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When Axier López, the 37-year-old reporter for the Basque-language magazine Argia, opened the mailbox at his home in Barakaldo early April, he discovered he’d become the first journalist in Spain to be punished under the Public Security Law.
He was ordered to pay €601 (£466) for photos of an arrest he published on Twitter without state permission on 7 March.
“It is a fine similar to a parking ticket,” López told Mapping Media Freedom. “Signed by a local government representative, it claims I committed a crime by putting on-duty police officers in danger.”
The photos in question were taken when López was in the city of Eibar covering the arrest of a woman who had previously refused to appear in court. In 2007 she had participated in a protest against the forced closure of a local youth organisation which the state and court linked to a Basque separatist terrorist group. The woman was accused of blocking a road.
The so-called “gag law” under which López was fined came into force on 1 June 2015. It bans coverage of on-duty police officers without prior police permission and prohibits the publication of any clue as to their identity. The Spanish centre-right government said the purpose of the law is to protect officer security.
“What is the problem if we track and inform the public about events involving police officers?” López asked. “Policemen are paid with public money, so I don’t see a problem if they appear in media content.”
“Almost every day you can see arrests of different people on TV, where police officers appear in front of the camera, but they punished only us,” he added.
Journalists in Spain have recently come under mounting legal pressures related to their work.
In April two journalists from the daily newspaper ABC, Pablo Muñoz and Cruz Morcillo, were facing two-and-a-half-year prison sentences for publishing a telephone conversation between members of the Italian mafia, who were talking about Luis Bárcenas, former treasurer of Partido Popular. After an avalanche of support for the journalists, the general attorney in Madrid dropped the charges in May.
The journalists had published their article in July 2014, a year after police investigators intercepted the phone conversation between two mafioso. The general attorney had claimed they revealed details of a secret police investigation.
“Charges, in this case, were really severe,” said Elsa González, president of the Spanish Federation of Journalist Associations (FAPE), the main journalist body in the country. “A journalist has to publish information if it’s in the public interest.”
González added that according to a poll by Madrid’s Association of Journalist (APM), last year only 23.2% of reporters with permanent contracts and 22.2% of freelancers said they never received pressure to modify information in their reports. APM said the pressure could come from multiple angles, including political and corporate powers, public institutions and advertisers.
A group of Spanish media companies has also recently been threatened with legal action after online newspapers El Confidencial and Eldiario.es, along with private TV channel La Sexta reported that Juan Luís Cebrián, president of the Prisa media group, publisher of the national newspaper El País and sports daily AS, appeared in the Panama Papers.
On 26 April Prisa issued a statement on its website stating that its president had taken legal action against the outlets for “clear defamatory intent” by linking Cebrián to the Panama Papers “in which he categorically does not appear”.
The centre-right daily newspaper El Mundo, a competitor of Prisa’s left-leaning daily El País, then reported that journalists who work for Prisa publishing house were prohibited from engaging with the three media outlets.
Nacho Cardero, director of El Confidencial, told Mapping Media Freedom that Cebrián has yet to take any formal action.
“At the moment there are no actions against any of the three media sources and furthermore, the intention to expel contributors of El Confidencial, La Sexta or Eldiario.es from his group, hasn’t occurred,” said Cardero. “However, Prisa has closed the door to Ignacio Escolar, director of Eldiario.es.”
López believes all these cases serve to spread fear among journalists. Meanwhile, his appeal against his fine has been refused. It could have been reduced to €300 (£232) if he had paid in 15 days. “However, we are not going to pay because we were doing our job,” he said.
“I don’t know where we can go in the legal process,” López added. “But it is important that the debate on this law is open and that we resist in order to prevent possible fear in other journalists.”
Mapping Media Freedom approached Cebrián for comment but received no response.
Mapping Media Freedom
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Mapping Media Freedom launched to the public on 24 May 2014 to monitor media censorship and press freedom violations throughout Europe. Two years on, the platform has verified over 1,800 media violations.
“The data the platform has collected over the last two years confirms that the state of press freedom across Europe is deplorable,” said Hannah Machlin, project officer for Mapping Media Freedom. “Media violations are occurring regularly in countries with strong democratic institutions and protective laws for journalists. Legislation limiting the press, violence across the continent and authoritarian governments are also fuelling this rapid and worrying decline. We hope that institutions and leaders take note of this information and take action swiftly.”
To mark the anniversary, we asked our correspondents to pick a key violation that stood out to them as an example of the wider picture in their region.
