16 Nov 22 | Italy, News and features, Statements
Members of the Coalition Against SLAPPs in Europe (CASE), with the support of the coalition’s Italian group and Media Freedom Rapid Response (MFRR), express solidarity with Roberto Saviano who attended the first hearing in the proceedings for aggravated defamation initiated against him by current Prime Minister Giorgia Meloni. We are seriously concerned about the criminal proceedings initiated in 2021 by the current Prime Minister Giorgia Meloni, the leader of Fratelli d’Italia. Under the current provisions on defamation, Roberto Saviano risks imprisonment for his criticism of Meloni during a TV programme.
Such accusations act as a gag on freedom of expression, a fundamental right enshrined in the Italian Constitution and international law. No journalist or writer should be prosecuted for expressing their honest opinion on issues of public interest. A criminal defamation suit is not an acceptable response in a democracy, all the more so when it comes from a high ranking representative of the institution. This threat to Saviano reveals, once again, the degree of the abuse of defamation suits or SLAPPs (Strategic Lawsuits Against Public Participation) in Italy.
The lawsuit for aggravated defamation was initiated by current Prime Minister Meloni in November 2021, in response to comments made by Roberto Saviano during the episode of the TV programme Piazza Pulita which aired on 3rd December 2020. Saviano’s comment was formulated in response to the controversial rhetoric employed in recent years by the two political leaders to describe the migration emergency in the Mediterranean.
In November 2020, the NGO ship Open Arms rescued a number of displaced individuals from a shipwreck, caused by a collapsing dinghy in the Mediterranean Sea. The delayed rescue by the Italian authorities had prevented timely assistance to the survivors who were in dire need of specialist medical care, including a six-month-old infant who later died on the Open Arms. Following Piazza Pulita’s coverage of the investigation on the authorities’ delayed response, Roberto Saviano had referred to both Meloni, the then leader of Fratelli d’Italia and the Lega secretary, Matteo Salvini as ‘bastards’.
The possibility that Roberto Saviano, in his role as a writer and journalist, could incur a prison sentence for expressing his opinion on a politically sensitive issue, such as the treatment of migrants in Italy, once again draws attention to the serious inadequacies of Italian libel laws. The right to freedom of expression is enshrined in Article 21 of the Italian Constitution. Furthermore, international law and jurisprudence of the European Court of Human Rights (ECtHR) guarantees that the right to freedom of expression extends to statements and ideas that may ‘offend, shock or disturb‘ and that opinions are entitled to enhanced protection under the guarantee of the right to freedom of expression. Further, the ECtHR has clarified that public figures and, in particular, political actors must tolerate higher levels of criticism and scrutiny given their public position within society, and that in such cases criminal prosecution has a chilling effect and is violating the right to freedom of expression as guaranteed by Article 10 ECHR.
Those who express their opinion on matters of public interest should not fear nor be exposed to intimidation, conviction, or imprisonment. On this last point, the Italian Constitutional Court has made its position clear, urging lawmakers to initiate a general reform of the legislation on defamation that would bring Italian legislation in line with the standards of European and international law. With the ruling of 9 June 2020 and the decision of 22 June 2021, the Court, in line with previous judgments of the ECtHR, declared prison sentences in cases of defamation in the press unconstitutional. However, the provision of prison sentences remains in place for cases of ‘exceptional gravity’. In accordance with such provisions, Saviano still faces a custodial sentence because the formal charge is aggravated defamation.
At the conclusion of the first hearing at the Criminal Court of Rome on 15 November 2022, it was decided that the trial will be re-assigned to a new judge and adjourned to 12 December. The current Minister of Infrastructure, Matteo Salvini, has filed a petition to become a civil plaintiff. The Lega leader has also a pending defamation lawsuit initiated against Roberto Saviano in 2018: its first hearing is scheduled for 1 February 2023. Further, on 28 January 2023 another defamation trial instigated by Gennaro Sangiuliano, current Minister of Culture, awaits Roberto Saviano.
