8 Dec 2020 | Media Freedom, News and features, Slapps, Sweden
[vc_row][vc_column][vc_single_image image=”115804″ img_size=”full”][vc_column_text]Index on Censorship has joined with other press freedom organisations to strongly condemn the legal action that has been filed at the London High Court against the Swedish business and finance publication, Realtid, in connection with their investigation on the financing of energy projects involving a Swedish businessman.
We, along with Reporters Without Borders, Article 19, Media Defence and European Centre for Press and Media Freedom (ECPMF), are concerned about the use of litigation tactics to intimidate journalists into silence. The organisations consider the case, which was filed in November, to be a strategic lawsuit against public Participation (Slapp), which is aimed at intimidating publications, and the journalists who write for them, into silence.
Realtid is being sued by Svante Kumlin, a Swedish businessman, domiciled in Monaco. Realtid had been investigating Kumlin’s group of companies, Eco Energy World (EEW), ahead of an impending stock market launch in Norway, a matter of clear public interest. The investigation began in September when Realtid’s reporters wrote about another stock market launch and discovered off-market sales of shares in EEW. Prior to publishing, the journalists contacted the company for an interview and for reply but did not receive a response.
In October, after publishing the report, the journalists once more tried to contact the people behind the company, including Kumlin to exercise their right of reply. After Kumlin declined to be interviewed, the journalists sent 14 questions that Kumlin could answer in writing, but Kumlin answered that his legal counsel “will respond to you directly”.
This was followed by several emails and attached letters from both a law firm in the United Kingdom, TLT Solicitors, and from Monaco, Gardetto. The firms threatened legal action in both countries if Realtid continued to investigate and to publish its investigations into the company and its owners.
On 20 November, Kumlin and TLT Solicitors filed a defamation lawsuit at the High Court in London against Realtid, its editor-in-chief and the two reporters behind the story.
In their letters the lawyers accuse the editor-in-chief, Camilla Jonsson, and the reporters, Per Agerman and Annelie Östlund, of defamation for publishing false information, and breaching a non-disclosure agreement by sharing, what the lawyers claim to be, confidential information. They also claim that Realtid violated Swedish press ethics and laws. If the latter claim is accurate, there are existing procedures to handle the case through the Swedish Media Ombudsman.
It is our assessment that it is inappropriate to threaten the magazine and the journalists with legal action in two jurisdictions, including by citing large fines and prison sentences.
“The fact that investigative journalists in Sweden, publishing in Swedish, for a Swedish readership could be inundated with threatening legal letters from other jurisdictions is outrageous,” said Jessica Ní Mhainín, senior policy and advocacy officer at Index on Censorship. “Realtid’s courage in the face of these threats has been incredible, but whether or not a newsworthy investigation is published shouldn’t come down to individual courage. We need to put an end to Slapps with legislation.”
“The email conversations between the lawyers and Realtid are unpleasant reading”, says Erik Halkjaer, president of Reporters Without Borders Sweden (RSF Sweden). “It is obvious that these types of legal threats, or Slapps can be used as a threatening tool, as sharp as any weapon, to silence journalists. I strongly condemn the actions of Kumlin, who should know better. The people at Realtid should know that they have our and several other Swedish organisations strong support in this.”
Despite the continuous threats, Realtid has continued its solid journalistic investigations. Between 29 September and 13 November, the newspaper published ten articles on this investigation. Kumlin repeatedly declined to answer questions, despite the reporters having digital recordings and public documents proving the content of their articles.
“We know that over half of the cross-border Slapp suits facing journalists from Europe emanate from London. As anti-Slapp measures are being introduced in Brussels, there is an urgent need for the UK to reform its plaintiff-friendly system in line with its stated commitments to uphold and promote media freedom globally,” said Sarah Clarke, head of Europe for Article 19.
After taking an interest in the coverage of Realtid, the Norwegian financial paper Dagens Naeringsliv started its own investigation on the same story. Shortly after doing so, they too were contacted by TLT Solicitors, who used their legal action against Realtid to issue similar threats.
