17 Apr 18 | Malta, Mapping Media Freedom, Media Freedom, News and features
[vc_row][vc_column][vc_video link=”https://youtu.be/MhT_G6fMaY8″][vc_column_text]People gathered outside Malta House in London on Monday afternoon to remember Daphne Caruana Galizia, a Maltese journalist murdered with a car bomb six months ago.
The vigil was attended by representatives of NGOs calling on the Maltese authorities for justice.
Index on Censorship, Reporters Without Borders, the International Press Institute and others have signed an open letter demanding the ongoing investigation into Caruana Galizia’s death to be monitored.
“It wasn’t just one person they silenced. When you silence a journalist, you attempt to silence an entire community, an entire country,” Jodie Ginsberg, Index on Censorship CEO, said.
The investigative journalist, who wrote about corruption and human rights breaches in Malta on her blog Running Commentary, had previously received threats because of her reporting. She was branded a political enemy and her face was put on billboards around the country by the governing party. She was murdered on 16 October 2017.
Many of the investigations she was pursuing before her murder are being taken up by journalists around the world who will publish the corruption she worked to expose.
Matthew and Paul Caruana Galizia, two of the journalist’s sons, who attended the vigil, emphasised the importance of ongoing support and said the event was “almost like another funeral because we’ve hit the six-month mark”.
Excerpts from Caruana Galizia’s writing were read out and sprigs of bay leaves, “Daphne” in ancient greek, were held by attendees. Chants of “Justice for Daphne, no more impunity” were directed at Malta House.
Ravi Prasad, head of advocacy at the International Press Institute in Vienna, was at the memorial. He is outraged at the government of Malta for superficially bandaging the issue instead of investigating properly.
“They have arrested some people but these are not the perpetrators, the actual masterminds behind the murder,” he said. “They’re trying to blame others. It’s a classic example of impunity. This is intolerable. Most of these journalists are not killed because they are covering a conflict. They were murdered for exposing corruption.”
The Director of Free Press Unlimited, Leon Willems, represented the Dutch free press organisation. The organisation, Willems told Index on Censorship, is “extremely concerned about the growing impunity with which attacks on journalists take place all over Europe. We think the case of Daphne Caruana Galizia is a case in point where we see that in spite of all the efforts, nothing much is happening and there are no real consequences.”
He added: “We think that is a grave danger to journalism and Europe and we are very concerned about the current trend.”
Holding vigils of this kind is faced with much opposition in Malta. A memorial to Daphne in front of the law courts in Valetta was recently removed. Tina Urso, activist at Il-Kenniesa, has helped organise six memorial services around the world for Caruana Galizia. She says the police in Malta find a way of shutting down the events and that “people are getting really scared.” But the anti-corruption activist believes that international voices are crucial in getting the attention of the authorities. She said: “When it comes to international pressure we know that it really bothers them and we know that they pay attention.”
The vigil was followed by a discussion of the case at the House of Commons on Monday evening. [/vc_column_text][vc_single_image image=”99687″ img_size=”full” add_caption=”yes” alignment=”center”][vc_single_image image=”99685″ img_size=”full”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1523984883608-cb153aa9-5de4-5″ taxonomies=”18782″][/vc_column][/vc_row]
16 Apr 18 | Campaigns -- Featured, Media Freedom, media freedom featured, Statements
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Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder.
Around the world, big business and corrupt politicians are using threats of legal action to silence journalists and other critics — including NGOs and activists.
Usually this starts with a letter threatening expensive proceedings unless online articles are rewritten or removed altogether, and demanding an agreement not to publish anything similar in the future. The letters often tell the recipient that they cannot even report the fact that they have received the letter.
This process is known as a SLAPP (Strategic Lawsuit Against Public Participation). SLAPPs are designed to intimidate and silence critics by burdening defendants with huge legal costs. The purpose of SLAPPs is not to win the case. They are vexatious and are designed to eat up time and resources. They are a way to harass and intimidate journalists and others and dissuade them from reporting.
SLAPP suits are a particular problem for independent media outlets and other small organisations. They are financially draining and can take years to process. Faced with the threat of a lengthy litigation battle and expensive legal fees, many who receive SLAPPs are simply forced into silence.
Don’t let them silence you
Index believes that by encouraging journalists and media outlets to talk more openly about these threats, we can begin to put an end to the use of these vexatious lawsuits that threaten democracy.
We support an initiative by members of the European Parliament for a new directive to tackle SLAPPs.