At the end of the first hearing in the Meloni case on 15th November, Saviano reiterated the central role that writers play in a democratic society: “My tools are words. I try, with the word, to persuade, to convince, to activate”. Exiting the courtroom, he argued that: “Democracy is based not only on a consensus that can lead to winning the electoral lottery, but exists if dissent and criticism are allowed. Without such premises there is no democratic oxygen”.
The perilous situation in which Roberto Saviano finds himself must also be taken into account. Life under escort, already a cause of marginalisation for journalists, was only necessary due to threats made against Saviano by organised crime and these threats should not be amplified through further threats made by high ranking politicians.
Joining the dissent expressed by Italian and European journalists’ associations, the undersigned organisations call on Prime Minister Giorgia Meloni to immediately withdraw the charges against Roberto Saviano. We support the recommendation formulated by Italian and European civil society and international organisations to the new parliament to act against vexatious complaints and to quickly adopt a comprehensive reform of both civil and criminal defamation laws in Italy. Finally, we urge Italy to bring forward legislation to tackle the use of SLAPPs in line with the EU Anti-SLAPP Recommendation of 27 April 2022. The Italian Government is also urged to give its full support to the Anti-SLAPP Directive as proposed by the European Commission.
Signed
OBC Transeuropa (OBCT)
aditus foundation
Access Info Europe
ARTICLE 19
Blueprint for Free Speech
Civic Initiatives
Civil Liberties Union For Europe
Ecojustice Ireland
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Global Witness
Helsinki Foundation for Human Rights
Index on Censorship
International Press Institute
Irish PEN/ PEN na hÉireann
Justice & Environment
Legal Human Academy
Libera Informazione
PEN International
Presseclub Concordia
Solomon
The Daphne Caruana Galizia Foundation
Whistleblowing International Network
14 Nov 22 | Italy, News and features
Tomorrow anti-mafia writer Roberto Saviano stands trial for defaming the good name, if that it be, of Italy’s neo-fascist Prime Minister Giorgia Meloni, after he condemned her remarks calling for ships that sought to rescue refugees in the Mediterranean be sunk and the migrants left to drown. Saviano spoke out on a TV show in 2020 when an NGO rescue ship picked up 111 migrants stranded in the Mediterranean. But a six-month-old baby boy, originally from Guinea, drowned when the dinghy he was in capsized.
A clearly distressed Saviano said: “They’re bastards: Meloni, Salvini… How is it possible, given such despair? They have a legitimate policy which opposes receiving [migrants] – but surely not in the case of an emergency on the open sea?”
The trial has been widely seen as an attack on free speech and, yet again, raises questions about the ability of the far right to use Italy’s bizarre legal code to gag their critics. The case is even more fraught because Meloni was the leader of the ultra-right Brothers of Italy party then but is now also the country’s prime minister. If found guilty, Saviano faces a potential jail sentence. But the writer is no ordinary target. Since 2006 he has been under sentence of death from the Camorra, Naples’ number one crime organisation, after he published Gomorrah, a book that challenged the clan’s silent grip on much of southern Italy.
The title comes from anti-Camorra Catholic priest Giuseppe Diana in 1994, who was murdered for his courage: “The time has come to stop being a Gomorrah.”
Saviano faces calls from Meloni’s camp to cut his police protection. In plain English, by criticising Meloni he may end up being murdered by the very gangsters the writer says are in secret association with the far right. He faces a second trial for criticising Meloni’s coalition partner, Matteo Salvini, in the same TV interview: this case is already grinding its way through the courts.
Saviano told The Observer: “There was a dramatic, tragic shipwreck… A baby was drowned. But from Meloni and Salvini came ferocious and inhuman anti-migrant propaganda. In the light of this, and the libel charge, do you really think mine were such offensive words?”
PEN’s President Burhan Sonmez has written to the prime minister calling on her to drop the trial. He wrote: “Despite calls by Italy’s Constitutional Court to undertake a comprehensive review of criminal defamation laws, journalists and writers are still liable to prison sentences in case of defamation through the press. Criminal defamation lawsuits exhaust their victims. They rob them of their time, of their money, of their vital energy. Crucially, they are punitive and can lead to self-censorship and discourage the investigative journalism that is so necessary in a healthy and functioning democracy.”