Russia / 113 verified reports
Several journalists and human rights activists attacked in Ingushetia
“The brutal attack on a minibus carrying six journalists and several human rights activists near the border between Ingushetia and Chechnya on the 9 March 2016 demonstrates the dangers faced by media professionals working in Russia’s North Caucasus. No suspects have been established so far. This case stands out due to its extreme violence but also supports a common trend: the reluctance of the local authorities to ensure that the journalists’ rights are respected.” – Ekaterina Buchneva
Italy / 190 verified reports
97 journalists accused of breaking the law in mafia investigation
“This was a very relevant investigation, with no precedent, that took place in October, a few weeks away from the start of the trial known as Mafia Capitale, which concerns the scandal that involved the government of the city of Rome. It is a collective intimidation because it involved 97 journalists, who were denounced for violating the secret on the ongoing investigations. It is a really serious form of intimidation because it was activated within the field of law and thus is not punishable.” – Rossella Ricchiuti
Turkey / 57 verified reports
Zaman newspaper seized by authorities
“These attacks and actions taken by the government against independent media in Turkey attest to the shrinking space of independent media overall. In addition, it illustrates the shifting power dynamic within the ruling government in Turkey where once upon a time friends, are turned into enemies by the regime. As the paper wrote itself, Turkey is headed through its ‘darkest and gloomiest days in terms of freedom of the press.'” – MMF’s Turkey correspondent
Azerbaijan/ 5 verified reports
Writer banned from leaving country
“Aylisl’s 12-hour interrogation at the airport and later charges of hooliganism were just as absurd as the claim that a 79-year-old man, suffering from a heart condition and other health issues would attack an airport employee to such an extent that it would cause hemorrhage. I chose this example to illustrate the absurdity of charges brought against individuals in Azerbaijan but also the extent to which the regime is ready to go in order to muzzle those voices who different.” – MMF’s Azerbaijan correspondent
Macedonia / 59 verified reports
Deputy Prime Minister attacks journalist
“This incident best demonstrates the division in society as a whole and among journalists as a professional guild. This is a clear example of how politicians and elites look upon and treat the journalist that are critical towards their policies and question their authority.” – Ilcho Cvetanoski
Bosnia / 56 verified reports
Police raid Klix.ba offices
“This was the most serious incident over the last two years in Bosnia regarding the state’s misuse of institutions to gag free media and suppress investigative journalism. In this specific incident, the state used its mechanisms to breach media freedoms and send a chilling message to all other media.” – Ilcho Cvetanoski
Croatia / 64 verified reports
Journalist threatened by disbanded far-right military group
“After the centre-right government in Croatia came to power in late 2015, media freedom in the country rapidly deteriorated. Since then around 70 media workers in the public broadcaster were replaced or removed from their posts. This particular case of the prominent editor-in-chief of the weekly newspaper Novosti receiving a threatening letter from anonymous disbanded military organisation demonstrates the polarisation in the society and its affect on media freedom.” – Ilcho Cvetanoski
Greece / 34 verified reports
Golden Dawn members assault journalists covering demonstration
“This was the second attack against journalists by Golden Dawn members within one month. With more than 50,000 asylum seekers and migrants trapped in Greece, the tension between members of the far-right group and anti-fascist organisations is rising.” – Christina Vasilaki
Poland / 35 verified reports
Over 100 journalists lose jobs at public broadcasters
“This report highlights the extent of the ongoing political cleansing of the public media since the new media law was passed in early January.” – Martha Otwinowski
Germany / 74 verified reports
Journalist stops blogging after threats from right-wing extremists
“The MMF platform lists numerous incidents where German journalists have been threatened or physically assaulted by right-wing extremists over the last two years. This incident stands out as a case of severe intimidation that resulted in silencing the journalist altogether.” – Martha Otwinowski
Belgium / 19 verified reports
Press asked to respect lockdown during anti-terrorism raids
“On 22 November 2015, the Belgian authorities asked the press to refrain from reporting while a big anti-terrorist raid was taking place in Brussels. While understandable, this media lock-down raised questions for press freedom and underlined the difficulties of reporting on terror attacks and anti-terror operations.” – Valeria Costa-Kostritsky
Luxembourg / 2 verified reports
Investigative journalist on trial for revealing Luxleaks scandal
“This Luxleaks-related case is the only violation we have become aware in Luxembourg over the period (which is not to say that no other cases occurred). Along with two whistleblowers, a journalist was prosecuted by PricewaterhouseCoopers and accused of manipulating a whistleblower into leaking documents. This is a good example of the threat the notion of trade secrets can represent to journalism.” – Valeria Costa-Kostritsky