We also know that getting such changes takes time. But it can be done. In the United States, 34 states have enacted laws to combat SLAPPs. California, which adopted its anti-SLAPP legislation in 2009, enables defendants to sue the original plaintiff for malicious prosecution or abuse of process.
In 2015 Canada passed the Protection of Public Participation Act, which aimed to implement a fast-track review process to identify and end vexatious lawsuits.
In the meantime, there are some steps that all journalists can take to help put an end to this practice.
1. Know you are not alone
Journalists from Albania to Japan have received such letters. In Malta, for example, The Shift News website received a letter late last year from law firm Henley and Partners demanding an article be removed. Henley and Partners also stated that the letter was not to be made public.
Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder. She was being sued by Pilatus Bank, a Maltese-based financial institution she frequently criticised. The lawsuit was filed in the USA and dropped following the killing.
Other Maltese media groups, faced with legal threats, have complied with Pilatus Bank’s requests, and deleted and amended articles in their online archives. Pilatus denies any wrongdoing.
In the UK, Appleby, the firm associated with the Paradise Papers, is threatening legal action against the Guardian and the BBC, demanding they disclose any of the six million Appleby documents that informed their reporting and seeking damages for the disclosure of what it says are confidential legal documents.
2. Tell others if you receive a letter
Speak to someone you trust. This could be a colleague at your place of work, your local union or a representative from a nonprofit organisation working in your country or region. Nonprofit organisations and others working in the field of journalist safety include:
Article 19
Committee to Protect Journalists
European Centre for Press and Media Freedom
European Federation of Journalists
International Press Institute
Index on Censorship
Reporters Without Borders
SEEMO
A major fear when receiving a SLAPP letter from a large law firm can be a sinking feeling that you might indeed have something wrong with your story. This casts a long shadow of self-doubt and can prevent journalists even from discussing the letters with each other within the same newsroom.
If you receive these legal threats, discuss them with journalists from other publications who are working on similar stories. This is often the only way to find out that the subject of your investigations is trying to shut down the public discussion systematically. “Discovering that pattern is not only a story in itself, but critically important in helping journalists work together to defend themselves,” says investigative reporter Matthew Caruana Galizia.
3. Report it
If you work in one of the countries covered by the project, you should report such threats to the Index on Censorship Mapping Media Freedom platform, which documents threats to media freedom. Index works with other organisations to raise the worst cases with the Council of Europe so that the council can raise cases directly with the governments concerned.
When you document these threats on Mapping Media Freedom, you help to show that they exist and are a problem for journalists and the public, who are robbed of their right to know. Once we have that documentary evidence, we can push harder for a change in legislation. We believe that the number of threats would speak for themselves, if everyone in the countries we cover reported them.
4. Know your rights
Get expert legal advice but remember that not all lawyers are the same. There are lawyers who are experienced in dealing with SLAPPs. For example, the European Centre for Press and Media Freedom has a legal team that can advise on SLAPP lawsuits and Doughty Street Chambers has an International Media Defence Panel who regularly assist journalists and NGOs faced with these kinds of threats.
Have you received a SLAPP letter? Let us know. Spreading the word about this cases is important in tackling the problem. The more we can document the extent of this issue, the easier it will be to address it. Please let us know by contacting Joy Hyvarinen, Head of Advocacy, at [email protected]. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1523875014232-cb75410f-355e-4″ taxonomies=”8996″][/vc_column][/vc_row]
23 Mar 18 | Campaigns -- Featured, Malta, Statements
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Daphne Caruana Galizia
We, the undersigning international organisations are closely monitoring the investigation of the murder of Maltese journalist Daphne Caruana Galizia and the related court proceedings in Malta.
Daphne Caruana Galizia was a journalist, a blogger, a mother of three. For years, she reported on corruption in her home country, despite being threatened continuously. She was still reporting, even when the Maltese police and other authorities failed to protect her adequately. Daphne Caruana Galizia was assassinated on 16 October 2017 by a car bomb. At the time, she was investigating complex allegations of corruption in an EU Member State.
The killing of a journalist on European soil, likely in retaliation for investigative reporting is unacceptable. Journalism should not be a dangerous profession right in the heart of the European Union. This murder signals the urgent need to strengthen the protection of journalists in the EU Member States and to document and promote accountability for violations of press freedom.
Currently, there are at least three legal proceedings taking place in Malta in an attempt to investigate Daphne Caruana Galizia’s assassination, namely the case filed before the Constitutional Court to remove the deputy police commissioner from the investigation because of conflict of interest, the Court of Magistrates’ inquiry, and the Malta police investigation. The Malta police have identified three suspects. The pre-trial procedure to collect present evidence against them is currently taking place.
