06 May 16 | Belarus, Europe and Central Asia, Macedonia, Mapping Media Freedom, News and features, Russia, Turkey, Ukraine
April 2016 was the busiest month for Index on Censorship’s Mapping Media Freedom since the project began in May 2014, with a total of 87 violations against the media recorded. While MMF records violations from over 40 countries, the majority (55%) of last month’s violations came from just five countries.
These hotspots for attacks on the media will come as no surprise to anyone following the project in recent months.
Turkey continues to be the worst offender
With 16 violations recorded within its borders in April, Turkey is again the location with the most offences.
One of the most worrying occurrences last month was on 28 April when journalists Ceyda Karan and Hikment Chetinkaya, who work for Turkish daily Cumhuriyet, were sentenced to two years in prison for publishing the cover of Charlie Hebdo magazine featuring an image of prophet Muhammad. The pair were convicted of inciting “hatred and enmity”.
In another instance, on 30 April, Hamza Aktan, news director of private Istanbul-based IMC TV, was arrested by anti-terror police. Aktan was escorted to the police station where he was interrogated for 12 hours and then released. The editor is being accused of spreading propaganda for a terrorist organisation and trying to build public opinion abroad against interests of Turkey for four public tweets.
UPDATE: Government-seized Zaman and Cihan forced to close
Index on Censorship’s latest quarterly report includes a case study on an Istanbul court appointing a group of trustees to take over the management of Zaman newspaper. Since the report, it has been announced that Zaman and Cihan News Agency, also government-seized,
are to be permanently closed on 15 May. The decision comes the day after the European Commission recommendation of granting Turkey visa-free travel to the EU.
Russia: Big business throws its weight around
As the Panama Papers showed in April, investigative journalism is essential if misconduct and abuse by big business are to come to light. This makes a recent trend in Russia all the more worrying.
A total of 12 reports were filed in Russia last month, three of which related to journalists investigating business. On 12 April, when covering truckers protesting against the “illegal” actions of Omega, journalist Anton Siliverstov’s phone was stolen by Evgeni Rutkovski the director of the transport company. When he asked Rutkovski to comment on the protest, Siliverstov was forced from the office. The journalist said he would record the incident on his phone, at which point Rutkovski snatched the journalist’s device, refused to give it back and called security. Siliverstov hasn’t seen the phone since.
Two days later, reporter Igor Dovidovich was assaulted by the head of Gaz-Service, a gas company he was investigating. His TV crew was also attacked by the firm’s employees.
The month ened with state oil company Rosneft filing a judicial complaint against BiznessPress for an article which, the firm said, is “false and represents baseless fantasies of journalists or their so-called sources”.
Ukraine: TV journalists in the firing line
Ukraine continues to be unsafe for many media workers, with nine reports submitted to the project in April. Violations included five cases of intimidation, two attacks to property and several physical assaults. On 1 April, unidentified assailants set a local TV studio on fire with molotov cocktails. Studio equipment and furniture were destroyed. No one was injured.
Three days later, claims emerged that journalists working for TV channel 1+1 were under surveillance, have received death threats and have been assaulted. Later in the month, journalists from the station were attacked on 19 and 20 April.
Belarus: Journalism as a crime
Journalism is not a crime, but you’d be excused for thinking otherwise when observing recent events in Belarus. Seven reports were filed for Belarus last month, including two criminal charges resulting in fines, three arrests, and one journalist interrogated for doing his job.
On 15 April, freelance journalists were fined approximately €330 each for contributing to Polish TV channel. Kastus Zhukousky and Larysa Schyrakova were found guilty of illegal production and distribution of media products and for contributing to a foreign media outlet without accreditation.
Zhukouski has been fined seven times this year alone.
Macedonia: Anti-government protests turn sour
Six reports were submitted from Macedonia during April. The most worrying instances involved attacks to property (2) and a physical assault, leading to an injury.
April saw a wave of anti-government protests with thousands marching, mainly peacefully, through the capital city of Skopje. On 13 April four photographers and one journalist were injured by police during the anti-government demonstration. Two TV journalists were also injured by demonstrators on the day. On 14 April the offices of the Slobodna Makedonija radio station were pelted with stones by some anti-government demonstrators, causing the windows to break and other material damages.
Mapping Media Freedom Quarterly Report
Index on Censorship has released its report for the first quarter of 2016 covering 1 January and 31 March 2016. During this time: Four journalists were killed; 43 incidents of physical assault were confirmed; and there were 87 verified reports of intimidation, which includes psychological abuse, sexual harassment, trolling/cyberbullying and defamation. Media professionals were detained in 27 incidents; 37 criminal charges and civil lawsuits were filed; and media professionals were blocked from covering a story in 62 verified incidents.
