fully comply with its FOI obligations going forward.
In July 2021, Malta’s Data Protection Commissioner ruled in favour of 40 FOI requests filed by independent media outlet The Shift News as part of an investigation into relations between Media Today co-owner Saviour Balzan and government entities. The Shift specifically asked for a list of all contracts and payments between companies owned by Balzan and governmental bodies, in light of the public interest need for transparency in relations between independent media and government in a troubling media landscape dominated by political party ownership.
Each of the government entities lodged identical appeals against the Data Protection Commissioner’s decisions. Eventually, all 40 decisions were appealed, naming The Shift News founder and editor Caroline Muscat, who had submitted the FOI requests. The Appeals Tribunal has so far issued 12 rulings, all in favour of The Shift and the Data Protection Commissioner. These 40 governmental bodies are now pursuing a second round of appeals against these decisions, opening up another front in an already costly legal battle.
These vexatious lawsuits seem intended not to win, but to exhaust The Shift’s time and resources, and divert the outlet’s ability to pursue public interest reporting, while also sending a clear signal to others that the Maltese government will fight media attempts to obtain information under the FOI law. Our organisations condemn these legal proceedings aimed at weakening Malta’s independent press, and call for them to be immediately dropped. The Maltese government must instead comply with its FOI obligations, and take immediate steps to improve freedom of information and press freedom in the country.
The Shift has launched a crowdfunding campaign to help cover the high costs associated with fighting this legal battle, which can be supported by following this link.
Signed :
Reporters Without Borders (RSF)
ARTICLE 19 Europe
Association of European Journalists
Committee to Protect Journalists
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
IFEX
Index on Censorship
International Press Institute (IPI)
OBC Transeuropa (OBCT)
PEN International
29 Apr 22 | China, Media Freedom, News and features, Russia, Ukraine
Physical attacks on journalists have increased dramatically over the past year, according to the latest annual report from the Council of Europe Platform on media freedom in Europe.
The platform, of which Index on Censorship is a partner, reports on serious threats to the safety of journalists and media freedom in Europe in order to reinforce the Council of Europe’s response to the threats and member states’ accountability.
The new report, Defending Press Freedom in Times of Tension and Conflict, reveals that the number of cases involving the safety and physical integrity of journalists has jumped by 51% year-on-year, with 82 cases reported to the platform.
Many of the attacks on journalists have taken place during public protests.
“Violence against journalists during street protests is fed by a wave of media bashing and an avalanche of hate speech on social networks – very often prompted by political figures – which directly target journalists, questioning their independence and legitimacy and therefore making them more vulnerable to physical aggression,” the report says.
Overall, the number of alerts in all categories published by the CoE platform has sky-rocketed to 280 in 2021, up from around 200 in 2020 and more than double the level reported in 2016. Of the 280 alerts, 110 related to the harassment and intimidation of journalists.
Index’s policy and campaigns manager Jessica Ní Mhainín
Speaking at the launch of the report, Index’s policy and campaigns manager Jessica Ní Mhainín highlighted cases of impunity in CoE’s report.
“Impunity for crimes against journalists refer to failure of states to identify, prosecute and punish anyone including the assailants and masterminds involved in committing a crime against a journalist,” she said. “Cultures of impunity contribute to self-censorship by making journalists more vulnerable to pressures out of fear of reprisals or harm.”
Some 35 cases of impunity have been registered on the platform since 2015 and two new impunity cases – those of Turkish journalist Uğur Mumcu, murdered in 1993, and Turkish-Cypriot journalist Kutlu Adalı, murdered in Cyprus in 1996 – were added to the impunity category during the year.
“In 2021, we welcomed the Slovak Supreme Court’s decision to overturn the not-guilty verdicts of the suspected masterminds of the 2018 murder of journalist Ján Kuciak and his fiancée Martina Kušnírová. The case will be heard in the Specialized Criminal Court later this year,” said Ní Mhainín.
Last year also saw the publication of a 438 page-report from the public inquiry into the assassination of investigative journalist Daphne Caruana Galizia, which concluded that the state of Malta “must bear responsibility for the assassination because it created an atmosphere of impunity”.
“We once again call on the Maltese authorities and the Commission of Experts to implement the recommendations of the Public Inquiry,” said Ní Mhainín.
Russia, Turkey and Ukraine account for 60% of all the cases relating to impunity on the platform. Last October marked the 15th anniversary of Russian journalist Anna Politkovskaya’s murder.
Ní Mhainín said, “The masterminds of her murder are still at large, sending the incredibly dangerous message that killing a journalist is a low-risk crime.”
Yet impunity is not restricted to these countries.
A BBC Spotlight investigation has uncovered serious concerns over the police investigation and the failure to prosecute those behind the murder of Irish journalist Martin O’Hagan, who was killed in September 2001 for his reporting on paramilitary activities in Northern Ireland. The concerns raised in the programme, which aired on 2 March 2022, came in the wake of several Police Ombudsman reports that uncovered collusive behaviour between the police and loyalists in Northern Ireland. According to the BBC’s investigation, police did not act on important information – including individual names – that were handed over to them within 48 hours of the murder. The journalist’s family are now taking legal action against the Police Service of Northern Ireland (PSNI) and the Ministry of Defence.
