The UK has responded to an official alert to the Council of Europe’s platform to protect journalism, which was filed by Index on Censorship and co-submitted by the Association of European Journalists on 25 April 2019. The alert highlights the risks to media freedom in proposals in the government’s recently released online harms white paper.
The UK response is a copy of a letter from Culture Secretary Jeremy Wright to Ian Murray of the Society of Editors, who had raised concerns that the proposals, designed to combat support for terrorism, child abuse and other harms on the internet, would also impinge on press freedom.
The letter from Jeremy Wright states that journalistic or editorial content will not be affected by the proposed regulatory framework. However, it is very difficult to see how this could be avoided.
The proposals in the white paper cover companies of all sizes (including non-profit organisations). For example, a blog and comments would be included under the remit of a proposed online content regulator.
The letter futher states that the future “ …regulator will not be responsible for policing truth and accuracy online”. However, a new legal duty of care would cover a very broad range of “harms”, for example disinformation and violent content. In combination with substantial fines and potentially even personal criminal liability for senior managers it would create a very strong incentive for platforms to remove content proactively – including news stories that might be deemed ‘harmful’ by the regulator although their contents is not illegal.
Other proposals in the white paper may also have damaging impacts on media freedom, such as potential ISP blocking (making a platform inaccessible in or from the UK). The draft provisions for ensuring protection of users’ rights online, particularly freedom of expression, rights to privacy and the public interest are now sketchy and inadequate, but they need to be robust, detailed and provided for in law.
Index and AEJ look forward to a more comprehensive UK state reply to the Council of Europe, which explains unequivocally and in concrete detail how proposals in the white paper will be made compatible with the UK’s obligations to safeguard journalism and media freedom.
[vc_row][vc_column][vc_single_image image=”104240″ img_size=”full”][vc_column_text]On 6 December 2018, Index on Censorship joined eight partner organisations of the Council of Europe’s Platform for the Protection of Journalism and Safety of Journalists to conduct a press freedom solidarity mission to Slovakia to call for full justice in the case of assassinated journalist Ján Kuciak and his fiancée, Martina Kušnírová, who were murdered on 21 February 2018.
The delegation – from the Association of European Journalists (AEJ), the Committee to Protect Journalists (CPJ), the European Federation of Journalists (EFJ), Free Press Unlimited, Index on Censorship, International News Safety Institute (INSI), International Press Institute (IPI), PEN International, Rory Peck Trust, along with representatives from the Council of Europe’s Platform for the promotion of journalism and the safety of Journalists – met with officials of the Interior Ministry and the Presidium of the Police Force to monitor the progress of the investigation into the assassination.
The delegation welcomed the arrest of four individuals in relation to the assassination but stressed the urgent need for all those who commissioned the assassination to be brought to justice. Authorities assured that the investigators are “rigorously pursuing all lines of inquiry to establish who ordered the assassination.”The delegation notes that personnel changes within the police in the aftermath of the assassination are widely seen in Slovakia as having strengthened the investigation.
The delegation asked for clarification from the authorities as to why an assessment was made that the threats which Ján Kuciak reported to the police prior to his assassination were not considered serious enough to warrant an investigation. The delegation stressed that unless systematic changes – at a legal and policy level – are introduced which ensure the safety of journalists and their sources, journalists in Slovakia will continue to be vulnerable. The delegation urged that current, internal discussions within the Ministry of Culture on legislation relating to the press should lead to measures that materially strengthen the legal framework for the protection of journalists.