“Investigative journalism is essential to holding people in positions of power and responsibility to account. Journalists who do this work should not be subject to aggressive legal claims in plaintiff-friendly jurisdictions designed to intimidate and oppress. Any dispute between the parties should be resolved before the appropriate forum, in Sweden,” said Padraig Hughes, legal director of Media Defence.
Norway and Sweden are ranked 1st and 4th out of 180 countries in RSF´s 2020 Press Freedom Index. The United Kingdom is ranked 35th out of 180.
For press inquiries contact:
Jessica Ní Mhainín, [email protected];
Erik Halkjaer, [email protected];
Sarah Clarke, [email protected] [/vc_column_text][/vc_column][/vc_row]
1 Dec 2020 | India, Iran, Media Freedom, News and features, Pakistan, Russia, Saudi Arabia, Turkey, United Arab Emirates
[vc_row][vc_column][vc_row_inner][vc_column_inner width=”1/2″][vc_hoverbox image=”115781″ primary_title=”Aasif Sultan” hover_title=”Aasif Sultan” hover_background_color=”black” el_class=”text_white”]Aasif covers human rights for the Kashmir Narrator and was jailed for two years in August for alleged involvement in “harbouring known terrorists”[/vc_hoverbox][/vc_column_inner][vc_column_inner width=”1/2″][vc_hoverbox image=”115782″ primary_title=”Golrokh Emrahimi Iraee” hover_title=”Golrokh Emrahimi Iraee” hover_background_color=”black” el_class=”text_white”]Jailed for six years in 2016 for writing about the practice of stoning in Iran and “insulting Islamic sanctities”[/vc_hoverbox][/vc_column_inner][/vc_row_inner][vc_empty_space][vc_row_inner][vc_column_inner width=”1/2″][vc_hoverbox image=”115743″ primary_title=”Hatice Duman” hover_title=”Hatice Duman” hover_background_color=”black” el_class=”text_white”]Hatice Duman is the former editor of the banned socialist newspaper Atılım, who has been in jail in Turkey since 2002[/vc_hoverbox][/vc_column_inner][vc_column_inner width=”1/2″][vc_hoverbox image=”115783″ primary_title=”Khaled Drareni” hover_title=”Khaled Drareni” hover_background_color=”black” el_class=”text_white”]Khaled was jailed for three years in Algeria in August for covering the Hirak protest movement[/vc_hoverbox][/vc_column_inner][/vc_row_inner][vc_empty_space][vc_row_inner][vc_column_inner width=”1/2″][vc_hoverbox image=”115780″ primary_title=”Loujain al-Hathloul” hover_title=”Loujain al-Hathloul” hover_background_color=”black” el_class=”text_white”]Loujain is a women’s rights activist known for her attempts to raise awareness of the ban on women driving in Saudi Arabia, where she remains in jail[/vc_hoverbox][/vc_column_inner][vc_column_inner width=”1/2″][vc_hoverbox image=”115741″ primary_title=”Yuri Dmitriev” hover_title=”Yuri Dmitriev” hover_background_color=”black” el_class=”text_white”]Yuri has been targeted for his work in identifying the graves of victims of Stalinist terror and has been jailed on baseless charges of sexual assault by the authorities[/vc_hoverbox][/vc_column_inner][/vc_row_inner][vc_empty_space][vc_column_text]2020 has been a terrible year for the world.
Unfortunately, for some human rights activists, free speech supporters and journalists, 2020 is just yet another year they have spent in prison, incarcerated on trumped-up charges for speaking out against the actions of authoritarian regimes.
As 2020 comes to a close, we want them to know that no matter how long they have been in jail, they have not been forgotten.
We have chosen six people whose plights must not be forgotten as part of our new #JailedNotForgotten campaign.