“Conflict in Turkey and eastern Ukraine along with the misuse of a broad range of legislation — from limiting public broadcasters to prosecuting journalists as terrorists — have had a negative effect on press freedom across the continent,” Hannah Machlin, Mapping Media Freedom project officer, said.
18 Jan 16 | Belarus, Europe and Central Asia, Mapping Media Freedom, mobile, News and features
Andrei Bastunets, chairperson of the Belarusian Association of Journalists (Belarusian Association of Journalists)
Belarusian authorities were busy in 2015: the government introduced new laws aimed at restricting media outlets and distributors; freelance journalists contributing to foreign media outlets found themselves facing prosecution; and websites publishing material that “may harm the national interests of the Republic of Belarus” were extrajudicially blocked.
President Aleksandr Lukashenko may have won his fifth consecutive election on 11 October, but this also raised concerns. Observers noted the electoral process failed to meet certain international standards, including equal media access for candidates, highlighting the pressure media workers find themselves under to comply with tightening government control.
Andrei Bastunets, chairperson of the Belarusian Association of Journalists, spoke to Mapping Media Freedom Volha Siakhovich about the country’s freedom of expression climate.
Volha Siakhovich: How would you describe the situation with media freedom in Belarus in 2015?
Andrei Bastunets: Press freedom has never been easy in Belarus. The country has been ranked 157th out in 180 countries in the World Press Freedom Index by Reporters Without Borders for some years, which is the worst position among all European countries. We can also see the deterioration of the situation with press freedom and freedom of expression as a whole at the systemic level, with the further tightening of the legal framework for activities of the media set forth by new amendments to the Law on Mass Media came into force from the beginning of 2015. They had been adopted by the Belarusian parliament unexpectedly in December 2014 without any public discussion.
Why were the amendments made?
Andrei Bastunets: The Belarusian authorities are always in keeping with the trend of stifling freedom of speech through legal restrictions. The current authorities’ actions against the media are related to the 2015 presidential election campaign and economic crises in Belarus. These circumstances have provoked the tightening of state control over the media field. It affected traditional media, the web and the distribution of print outlets. Before the election, all media had been subjected to more strict limitations.
What problems are associated with state control over the distribution of media?
Andrei Bastunets: In accordance with new legal provisions all media outlets distributors (except for editorial boards) have been obliged to submit to the ministry of information the required information for their incorporation into the State Register until 1 July 2015. Any non-registered distributors’ activity is considered illegal. The ministry of information has various penalty tools that can be applied in relation to media distributors, including the banning of their activity. The distributors are now in fact forced to monitor the content of the distributed media under threat of sanctions. That may lead to the hidden censorship.
Several independent outlets that used to sell the major part of their print-runs through different trade companies and entrepreneurs have faced a reduction in sales since a significant part of press distributors have not agreed to apply to the ministry of information of Belarus for a special permit. At the same time, the “Belposhta” and “Sayuzdruk — state-owned monopolist press distributors — continue to discriminate against Belarusian independent media refusing to co-operate with them.
What negative consequences have followed the changes to the legal regulation regarding the web?
Andrei Bastunets: There is an active interference by the ministry of information of Belarus into the web, which has remained the freest segment in the Belarusian media space. According to the adopted amendments to the Law on Mass Media and provisions of presidential decree No.6 of 28 December 2014 On Urgent Actions to Counteract Illegal Drug Trafficking, which came into force at the beginning of 2015, the ministry of information was authorised to block access to websites extrajudicially for publishing information prohibited by law. It particularly includes the information, which ‘may harm the national interests of the Republic of Belarus’. Now owners of websites are obliged to monitor their web contents including comments of users.
Any state agency can contribute to the formation of a “black list” of websites. It is enough to inform the ministry of information that, in its opinion, a website violates the law. It is important to note that the process has been completely removed from the judicial sphere and has been assigned to the state agencies and the ministry of information. A procedure for judicial review of such decisions is not provided.
Not only are websites to be blocked, but blogs as well. It is a mechanism of a manifestly repressive character and it does not agree with the principles of freedom of expression. In addition, this mechanism is in the hands of the authorities who do not respect these basic principles. Now it is clear that there are no possibilities to appeal against their decisions in fact besides applications to the authorities themselves.