Thus far there has been no response from the prime minister’s office to PEN’s letter but Meloni has given no signs of backing down. She said three days ago: “On that boat were migrants, not shipwrecked people. People boarded those ships in international waters … The ship that took them in its charge was equipped to accommodate them and provide for all their reception needs…The banana republic in which citizens are so vexed but which is so popular on the left is over.”
What the prime minister fails to realise is that, along with the case brought by her, Italy’s standing as a civilised democracy is on trial too.
20 Jun 21 | Italy, Media Freedom, Switzerland, Turkey, United Kingdom, Wales
[vc_row][vc_column][vc_single_image image=”116924″ img_size=”full” add_caption=”yes”][vc_column_text]In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?
It’s simple, the worst is ranked first.
We start today with Group A, which plays the deciding matches of the group stages today.
1st Turkey
Turkey’s record on free speech is appalling and has traditionally been so, but the crackdown has accelerated since the attempted – and failed – military coup of 2016.[1][2]
The Turkish government, led by President Recep Tayyip Erdoğan has attacked free speech through a combination of closing down academia and free thought and manipulating legislation to target free speech activists and the media. He has also ordered his government to take over newspapers to control their editorial lines, such as the case with the newspaper Zaman, taken over in 2014.[3]
Some Turkish scholars have been forced to inform on their colleagues[4] and Erdoğan also ordered the closing down of the prominent Şehir University in Istanbul in June 2020[5].
But it is manipulation of legislation that is arguably the arch-weapon of the Turkish government.
A recent development has seen the country use Law 3713, Article 314 of the Turkish Penal Code and Article 7 of the Anti-Terror Law to convict both human rights activists and journalists.
As of 15 June this year, a total of 12 separate cases of under Law 3173[6] have seen journalists currently facing prosecution, merely for being critical of Turkey’s security forces.
This misuse of the law has caused worldwide condemnation from the European Union, the United Nations and the Council of Europe, among many others[7].
Misuse of anti-terrorism legislation is a common tactic of oppressive regimes and is reflective of Turkey’s overall attitude towards freedom of speech.
Turkey also has a long history of detaining dissenting forces and is notorious for its dreadful prison conditions. Journalist Hatice Duman, for example, has been detained in the country since 2003[8]. She has been known to have been beaten in prison.[9]
Leading novelists have also been attacked. In 2014, the pro-government press accused two authors, Elif Shafak and Orhan Pamuk were accused of being recruited by Western powers to be critical of the government.[10]
Every dissenting voice against the government in Turkey is under scrutiny and authors, journalists and campaigners easily fall foul of the country’s disgraceful human rights record.
With a rank of 153rd on Reporters Without Borders’ 2021 World Press Freedom Index, it is also the worst-placed team in the tournament in this regard.
2nd Italy
Freedom of speech in Italy was enshrined in the 1948 constitution after the downfall of fascist dictator Benito Mussolini in 1945. However, a combination of the consequences of the Covid-19 pandemic, oppressive legislation and violent threats to journalists means that its record is far from perfect.
Slapps (strategic lawsuits against public participation) are used by governments and big corporations as a form of intimidation against journalists and are common in Italy.
Investigative journalist Antonella Napoli told Index of the difficulty journalists such as her face due to Slapps. She herself is facing a long-running suit, which first arose in 1998. She will face her next hearing on the issue in 2022[11].
She said: “We investigative journalists are under the constant threat of litigation requires determination to continue our work. A pressure that few can endure.”
“When happen a similar case you feel gagged, tied, especially if you are a freelance journalist. If you get your hands on big news about a public figure with the tendency to sue, you’ll think twice. I have never stopped, but many give up because they fear consequences that they can’t afford.”
Italy bore the brunt of the early stages of the pandemic in Europe. Often, when governments experience nationwide crises, they use certain measures to implement restrictive legislation that cracks down on journalism and free speech, inadvertently or not.
The decree, known as the Cura Italia law, meant that typical tools for journalists, or any keen public citizen, such as Freedom of Information requests were hard to come by unless deemed absolutely necessary.