Early in 2021, we will send cards containing messages of support from the Index team but we are also asking for you to stand in solidarity with them. Please use the form below to personalise your message to the chosen six:
- Aasif Sultan, who was arrested in Kashmir after writing about the death of Buhran Wani and has been under illegal detention without charge for more than 800 days;
- Golrokh Emrahimi Iraee, jailed for writing about the practice of stoning in Iran;
- Hatice Duman, the former editor of the banned socialist newspaper Atılım, who has been in jail in Turkey since 2002;
- Khaled Drareni, jailed in Algeria for ‘incitement to unarmed gathering’ simply for covering the weekly Hirak protests that are calling for political reform in the country;
- Loujain al-Hathloul, a women’s rights activist known for her attempts to raise awareness of the ban on women driving in Saudi Arabia;
- Yuri Dmitriev, a historian being silenced by Putin in Russia for creating a memorial to the victims of Stalinist terror and facing fabricated sexual assault charges.
Add your message of support using the form below.
You can also sign up to receive our weekly newsletter, which features news relating to freedom of expression issues around the world. You do not need to sign up to this to send a message. [/vc_column_text][gravityform id=”50″ title=”false” description=”true” ajax=”false”][/vc_column][/vc_row][vc_row][vc_column][vc_single_image image=”115746″ img_size=”full” onclick=”custom_link” link=”http://www.indexoncensorship.org/donate”][/vc_column][/vc_row]
1 Dec 2020 | Media Freedom, News and features
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Today Index on Censorship is publishing “Slapped down: Six journalists on the legal efforts to silence them”, a report that includes the testimonies of journalists from across Europe, who have faced legal threats and actions as a result of their work.
“What the report shows is the ease with which the law can be used to intimidate those who are reporting in the public interest,” said senior policy research and advocacy officer Jessica Ní Mhainín, who has been leading Index’s Slapps work. “It demonstrates the impact that is has on journalists, both personally and professionally, and the chilling effect it can have on the press freedom more broadly.”
The publication of Index’s report coincides with the publication of “Protecting Public Watchdogs Across the EU: A Proposal for an EU Anti-SLAPP Law”. The proposed law is endorsed by 60 organisations, including Index on Censorship. If implemented, it would ensure that Slapps are dismissed at an early stage, that litigants would have to pay for abusing the law, and that Slapp targets would be provided with support to defend themselves.
“As it stands, whether or not an investigation about a powerful or wealthy entity comes to light relies in large part on a journalist’s courage and the good-will of the media outlet publishing their work. Are they willing to risk being sued?,” said Ní Mhainín. “Why are we allowing the fulfilment of such an important public service to be a potential risk? Why are we not providing more support to those whose work is so critical to our democracies?”
“We need an EU anti-Slapp directive to protect these watchdogs, whose work helps to hold the powerful to account and to keep our democratic debate alive.”
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26 Nov 2020 | News and features
[vc_row][vc_column][vc_single_image image=”115664″ img_size=”full”][vc_column_text]Index on Censorship has launched an interactive tool aimed at helping journalists to understand whether the legal threats or actions they are facing could be considered a Slapp action. The assessment is based on the journalist’s answer to 13 questions about their case.
“Some journalists who are facing vexatious legal threats or actions might be wary about sharing details about the case beyond their immediate circle, including with media freedom organisations, for fear it might aggravate their legal situation,” said senior policy research and advocacy officer Jessica Ní Mhainín, who has been leading Index’s Slapps work.
“This tool helps journalists to quickly and easily understand whether the threats or action they are facing might be considered a Slapp while remaining completely anonymous.”
“We hope that this tool will empower journalists to make an informed decision about what action they want to take if they are advised that they are likely to be facing a Slapp,” Ní Mhainín said. “If they are facing a potential Slapp, we would advise them to seek support. Ultimately, the best way to defeat a Slapp is to make it backfire – to refuse to be silenced.”
The launch of the tool is part of the wider #StopSlapps campaign.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_btn title=”Launch the Slapps tool” color=”danger” size=”lg” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2Fam-i-facing-a-slapps-lawsuit%2F”][/vc_column][/vc_row]