The delegation also raised serious concern about recent remarks made by former Prime Minister Robert Fico in November 2018 in which he said in Slovak that journalists should be “hit… very hard.” Such anti-media rhetoric from those in high office is particularly alarming in the aftermath of the assassination of an investigative journalist, and partners regard such language from a leading politician as unacceptable. Of further concern was the forced confiscation by police on 16 May 2018 of the phone of Pavla Holcová, a Czech journalist who worked with Ján Kuciak, [2]
The delegation also visited the office of Aktuality.sk to learn more about the climate for press freedom and the safety of journalists in Slovakia following Kuciak’s assassination. Peter Bárdy, editor of Aktuality, said that while prior to Kuciak’s assassination “investigative journalists felt invincible, now we are much more cautious.” Finally, the delegation laid tributes at the memorial for Kuciak and Kušnírová in central Bratislava.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1544455964701-0e98b920-6b51-5″ taxonomies=”6564, 8996″][/vc_column][/vc_row]
The President of the European Council
Donald Tusk
General Secretariat of the Council of the European Union
Rue de la Loi/Wetstraat 175
B-1048 Bruxelles/Brussel
Belgique/België
CC:
Federica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy
Stavros Lambrinidis, EU Special Representative for Human Rights
Elmar Brok, Chair of the European Parliament Committee on Foreign Affairs
Johannes Hahn, Commissioner for European Neighbourhood Policy and Enlargement Negotiations
Martin Schulz, President of the European Parliament
Dear President Tusk,
We, the undersigned press freedom and media organisations, are writing ahead of the upcoming meeting between EU leaders and Ahmet Davutoğlu, Prime Minister of Turkey, to express our concern over the collapse of media freedom in Turkey.
In the past six months, we have recorded 50 incidents in clear breach of international standards with regards to media freedom and pluralism in the country.[1] These violations include the recent government takeovers of the Feza media group and the Koza İpek Group; the prosecution and jailing of daily Cumhuriyet editor-in-chief Can Dündar and Ankara bureau chief Erdem Gül on politically motivated charges of terrorism, espionage and revealing classified information; the police raids of Bugün TV; the assault of journalist Ahmet Hakan; and the blocking of Dicle News Agency’s website.
Many of these violations took place against the backdrop of the migration and refugee crisis or are related to reporting on sensitive issues such as the banned Kurdistan Workers’ Party (PKK) or Turkey’s security operations in the south. Hence we believe the Council has the mandate to address these violations during the specific working session on EU-Turkey cooperation.
This mandate stems from the Council’s commitment to the rights to freedom of expression including freedom of the press, which was reaffirmed when adopting the EU Human Rights Guidelines on “freedom of expression online and offline” on 12 May 2014.[2] By doing so, the Council pledged that “through its external policy instruments, the EU intends to help address and prevent violations of these rights in a timely, consistent and coherent manner.”
The guidelines also state that “all appropriate EU external financial instruments should be used to further protect and promote freedom of opinion and expression online as well as offline.”
While we welcome the fact that you discussed the situation of the media in Turkey with Prime Minister Davutoğlu last week, we believe the EU must not reach a deal without a specific conditionality clause that requires Turkey to improve the environment for freedom of expression and freedom of the media.
When meeting Prime Minister Davutoğlu on 18 March 2016, you have the unique opportunity to not only discuss the press freedom situation in Turkey, but to bring forth concrete measures that Turkey ought to take in order to start reversing its unrelenting crackdown on the media. Without taking these measures Ankara cannot and must not be considered a trustful strategic partner for the European Union. Specifically, we ask that you make any EU-Turkey agreement conditional on the release of the more than dozen journalists currently jailed for their work;[3] the immediate return of the media outlets belonging to the Feza and Koza İpek groups to their rightful owners and editorial boards; and the abandonment of Turkey’s official practice of using vague anti-terror laws to equate press coverage with criminal activity.
At a time when the very essence of the European Union is questioned, it is critical to show unity and coherence over one of its core foundations: human rights, and in particular freedom of opinion and expression, which are fundamental elements of democracy.
Yours sincerely,
Jodie Ginsberg, Chief Executive, Index on Censorship
David Diaz-Jogeix, Director of Programmes, Article 19
William Horsley, Vice President and Media Freedom Representative, Association of European Journalists
Nina Ognianova, Europe and Central Asia Program Coordinator, Committee to Protect Journalists
Jo Glanville, Director, English Pen
Mogens Blicher Bjerregård, President, European Federation of Journalists
Barbara Trionfi, Executive Director, International Press Institute
Carles Torner, Executive Director, PEN International
Christophe Deloire, Executive Director, Reporters Without Borders
Deborah Bonetti, President, Foreign Press Association in London