On 18 June 2015, the ministry of information used its power and blocked access to the website KYKY.org. As it was stated in the ministerial report, some KYKY online publications “contained derogatory statements concerning the Belarusian Victory Day public holiday, as well as the citizens of the country who celebrated it, thus… calling in question the significance of this event for the state and distorting the historical truth about the Great Patriotic War”. The editorial staff had to remove all publications that the ministerial officers disliked in order to get back online.
What were the main restrictions to media freedom facing Belarusian journalists last year?
Andrei Bastunets: We witnessed intensified persecution of freelance journalists contributing for foreign media, detentions of journalists by police, interference of the ministry of information in the work of media and the blocking of access to information for journalists. The situation remained highly unfavorable, and the intensification of pressure on journalists and media was recorded during in the course of the presidential election in Belarus in October 2015.
Although no new criminal cases were brought against journalist in 2015, Belarusian journalist Aliaksandr Alesin remains a suspect in an espionage case which has been going on since 25 November 2014, when he was first detained. Alesin is a military expert and a columnist of the weekly Belarusians and Market. At first, the journalist was charged with treason and co-operation with foreign secret services or intelligence agencies. The charge of treason was withdrawn and he was freed, but he still stands accused of co-operation with foreign intelligence services.
The reduction in the detention of journalists is a welcome trend. In 2014, 29 journalists were detained and 10 legal cases were brought under the Code of Administrative Offences. In 2015, the number of detentions dropped to 13, while 28 cases were brought under the code.
In your opinion, why do the Belarusian authorities chase freelancers co-operating with foreign media?
Andrei Bastunets: Prosecution of freelance journalists cooperating with foreign media started in 2014 was continuing in 2015. During 2015, Belarusian freelance journalists have been fined 28 times under Art. 22.9 of the Code of Administrative Offences for “illegal making and distributing mass media productions”. As before, the authorities repressed the independent media workers for the mere fact of publication of their pieces in foreign media. I believe, this is explained by the desire of the Belarusian authorities to restrict the influence of foreign media as the important independent sources of information in the conditions of the lack of independent audiovisual media in Belarus. All the fined freelance journalists worked for foreign radios or TV channels broadcasting for Belarus in Belarusian of Russian languages. As the Belarusian authorities are not able to control these media, they aim to control Belarusian citizens contributing to them.
The prosecution of freelance journalists dramatically intensified at the beginning of summer 2015. At the beginning of August 2015, after the president’s promise to look into the problem during his interview to journalists of independent media, initiating such cases was stopped. However, there were no legal guarantees that the situation would not repeat after the presidential election. And in December policemen in the Gomel region drew up three reports for cooperation with foreign media. Now we are expecting that the reports will be sent to the court.
What are the current main challenges with the Belarusian Association of Journalists?
Andrei Bastunets: As always, the challenges of Belarusian Association of Journalists are the protection of journalistic freedom and free speech values through interaction with state bodies, legal assistance and international advocacy.
08 Jan 16 | Belarus, Greece, Hungary, Italy, Lithuania, Macedonia, Mapping Media Freedom, News and features, Poland, Portugal, Serbia, Turkey
The attacks on the offices of satirical magazine Charlie Hebdo in Paris in January set the tone for conditions for media professionals in 2015. Throughout the year, Index on Censorship’s Mapping Media Freedom correspondents verified a total of 745 violations of media freedom across Europe.
From the murders of journalists in Russia, Poland and Turkey to the growing threat posed by far-right extremists in Germany and government interference in Hungary — right down to the increasingly harsh legal measures imposed on reporters right across the continent — Mapping Media Freedom exposed many difficulties media workers face in simply doing their jobs.
“Last year was a tumultuous one for press freedom; from the attacks at Charlie Hebdo to the refugee crisis-related aggressions, Index observed many threats to the media across Europe,” said Hannah Machlin, Index on Censorship’s project officer for the Mapping Media Freedom project. “To highlight the important cases and trends of the year, we’ve asked our correspondents, who have been carefully monitoring the region, to discuss one violation each that stood out to them.”
