Motion lodged in Scottish Parliament based on Index’s media freedom research

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A Scottish politician lodged a motion in the Scottish Parliament on 27 March on media freedom following Index on Censorship’s annual Mapping Media Freedom report, crediting its authors for “their continued endeavours to defend media freedom and protect journalists”.

Mapping Media Freedom, Index on Censorship’s project monitoring threats to media freedom in 42 European and neighbouring countries, recorded 1,089 violations in 2017. As the motion notes, a majority of these threats came from official or governmental bodies.

The motion, put forward by Andy Wightman MSP of the Scottish Greens, “deeply regrets” the loss of life of those journalists murdered throughout Europe in 2017 while conducting their duties: Maltese journalist, Daphne Caruana Galizia; Swedish freelancer, Kim Wall; Syrian investigative mother and daughter team based in Turkey, Orouba and Halla Barakat; and three Russian journalists, Nikolai Andrushchenko, Yevgeny Khamaganov and Dmitri Popkov.

The motion “condemns what it sees as the day-to-day challenges facing journalists who are seeking to hold power to account”, notes some of the most worrying trends throughout the year, including the assault of 178 journalists and the 367 instances of psychological abuse of journalists, and criticises the “deliberate silencing of people and organisations by economic, political or criminal interests” through civil litigation and other legal measures.

The motion received cross-party support from Scottish Green MSPs Ross Greer, Patrick Harvie and Mark Ruskell, SNP MSPs Kenneth Gibson and Mairi Gougeon, and Labour MSP Pauline McNeill.

“We are pleased that Mr Wightman has brought the important issue of media freedom to the Scottish Parliament,” said Index on Censorship chief executive Jodie Ginsberg. “Index is deeply concerned by the growing trend of threats to the media in the region and it is important politicians do their utmost to protect this fundamental pillar of democracy.”

You can read the full report, authored by Index on Censorship’s assistant online editor Ryan McChrystal, here.[/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:1522314174440-fa9adb32-fe93-2″ taxonomies=”6564″][/vc_column][/vc_row]

Mapping Media Freedom 2017 annual report

Mapping Media Freedom has been recording threats to press freedom since 2014, highlighting the need for protection for journalists. The project monitors the media environment in 42 European and neighbouring countries. In 2017 1,089 reports of limitations to press freedom were verified by a network of correspondents, partners and other sources based in Europe, with a majority of violations coming from official or governmental bodies.

Six journalists were killed during 2017; 178 reports of assault or injury were made; 220 media workers were detained or arrested; 193 reports included criminal charges and lawsuits; there were 367 reports of intimidation, which includes psychological abuse, sexual harassment, trolling/cyberbullying and defamation; in 113 incidents media professionals had their property vandalised or confiscated; there were 178 instances of journalists or sources being blocked; and journalists’ work was altered or censored 68 times.

Read the full report here.

Serbia: Minister sues KRIK over Paradise Paper leaks

[vc_row][vc_column][vc_column_text]Mapping Media Freedom

Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Serious threats verified by the platform in January indicate that pressure has not let up in 2018. Here are five recent reports that give us cause for concern.

Serbia: Minister sues KRIK over Paradise Paper leaks

A Serbian minister announced on 12 January that he is suing the Crime and Corruption Reporting Network (KRIK), nominees for the 2017 Index on Censorship Freedom of Expression Awards, over the publications reporting on offshore companies and assets outlined in the Paradise Papers, a set of 13.4 million confidential documents relating to offshore investments leaked in November 2017. 

Nenad Popovic, a minister without portfolio, was the main Serbian official mentioned in the leaked documents that exposed the secret assets of politicians and celebrities around the world. Popovic was shown to have offshore assets and companies worth $100 million.

“Serbian and Cypriot authorities have already launched lawsuits against various media workers so we’re particularly concerned that investigative outlets like KRIK are being sued for uncovering corruption of government officials,” Hannah Machlin, project manager, Mapping Media Freedom said. “Journalists reporting on corruption were repeatedly harassed, and in some cases murdered, in 2017, so going into the new year, we need to ensure that their safety is prioritised in order to preserve vital investigative reporting.”

KRIK was one of the 96 media organisations from over 60 countries that analysed the papers.

Cyprus: Suspended government official sues daily newspaper over leaks

In December 2017 suspended senior state attorney Eleni Loizidou sued the daily newspaper Politis, seeking damages of between €500,000-2 million on the grounds that the media outlet breached her right to privacy and personal data protection. The newspaper had published a number of emails Loizidous had sent from her personal email account that implied Loizidou may have assisted the Russian government in the extradition cases of Russian nationals.

On 10 January the District Court of Nicosia approved a ban which forbids Politis from publishing emails from Loizidou’s account which she claims have been intercepted.

The ban will be in effect until the lawsuit against the paper is heard or another court order overrules it.

United Kingdom: Iran asks to censor Persian language media content in the UK

On 4 January, the Iranian embassy in London asked the United Kingdom Office of Communications to censor Persian language media based in the UK. The letter said the media’s coverage of the protests had been inciting people to “armed revolt”.

The letter primarily focused on BBC Persian and Manoto. BBC Persian has previously been criticised by Iranian intellectuals and activists for not distancing itself sufficiently from the Iranian government.

Latvia: Russian journalist declared a “threat to national security”

A journalist who works for the All-Russia State Television and Radio Broadcasting Company (VGTRK) was branded a threat to national security on 4 January and ordered to leave the country within 24 hours after being detained.