Ukraine / 127 verified reports
Website leaks personal information of more than 4,000 journalists
“This incident shows how fragile the media freedom and personal data of journalists are in armed conflict. Even after a great international scandal, the site continues to break the legislation and publishes new lists. It has been operating for two years already and those involved in its activities go unpunished. It seems that the post-Maidan Ukraine has simply ‘no political will’ for this.” – Tetiana Pechonchyk
Crimea / 18 verified reports
Journalists’ homes searched, criminal case filed
“This report shows the everyday life of independent journalists working on the peninsula. Only a few critical voices are still remaining in Crimea while the majority of independent journalists were forced to leave the profession or to leave Crimea and continue their work on the mainland Ukraine.” – Tetiana Pechonchyk
Spain / 49 verified reports
Journalist fined for publishing photos of arrest
“The latest issue for the Spanish media is the Public Security Law, introduced in June 2015, which among other things limits space for reporters. The law prohibits the publication of photo and video material where police officers may be identified, unless official state permission is obtained. This was the first case of a journalist being fined by the new law.” – Miho Dobrasin
Belarus / 47 verified reports
Journalist beaten by police, detained and fined for filming police attacks
“The story has ended in impunity: a criminal case was not even filed against the police officers who had beaten the journalist.” – Volha Siakhovich
Latvia / 12 verified reports
Latvia and Lithuania ban Russian-language TV channels
“This was the beginning of a disturbing tendency to react with rather futile gestures against Russian television channels. The bans are not so much against the media, as telling the audience that the authorities, not the public, will decide what Latvian viewers may or may not see or hear.” – Juris Kaža
Serbia / 110 verified reports
Investigative journalists victim of smear campaign
“You have to be very brave to launch a new investigative journalism portal in Serbia and expose corruption and organised crime involving government officials. That is why the launch of KRIK in early 2015 has been so important for media freedom, but at the same time so dangerous for its journalists. Smear campaigns like this by pro-government tabloid Informer are a relatively new but common method in the Balkans to scare journalists off.” – Mitra Nazar
Mapping Media Freedom
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Journalists have been murdered and burned in effigy. Reporters have been publicly discredited by government officials, prosecuted for under anti-terrorism laws and excluded from public meetings on the refugee crisis. We’ve even recorded journalists being menaced with mechanical diggers.
Mapping Media Freedom launched to the public on 24 May 2014 to monitor media censorship and press freedom violations throughout Europe. Two years on, the platform has verified over 1,800 incidents, ranging from insults and cyberbullying to physical assaults and assassination.
“The original impetus behind the project was to uncover everyday attacks on press freedom in Europe. The database has given Index, its partners and policy makers a highly unnerving look at the ways journalists are barred, attacked or even murdered simply for doing their jobs,” Hannah Machlin, project officer for Mapping Media Freedom, said.
The project has been granted renewed funding by the European Commission.
“The strength of Mapping Media Freedom is that it provides an ongoing narrative about the state of press freedom in the European region. It is gratifying that the European Commission values its contribution to the project by renewing its funding for a third year,” Melody Patry, senior advocacy officer, Index on Censorship said.
Over the period of coverage, Mapping Media Freedom has released periodic reports on the verified incidents. In the first quarter of 2016, the project received a total of 301 violations of press freedom to the database, a 30% rise over the fourth quarter of 2015. Earlier reports documented similar trends: February 2016, October 2015, May 2015 and December 2014.
The platform — a joint undertaking with the European Federation of Journalists and Reporters Without Borders and partially funded by the European Commission — covers 40 countries, including all EU member states, plus Albania, Belarus, Bosnia, Iceland, Kosovo, Macedonia, Montenegro, Norway, Russia, Serbia, Turkey, Ukraine and Azerbaijan. In September 2015 the platform expanded to monitor Russia, Ukraine and Belarus and in February 2016 into Azerbaijan. Since launching in May 2014, the map has recorded over 1,800 violations of media freedom, as 17 May 2016. Each report is fact checked with local sources before becoming publicly available on the interactive map.
Mapping Media Freedom works in conjunction with the Council of Europe’s platform about the safety and protection of journalists, provides resources for researchers and information for journalists. It is also affiliated with European Youth Press, Media Legal Defence Initiative, Human Rights House Kiev, Ossigeno per L’Informazione, Osservatorio Balconi e Caucaso and the European Centre for Press and Media Freedom.