We urge you, as a diplomat of your country, to monitor the court proceedings and collect evidence on whether they are being carried out in line with the best international standards.
The next four compilation of evidence hearings will take place on 26 March, and on 12, 20, and 26 April 2018. The next hearing at the Constitutional Court is on 12 April 2018.
Besides showing solidarity, we believe it is crucial to make clear that a case like this cannot be followed by impunity. We are continuing to watch the developments in Daphne Caruana Galizia’s case closely. Malta is a member state of the European Union. Daphne Caruana Galizia and her family are entitled to full justice. The Maltese authorities have the responsibility to provide it. In addition, EU diplomats have the special responsibility to send a strong signal in support of media freedom and respect for human rights and democratic principles.
So far, the European institutions and member-states do not sufficiently monitor the court hearings in Malta. There have been concerns expressed by the victim’s family, journalists, and other civil society actors with regard to the independence and professionalism of the judicial and the prosecutorial system in Malta. International lawyers at Doughty Street Chambers have advised Daphne Caruana Galizia’s family that the investigation into her assassination violates procedural requirements of Article 2 of the European Convention on Human Rights (ECHR). Please find the lawyers’ advice here.
We would be happy to provide you with further information and contacts on the ground. Your engagement in this case is setting a standard and precedent for what is permissible in the European Union.
Yours sincerely,
European Centre for Press and Media Freedom
Article19
Committee to Protect Journalists
European Federation of Journalists
Index on Censorship
PEN International
PEN England
Reporters without Borders[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1521808641883-9d60e560-1d86-4″ taxonomies=”18782, 18781″][/vc_column][/vc_row]
07 Mar 18 | Campaigns -- Featured, Statements
Slovak investigative journalist Jan Kuciak was murdered in February 2018.
Dear President Juncker,
We, the undersigned organisations, are deeply saddened and appalled by the recent killings of Slovak journalist Ján Kuciak and Maltese journalist Daphne Caruana Galizia. These killings on European soil in retaliation for the investigative reporting by these journalists are simply unacceptable.
We welcome the condemning of these killings by the European Union (EU) institutions. However, we demand that no further time is wasted and these words are followed by action. We urge high-level officials from the European Commission to retain regular communication with senior police authorities in Slovakia and Malta to ensure that police investigations are full, thorough and independent.
Moreover, the European Commission must take the lead and hold state officials and public figures to account for creating an environment in which the critical function of journalism is respected. State officials and public figures should consistently speak out in support of the critical function of journalism and support journalists when they are attacked.
A climate in which impunity prevails and in which journalists are only respected when they serve the interests of those in power, paves the way for violence. These murders signal the urgent need to support civil society in the EU Member States in their efforts to fight impunity, and to document and promote accountability for violations of press freedom.
In today’s world where a journalist is killed every five days with almost full impunity as a result, we have to stop the European region from becoming an environment where journalists are no longer safe to do their work. We call on the European Commission to work, as a priority, with Member States to begin the process of establishing national protection mechanisms for journalists in Europe.
Matlese investigative journalist Daphne Caruana Galizia was murdered in October 2017.
When journalists are killed, they are silenced and the public is deprived of their stories. In the cases of Ján Kuciak and Daphne Caruana Galizia stories about corruption, organised crime and abuse of power. Stories the people have a right to know about.
Safety of journalists is a precondition for good journalism that serves the societies and audiences. Our European democracies cannot thrive when journalists are silenced and cannot inform people about important developments and hold power holders to account.
We urge the European Commission to call on the governments of its Member States to implement without any delay their existing commitments to provide a safe, enabling environment for journalists, flowing from numerous adopted United Nations resolutions on the safety of journalists and the Council of Europe recommendation on the Protection of Journalism and the Safety of Journalists and other media actors.
We urge the European Commission to take the lead in stepping up their efforts to protect journalists within Europe. The undersigned organisations stand ready to support in such efforts.
Your response to the killings of Ján Kuciak and Daphne Caruana Galizia will set a precedent for what is permissible in the European Union. A safe future for journalists in Europe is in your hands.
Yours sincerely,
ARTICLE 19
Committee to Protect Journalists
European Centre for Press and Media Freedom
European Federation of Journalists
European Journalism Centre
La Fundación para la Libertad de Prensa
Free Press Unlimited
Global Forum for Media Development
IFEX
International Federation of Journalists
Index on Censorship
International Media Support
International Press Institute
Rory Peck Trust
Reporters Without Borders
Samir Kassir Foundation – SKeyes Center for Media and Cultural Freedom
Transparency International