Olga Kurlaeva went to Latvia planning to make a film about former Latvian president Vaira Vike-Freiberga. Kurlaeva had interviewed activists critical of Latvia’s policies towards ethnic Russians and was planning on interviewing other politicians critical of Latvian policies.

Two days earlier, her husband, Anatoly Kurlajev, a producer for Russian TV channel TVC, was detained by Latvian police and reportedly later deported to Russia. 

Azerbaijan: Editor claims alleged assault was fabricated to silence his newspaper

Elchin Mammad, the editor-in-chief of the online news platform Yukselis Namine, wrote in a public Facebook post on 4 January that he is being investigated for threatening and beating a newspaper employee.

Mammad wrote that the alleged victim, Aygun Amiraslanova, was never employed by Yukselis Namine and potentially does not exist. Mammad believes this is another attempt to silence his newspaper and staff.

Mammad was previously questioned by Sumgayit police in November about his work at the newspaper. The police told him that he was preventing the development of the country and national economic growth. [/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:1516702060574-c4ac0556-7cf7-1″][/vc_column][/vc_row]

Slapp: Shadowy legal actions are being used to silence the media

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Journalists who dare to investigate powerful people or companies are facing increasingly expensive legal threats to stop them publishing.

Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, was just one reporter who fought against these lawsuits. Strategic Litigation Against Public Participation (Slapp) lawsuits are not new nor are they limited to the media world, but they are incredibly powerful.

Daphne’s son Paul said: “Slapp lawsuits are designed to remove the truth from circulation by making it too expensive to assert. Malta’s political and business elite used them extensively against my mother Daphne Caruana Galizia who always stood her ground but, as an independent journalist, paid a heavy price in terms of stress, time wasted and money spent on her own defence.”

Leading freedom of expression advocates are worried about the power of these lawsuits and the way they are being used to stop publications.

Jodie Ginsberg, CEO of Index, said: “Having a media that is free to investigate corruption and abuse of power – and free to publish the results of those investigations – is fundamental to democracy. These vexatious lawsuits – deliberately aimed at preventing journalists from carrying out such work – must be stopped.”

Jonathan Price, a barrister with Doughty Street Chambers, said: “Media plurality and diversity are essential to a functioning democracy. But bloggers, citizen journalists, small-scale specialist publications and NGOs are most vulnerable to Slapp activity. A large corporate entity or wealthy individual is able to outspend and out-resource these independent media outlets well before any substantive court decision as to the merits of a particular case. All parties are aware of this inequality of arms, and just that simple awareness is enough to deter many small publishers from investigating and reporting on large corporates and wealthy individuals.

He added: “So there is the visible, practical censorship that is achieved by tying media organisations (of all sizes) up in spending time and money on possibly baseless litigation. And there is the self-censorship applied by the smaller publishers so as to avoid the dread of receiving a lengthy, highly aggressive letter from expensive libel lawyers.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]A small Maltese news outlet, The Shift News, is fighting against Slapps and campaigning for legal changes in Malta to give more protection to journalists covering public interest stories. Opposition MPs in Malta are seeking to use a private member’s bill to change the law to stop international lawsuits being used to prevent Maltese journalists covering stories.

This comes after The Shift News was threatened with a lawsuit for an article about the alleged involvement in a scandal by the company Henley and Partners, which has been awarded a multi-million dollar contract to act as agent for a scheme through which  Malta makes European citizenship available. Henley and Partners threatened legal action against The Shift in the UK and the US unless an article about the company’s alleged involvement in a passports-for-cash scandal in Grenada was removed. Henley and Partners deny any wrongdoing. The Shift News refused and instead published the threatening letter.

These kind of lawsuits are a problem in other countries too. For example, Albanian investigative journalists Besar Likmeta and Aleksandra Bogdani were sued for defamation by an influential judge and his wife. The journalists work for reporter.al, an investigative reporters’ platform in the Albanian language.

Fighting such lawsuits is extremely expensive – far too much for all but the largest media outlets. The result is censorship doled out by those with money: news and articles fail to appear, without anyone realising what has happened. Journalists are even told they must not mention these lawsuits or they will face further legal action.

A cross-party group of MEPs are now calling for new EU legislation to deter such lawsuits. “We are committed to the protection of investigative journalists and media freedom across the EU and will pursue this issue until Anti-Slapp EU legislation is in place,” they said.

Flutura Kusari, legal advisor to the European Centre for Press and Media Freedom, said that “in a Slapp lawsuit, the plaintiff does not aim to win a case, rather than to intimidate and discourage reporters from further reporting by placing them in long and costly judicial processes”.

There are some signs that the European Parliament is worried about the problem in a damning report recently published after a delegation of MEPs visited Malta. It identified many failings, including concerns about the effectiveness of the fight against corruption, with few investigations resulting in criminal prosecutions, and the weak implementation of anti-money laundering legislation. “The brutal assassination of Daphne Caruana Galizia was aimed at instilling fear in everyone, especially those involved in investigating and prosecuting cases of money laundering and corruption,” it said.

This is not just a problem in Europe, but in the USA there is some protection for journalists against vexatious legal actions. According to the Reporters Committee for Freedom of the Press, some US states, including California, Georgia and Texas, have laws that discourage lawsuits.

The use of expensive lawsuits to stop journalists reporting a story with a strong public interest is not a new tactic, but we must redress the balance against media investigations.

Joy Hyvarinen is head of advocacy at Index on Censorship[/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:1516373343229-cbca273b-69ee-8″ taxonomies=”18782″][/vc_column][/vc_row]