Aside from Covid-19 restrictions, Italy continues to have a problem with the mafia. There are currently 23 journalists under protection in the country.[12]
3rd Wales
Wales is very much subject to the mercy of Westminster when it comes to free speech
Arguably, the most concerning development is the Online Safety Bill (also known as ‘online harms’), currently in its white paper stage.
While there are, sadly, torrents of online abuse, this attempt to regulate speech online is concerning.
The draft bill contained language such as “legal but harmful” means there would be a discrepancy between what is illegal online, versus what would be legal offline and thus a lack of consistency in the law regarding free speech.
The world of football recently took part in an online social media blackout, instigated in part by Welsh club Swansea City on 8 April[13], following horrific online racial abuse towards their players.
Swansea said: “we urge the UK Government to ensure its Online Safety Bill will bring in strong legislation to make social media companies more accountable for what happens on their platforms.”[14]
But the boycott was criticised with some, including Index, concerned about the ramifications pushing for the bill could have.
In 2020, Index’s CEO Ruth Smeeth explained what damage the legislation could cause: “The idea that we have something that is legal on the street but illegal on social media makes very little sense to me.”[15]
4th Switzerland
Switzerland has an encouraging record for a country that only gave women the vote in 1971.
They rank 10th on RSF’s World Press Freedom Index and have, generally speaking, a positive history regarding free speech and freedom of the press.
But a recent referendum may prove to be an alarming development.
Frequently, where there may be unrest or a crisis in a country, government’s use anti-terrorism laws to their own advantage. Voices can be silenced very quickly.
On 13 June, Switzerland voted to give the police detain people without charge or trial[16] under the Federal Law on Police Measures to Combat Terrorism.
Amnesty International Switzerland’s Campaign Director, Patrick Walder said the measures were “not the answer”.
“Whilst the desire among Swiss voters to prevent acts of terrorism is understandable, these new measures are not the answer,” he said. “They provide the police with sweeping and mostly unchecked powers to impose harsh sanctions against so-called ‘potential terrorist offenders’ and can also be used to target legitimate political protest.”
“Those wrongly suspected will have to prove that they will not be dangerous in the future and even children as young as 12 are at risk of being stigmatised and subjected to coercive measures by the police.”
56.58 per cent came out in support of the measures.[17]
[1] https://www.youtube.com/watch?v=jW_c30hwXTM&ab_channel=Vox
[2] https://journals.sagepub.com/doi/full/10.1177/0306422020917614
[3] https://www.amnesty.org/en/latest/news/2016/03/turkey-fears-of-zaman-newspaper-takeover/
[4] https://journals.sagepub.com/doi/full/10.1177/0306422020917614
[5] https://journals.sagepub.com/doi/full/10.1177/0306422020981254
[6] https://rsf.org/en/news/turkey-using-terrorism-legislation-gag-and-jail-journalists
[7] https://stockholmcf.org/un-calls-on-turkey-to-stop-misuse-of-terrorism-law-to-detain-rights-defenders/
[8] https://cpj.org/data/people/hatice-duman/
[9] https://www.indexoncensorship.org/2021/01/the-desperate-situation-for-six-people-who-are-jailednotforgotten/
[10] https://www.theguardian.com/books/2014/dec/12/pamuk-shafak-turkish-press-campaign
[11] https://www.balcanicaucaso.org/eng/Areas/Croatia/Croatia-and-Italy-the-chilling-effect-of-strategic-lawsuits-197339
[12] https://observatoryihr.org/iohr-tv/23-journalists-still-under-police-protection-in-italy/
[13] https://twitter.com/SwansOfficial/status/1380113189447286791?s=20
[14] https://www.swanseacity.com/news/swansea-city-join-social-media-boycott
[15] https://www.indexoncensorship.org/2020/09/index-ceo-ruth-smeeth-speaks-to-board-of-deputies-of-british-jews-about-censorship-concerns/
[16] https://www.swissinfo.ch/eng/freedom-of-expression–universal–but-not-absolute/46536654
[17] https://lenews.ch/2021/06/13/swiss-vote-in-favour-of-covid-laws-and-tougher-anti-terror-policing-13-june-2021/[/vc_column_text][/vc_column][/vc_row]