Belarus / 19 verified reports between May-Dec 2015
Journalist blocked from shooting entrance to polling station
“It demonstrates the Belarusian authorities’ attitude to media as well as ‘transparency’ of the presidential election – the most important event in the current year.” — Ольга К.-Сехович
Greece / 15 verified reports in 2015
Four journalists detained and blocked from covering refugee operation
“This is important because it is typical ‘attempt to limit press freedom’, as the Union wrote in a statement and it is not very hopeful for the future. The way refugees and migrants are treated is very sensitive and media should not be prevented from covering this issue.” — Christina Vasilaki
Hungary / 57 verified reports in 2015
Serbian camera crew beaten by border police
“These physical attacks, the harsh treatment and detention of journalists are striking because the Hungarian government usually uses ‘soft censorship’ to control media and journalists, they rarely use brute force.” — Zoltan Sipos
Italy / 72 verified reports in 2015
Italian journalists face up to eight years in prison for corruption investigation
“I chose it because this case is really serious: the journalists Emiliano Fittipaldi and Gianluigi Nuzzi are facing up to eight years in prison for publishing books on corruption in the Vatican. This case could have a chilling effect on press freedom. It is really important that journalists investigate and they must be free to do that.” — Rossella Ricchiuti
Lithuania / 9 verified reports in 2015
Journalist repeatedly harassed and pushed out of local area
“I chose it because I found it relevant to my personal experience and the fellow journalist has been the only one to have responded to my hundreds of e-mails — including requests to fellow Lithuanian journalists to share their personal experience on media freedom.” — Linas Jegelevicius
Macedonia / 27 verified reports in 2015
Journalist publicly assaults another journalist
“I have chosen this incident because it best describes the recent trend not only in Macedonia and my other three designated countries, Croatia, Bosnia and Montenegro, but also in the whole region. And that is polarization among journalists, more and more verbal and, like in this unique case, physical assaults among colleagues. It best describes the ongoing trend where journalists are not united in safeguarding public interest but are nothing more than a tool in the hands of political and financial elites. It describes the division between pro-opposition and pro-government journalists. It is a clear example of absolute deviation from the journalistic ethic.” — Ilcho Cvetanoski
Poland / 11 verified reports in 2015
Law on public service broadcasting removes independence guarantees
“The new media law, which was passed through Poland`s two-chamber parliament in the last week of December, constitutes a severe threat to pluralism of opinions in Poland, as it is aimed at streamlining public media along the lines of the PiS party that holds the overall majority. The law is currently only awaiting president Duda’s signature, who is a close PiS ally.” — Martha Otwinowski
Portugal / 9 verified reports in 2015
Two-thirds of newspaper employees will be laid off
“It’s a clear picture of the media in Portugal, which depends on investors who show no interest in a healthy, well-informed democracy, but rather in how owning a newspaper can help them achieve their goals — and when these are not met they don’t hesitate to jump boat, leaving hundreds unemployed.” — João de Almeida Dias
Russia / 37 verified reports between May-Dec 2015
Media freedom NGO recognised as foreign agent, faces closure
“The most important trend of the 2015 in Russia is the continuing pressure over the civil society. More than 100 Russian civil rights advocacy NGOs were recognized as organisations acting as foreign agents which leads to double control and reporting, to intimidation and insulting of activists, e.g., by the state-owned media. Many of them faced large fines and were forced to closure.” — Andrey Kalikh
Russia / 37 verified reports between May-Dec 2015
TV2 loses counter claim to renew broadcasting license Roskomnadzor
“It illustrates the crackdown on independent local media, which can not fight against the state officials even if they have support from the audience and professional community.” — Ekaterina Buchneva
Serbia / 41 verified reports in 2015
Investigative journalist severely beaten with metal bars
“It’s a disgrace and a flash-back to Serbia’s dark past that a journalist, who’s well known for investigating high-level corruption, get’s beaten up with metal bars late at night by ‘unknown men’.” — Mitra Nazar
Turkey / 97 verified reports in 2015
Police storm offices of Koza İpek, interrupting broadcast
“The raid on Bugün and Kanaltürk’s offices just days ahead of parliamentary elections was a drastic example — broadcasts were cut by police and around 100 journalists ended up losing their jobs over the next month — of how the current Turkish government tries to strong-arm media organisations.” — Catherine Stupp
Mapping Media Freedom
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/
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08 Dec 15 | Belarus, Mapping Media Freedom, mobile, News and features
Credit: Shutterstock / Fedor Selivanov
Miklos Haraszti, the UN Special Rapporteur on Human Rights in Belarus, has called for reforms to the country’s laws and practices that for two decades have stifled freedom of expression.
“Critical opinion and fact-finding are curtailed by the criminalisation of content that is deemed ‘harmful for the State’; by criminal defamation and insult laws that protect public officers and the president, in particular, from public scrutiny; and by ‘extremism’ laws that ban reporting on political or societal conflicts,” Haraszti said in a 6 November statement.