“Press freedom is the canary in the coal mine – it is a key indicator of the clear and worrying degree of democratic backsliding that is taking place across Europe,” said Ní Mhainín. “That’s why we once again call on Council of Europe member states to ensure that the highest priority is given to conducting thorough and transparent investigations into all crimes against journalists and we remind member states of the 2016 Recommendation of the Committee of Ministers which requires states ‘adopt appropriate criminal law provisions to prevent impunity’”
16 Oct 21 | Legal action against journalists, Malta, Media Freedom, News and features, Slapps
[vc_row][vc_column][vc_single_image image=”117699″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]The following remarks were made by Caoilfhionn Gallagher, QC of Doughty Street Chambers, a member of the international legal team for the family of Daphne Caruana Galizia at a vigil on Friday 15 October 2021 at the Maltese High Commission to mark the fourth anniversary of Daphne’s assassination.
“We gather today in London to pay tribute to Daphne Caruana Galizia and honour her memory, and to stand in solidarity with her bereaved family in Malta. On this, the fourth anniversary of her assassination, I wish to say four things.
“First, it is now ten weeks since the independent public inquiry in Malta published its detailed 437-page report, finding that the Maltese State should shoulder responsibility for her death. The damning report concluded that a culture of impunity was created from the highest echelons of power within the Castille. Former Prime Minister Joseph Muscat was singled out and identified as enabling this culture of impunity, and his entire cabinet was found to be collectively responsible for their inaction in the lead up to the assassination.
“The State, the report held, ‘created an atmosphere of impunity, generated from the highest echelons of the administration inside Castille, the tentacles of which then spread to other institutions, such as the police and regulatory authorities, leading to a collapse in the rule of law.’ The report laid bare endemic corruption and fundamental structural failures, the very subjects of Daphne’s reporting.
“The Government created a ‘favourable climate’ for anyone seeking to eliminate Daphne to do so with the minimum of consequences, giving a green light to her being treated as a target. The State also failed to recognise the real and immediate risks to Daphne’s life, and failed to take reasonable steps to avoid those risks. And a myriad of other systemic failings were identified which failed Daphne, failed her family, failed journalists, and failed the Maltese people.
“And yet, 10 weeks on, we remain without a meaningful response to that report by the Maltese Government. The Government has not even released an English translation of the 437-page report – what translations you have heard or read have been provided by the bereaved family and their lawyers, not the State. Even this basic step, to commit to transparency and enable the international community to understand what happened and hold Malta to account, has not been taken.
“Second, it is now four years since Daphne was brutally murdered, in an assassination which sent shockwaves across Europe. Daphne was a brilliant, brave, dogged investigative journalist, who honed her craft over decades, often sitting at her kitchen table where she spent her last few hours with her son Matthew.
“She was isolated in those final months and years, facing multiple oppressive law suits, threats of financial ruin, abuse on the street and online, dehumanising and misogynistic images circulating. And yet, there has still been no unequivocal acceptance of the horrors that she faced, let alone an unequivocal apology for it, from Malta.
“Third, I ask what should Malta now do? Daphne’s assassination followed decades of abuse. It occurred within a climate of impunity and negative rhetoric directed against Daphne and other journalists in Malta. Today, her family calls upon the Government of Malta to unequivocally condemn the climate of impunity and negative rhetoric identified by the public inquiry, which dehumanised her and fuelled her murder.
“There must be root and branch political and legislative reform.
“And above all, Daphne’s family must have meaningful involvement in what comes next. The family counts on the Prime Minister to consult with them and civil society on the foundational principles for the independent committee of experts due to be appointed following the inquiry report, and on Terms of Reference to implement those principles. This consultation process is an essential first step before the proposed roles of committee members are formulated.
“Fourth, I ask what should the international community now do? It is fitting that we are standing here in central London. Many of those threatening legal letters which bombarded Daphne in the final months and years of her life came from London law firms. Whilst that climate of impunity festered in Malta, the world stood idly by. The UK and other countries across Europe ignored what was happening under their noses, and left Daphne to her fate.
“On 6 October 2017, weeks before her death, Daphne wrote on her blog, ‘in journalism, as in many areas in life, you sometimes find the back-up you need a little too late.’ Well, one week ago the Nobel Peace Prize was awarded to two investigative journalists, one of whom, Maria Ressa, I am honoured to represent. The Norwegian Nobel Committee recognised their efforts to safeguard freedom of expression, ‘a precondition for democracy and lasting peace.’
“The awarding of the Nobel Peace Prize to journalists is a welcome recognition of the bravery of journalists doing what Daphne Caruana Galizia did so brilliantly – holding the powerful and the corrupt to account. This is important back-up from the international community, albeit far too late for Daphne. In the decades leading up to her assassination, the world failed to act. They failed to act in 2017. Four years on, it is long past time for other States who clam to believe in the importance of freedom of expression – the UK, Council of Europe Member States, EU Member States, every single country which has signed up to the Media Freedom Coalition – to act. They failed Daphne then. Now, they must hold Malta to account and ensure the change Daphne’s family and Malta need and deserve comes to pass.”
The vigil for Daphne was co-sponsored by the Maltese community in London, ARTICLE 19, the Association of European Journalists, the Commonwealth Journalists Association, Index on Censorship, PEN International, Reporters Without Borders, and Transparency International-UK.
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