Mapping Media Freedom
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In early April 2016, major Hungarian news website vs.hu began publishing less than normal. On 25 April a dozen journalists, including editor-in-chief Olivér Lebhardt, resigned. While the newsroom is still functioning, its future is yet to be decided by its owners, according to daily newspaper Népszabadság.
The mass resignation was prompted by revelations that the site, owned by New Wave Media (NWM), had received funding from foundations established by the Hungarian National Bank, the country’s central bank. The financing totaled more than 500 million HUF ($1.8 million).
NWM is owned by Czech company Bawaco Invest, which, Hungarian news site 444.hu reported, can be linked to Tamás Szemerey, a cousin of the central bank’s governor, György Matolcsy. The company issued a statement denying Szemerey’s ownership, according to the Financial Times.
The educational foundations were established in 2014 by Matolcsy, a politician allied to Hungarian prime minister Viktor Orbán. The foundations were endowed with over 314 billion forints ($1.1 billion) of central bank funding that was then invested in government bonds, Reuters reported.
The finances of these foundations were kept secret, but after a ruling from the country’s constitutional court in March, their contracts were published on 22 April 2016. Since then, the press has delighted in revelations of the foundations’ profligacy, The Economist wrote. The bank’s foundations spent money on real estate and artworks, as well as funding web projects covering social and economic issues.
“I was informed by the editor-in-chief a day before [the NWM disclosures], on Wednesday 21 April 2016,” Attila Bátorfy, one of the journalists who resigned told Index on Censorship. “That day there was a meeting, where István Száraz, the CEO of the publishing company deferred to answer the journalist’s questions. Then on Friday, he was talking about only a couple hundred of million HUF, but we knew there would be a huge scandal.”
On the evening of 23 April the first articles about the foundations’ spending were published. The next day vs.hu journalists issued a joint statement saying that while some of them knew that part of their editorial projects were sponsored by the bank’s foundations, they had no knowledge of the extent of the financing, Bátorfy recalled.
“We are also surprised and shocked by the data published by the foundations,” the journalists wrote. The editorial team said that there was no interference with the content of the articles — even in projects that were sponsored.
“On that Saturday evening, we held an emergency meeting in my apartment. About 15 colleagues were present, and we talked about the minimal requirements we, as journalists, expect from our publisher, to consider continuing our work at vs.hu. We had no opportunity to present these demands, because in his opening speech the CEO made it clear that the situation is beyond hope,” Bátorfy recalled.
“Journalists started to hand in their resignations. Those working for the politics, economy, culture and multimedia sections said the situation made their work impossible, they lost credibility, and there is no reason to continue,” he told Index.
Bátorfy, who had worked for vs.hu for three months, said that he had accepted the role after he was told that the site was financed by private and state advertising and money from the owner.
In the wake of the revelations, the Editor-in-Chief’s Forum issued a statement asking parliament to pass a law that would require the transparent disclosure of ownership and state funding of media outlets. “This would be beneficial to the market transparency, and would decrease the defenselessness of the media workers,” the group said.
Hungary’s ruling conservative Fidesz party has been making changes to the country’s media market since it came to power in 2010. Most recently the government cut funding to culture magazines. In 2015 Hungarian public media laid off scores of journalists as its funding was cut, according to reports on MMF. In the case of Hungarian private TV station RTL Klub, an ongoing conflict led to a ban of its news reporters and the dismissal of the television network’s CEO. Observers like 2014 Index award-winning Tamás Bodoky have noted that government advertising contracts have been used as a “powerful censorship instrument”.
Access to information was restricted through a series of amendments in the freedom of information law in July 2015, but the free movement of journalists in the parliament building was also strictly regulated. As a consequence, journalists trying to ask questions about the National Bank scandal were banned from the Parliament.
On Tuesday 26 April 2016, a number of media outlets received notes from House Speaker László Kövér, in which the Fidesz politician informed them that their journalists were barred from entering the building for “filming without a permit” and “consciously breaking the rules”. The ban came a day after journalists attempted to question Fidesz politicians, including Orbán and Kövér. While journalists and camera crews followed MPs, they entered into a secure area that was out of bounds to members of the press.
The editor-in-chief of Népszabadság newspaper (nol.hu), András Murányi, wrote a response to the letter: “I can assure you that Népszabadság had no intention of breaking the rules. The goal of journalists working at Népszabadság was to ask those who are elected and are paid representatives of the people questions regarding public affairs, and to publish their answers. As for answers – as we could see this time again – we seldom get any, as we are more and more prevented to act as free press in Parliament (…) lately we can only do our job in a constricted area,” Murányi said.
Mapping Media Freedom
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