Belarus anti-extremism law came into force in 2007. According to Article 14 of the Law On Countering Extremism, it is prohibited to publish and or disseminate extremist materials, even through the media. Information products propagandising extremist activities can be seized by the decision of state security services, law enforcement agencies, prosecutor’s office or courts. If deemed extremist, the court can order the materials be destroyed.
The threat for free speech lies in the broad definitions of “extremist activities” and “extremist materials”. Under Belarusian law, extremist activities include “degrading of national honor and dignity”. Such provisions are contrary to international standards of freedom of expression.
“Unfortunately, this is one of the indicators of the current legislation of Belarus – the absolute vagueness of definitions and the absolute possibility of law enforcement to interpret them as they want,” Andrey Bastunets, chairperson of Belarusian Association of Journalists, said.
Critical materials regarded as extremist can end up banned. In 2011, the Ministry of Information issued a warning to Autoradio for broadcasting a message “containing calls for extremist activities”. The warning concerned a phrase by Andrei Sannikau, candidate for the presidency in 2010, that “the fate of the country is solved in the square, not in the kitchen”. The Supreme Economic Court and the National Commission on Broadcasting upheld the warning and the radio was stripped of its frequency.
The law has led to frequent seizures of imported printed material and videos by Belarusian customs offices. Usually, the seized materials are examined to determine if the items are extremist, but it is unclear how to properly get any property out of impound. Often the rightful owners are forced to repeatedly ask for the return of their material.
One of the most sensational cases related to “countering extremism” was the recognition of Belarus Press Photo 2011 album as extremist materials in 2013. The album contained images that won in 2011 the National Press Photo contest — an open annual contest of press photography. In November 2012, 41 copies of the album were seized for expert examination at the border with Lithuania border from three photojournalists, who were organisers of the contest.
Then the Belarusian KGB’s Hrodna regional department initiated proceedings to categorise the album as extremist material. Ashmiany District Court decided that the publication under consideration was extremist. The court’s decision was based on the KGB’s report that “the choice of the photos for the photo album in the aggregate reflects only negative sides of the life of the Belarusian people, together with the author’s own insinuations and conclusions, which, with the view of the socially accepted norms and morals, insults the national honor and dignity of citizens of the Republic of Belarus, diminishes the authority of the state power organs, undermines the trust of foreign states, foreign and international organisations to them.”
As a result, the seized copies of the album were ordered to be destroyed. Further, the court decision served as grounds to withdraw the license from Lohvinau, the publisher of the album. At least 17 anti-extremism motivated seizures of publications have been carried out by Belarusian customs officers since then.
In 2014, the National Commission of Experts on Assessment of Information Productions Regarding Extremist Contents was established as a permanent body with regional subcommissions set up in the regions. Two-thirds of the National Commission’s members are state officials — including representatives of the KGB and customs — who often initiate proceedings to recognise a material as extremist. In the first six months of its existence, the National Commission considered over 100 different publications, 25 of which have been recognised as extremist.
In November 2015, Belarusian customs officers seized two publications for expert examination.
On 10 November 2015, Oleksandr Doniy and four other Ukrainian TV journalists were interrogated and searched by Belarusian officers at the Ukraine-Belarus border while traveling by car to Vilnius, Lithuania. The journalists, who were working for the cultural programme Last Barricade, were held for five hours. A total of 22 items were seized, including five copies of a documentary about the Ukrainian Revolution (1917-1921) and 11 books, among them Confession From a Condemned Cell, Marshal Zhukov and Ukrainians During World War II. The Ukrainian journalists have been accused of importing “extremist literature and audio productions”.
On 19 November 2015, a number of human rights books were seized by customs officers from Aliaksandr Hanevich who was returning to Belarus from Lithuania. Those were De-facto Implementation of International Human Rights Standards: The Experience of Belarusian ILIA Program Alumni, Enlightened by Belarusianness by Ales Bialiatski, My Fight by Valery Hrytsuk, The Death Penalty in Belarus and Pervasive Violations of Labor Rights and Forced Labor in Belarus.
Besides the anti-extremism law, the grounds for stifling freedom of speech are contained in the Law On Mass Media. In the beginning of 2015, the new Article 51.1 was incorporated that set the procedure for restricting access to online information resources. It can be carried out extrajudicially by the decision of the ministry of information upon the request of any state body if the online resource disseminates information prohibited by law. The law also prohibits propaganda of extremist activities. Blocking websites can follow only one violation of the law, within three months since it occurred. This concerns access to both Belarusian and foreign websites viewed in Belarus.
In 2015, the ministry of information has restricted access to 40 websites, 11 of them have been blocked for disseminating extremist materials.
Mapping Media Freedom
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/
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