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There are times when it feels that the earth is shifting upon its axis. When the gravitational pull of events is so strong that our news curves towards it. Moments when even the light of truth gets sucked towards the darkness caused by war. Although some will try to look away, they soon discover that there is no way of doing so: the sorrow, the heartache and suffering forbids our humanity to ignore.
The current war in the Middle East is one such event. As it continues to rightly dominate global news, we need to ensure that tyrants aren’t ramping up their attacks on their citizens while the world is looking elsewhere. The role of Index on Censorship is to try and provide a telescope to the public so they can witness where their values are under attack. Failure to do so would only secure further silence for those campaigning for freedom of expression.
That’s why this week I want to highlight some of those stories you may not have heard, but so desperately need to be told.
Freedom of expression abuses continue in India. It has become clear that the Indian authorities are using counterterrorism law and financial regulations to silence journalists, human rights defenders, activists and critics of the government, including 12 international human rights groups. At the start of October, the authorities arrested the editor of NewsClick, Prabir Purkayastha and human resources chief Amit Chakravarty. This was quickly followed by the government raids on 46 journalists associated with the news outlet. A depressing spiral of acts are being committed by the Indian authorities and any criticism of the Modi government is met with the heaviest of action.
The bombing of Syrian cities by Russia continues as they seek to shore up the Assad regime. A two-year-old child was killed in a Russian air attack on a family home in the village of Jaftallak Haj Hamoud, north of Jisr al-Shughour, according to the Civil Defence organisation and confirmed by medics and local reports. In a nation where news is so tightly controlled it’s important that we share these stories, as the actions of Putin around the world only deliver misery.
Only a week after a huge earthquake, Afghanistan is now faced with another. The epicentre is thought to have been just outside Herat, ending hopes of further rescues and a humanitarian crisis will continue to deepen in a country where rights, freedoms and liberties have all but disappeared following the fall of Kabul. More than 90% of the people killed in the last earthquake were women and children with the death toll expected to be over 2,000 people.
India, Afghanistan, Syria: three nations who are faced with immense struggles. Some caused by natural disaster, others human-inflicted. But the commonality remains the same. Little or no freedom of expression in these nations hampers our ability to understand and help those in need.
Now more than ever these people need to be heard and Index will always speak up for those without a voice.
On the sixth anniversary of the murder of Maltese investigative journalist Daphne Caruana Galizia, we, the undersigned organisations, renew our calls for Maltese authorities to bring to justice all those responsible for her killing and to implement in full the recommendations of the public inquiry into her assassination.
Caruana Galizia, who rose to prominence through her anti-corruption investigations and blogs, was killed by a car bomb in Malta on October 16, 2017. Three men have been convicted for the journalist’s murder and three other suspects await trial.
After pressure from the Caruana Galizia family and civil society, a public inquiry was set up in 2019 to investigate the circumstances that led to her death.
In its 2021 report, the public inquiry found the state had to “shoulder responsibility” for Caruana Galizia’s murder because it had created an “atmosphere of impunity” and failed to take reasonable steps to protect her. It found that the journalist’s assassination was predictable and preventable due to the collapse of the rule of law in Malta and made detailed recommendations for the authorities, including to create a safer environment for journalists.
For the last two years, our organizations have repeatedly drawn attention to the lack of progress in implementing the public inquiry’s recommendations to safeguard the media and improve journalists’ safety.
The Daphne Caruana Galizia Foundation has also repeatedly denounced the failure of Maltese authorities to address the corruption and abuse of power exposed by Caruana Galizia and other investigative journalists, which still contribute to an environment of insecurity that puts reporters at risk.
Yet again, we call for the strengthening of three proposed laws aimed at improving media safety so as to meet international standards on the protection of journalists, including the government’s watered-down anti-SLAPP legislation.
Maltese authorities should mark the sixth anniversary of Caruana Galizia’s death by making unequivocal statements in support of full justice for her murder, committing to implement the public inquiry’s recommendations, and guaranteeing a transparent consultation on pending legislation with the involvement of international media experts and civil society.
Signed:
ARTICLE 19 Europe
Association of European Journalists
Committee to Protect Journalists
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists
IFEX
Index on Censorship
International Federation of Journalists
International Press Institute
OBC Transeuropa (OBCT)
PEN International
Reporters Without Borders (RSF)
Transparency International EU
The threats to freedom of expression are multifaceted and seem to be coming from all directions. Every day we hear about a new international threat to freedom of expression, a new SLAPP or a new campaign to silence or cancel. These threats are compounded by those who are seeking to spread misinformation and propaganda campaigns to shape the national and international narrative to suit their purposes.
From the dark recesses of the internet and the spread of deep fake videos to trolls spreading disinformation and national governments, usually the tyrants, attempting to control information sources and restricted access to media.
However, we expect protections against these threats from our democratically elected leaders and the countries that they run. Take the United States, with all the protections afforded by the First Amendment. Donald Trump and his administration unfortunately never seem to have got the memo. As president he attacked the media every day and undermined the cross-party consensus that has afforded journalists protection for over 200 years. And he hasn’t changed his stance since he left office, attacking mainstream media outlets who dare to do their job and challenge his version of reality.
And this week he has taken these attacks a step further, threatening to withdraw the licences of those media outlets he perceives to be critical of him should he be reelected in the 2024 presidential election. He literally threatened to shut them down, naming NBC and MSNBC as his initial targets.
It’s not even clear that the President has the power to do this. But the threats alone are enough to undermine media freedom in the US.
In Trump’s eyes, critical media is dishonest, corrupt and lying. He’s even accused them of treason in his angry posts on TruthSocia, his own social media platform. This attitude towards the media has an incredibly damaging effect on democracy; we’ve seen it happen in country after country. Afterall it wasn’t too long ago that President Putin was referring to critical media in Russia as liars and traitors – and now there is no independent media left within Russia’s borders.
Can you imagine a situation in which NBC News and MSNBC have to operate outside the US’s borders? Sadly, Russia has shown us that the independent media can disappear in no time at all.
Independent journalism is a key element of every democracy. Journalists provide the ultimate check and balance to power. They can shine a spotlight on corruption and speak truth to power. And of course, with that power they have the responsibility to report the news objectively and impartially.
But in turn for their professionalism and impartiality we have a duty to support them against attacks from those with an agenda. Media freedom is the first defence of our democracy. We must all stand against Donald Trump’s ongoing threats and make it clear that media freedom is vital at home and abroad.
Over 60 editors, journalists, writers, publishers, academics and experts, including the CEOs of ITN and Pan Macmillan, as well as the editors of The Guardian, The Telegraph, The Sun, The Times and The Sunday Times, the Financial Times, Bloomberg, Private Eye, Tortoise and The Mirror have written to Justice Secretary Alex Chalk KC MP to request that a standalone anti-SLAPP Bill is included in the King’s Speech. The letter has been sent ahead of the King’s Speech on 7 November, in which the Government will outline its priorities for the forthcoming parliamentary session.
The Government has already committed to bring forward a package of measures that take aim at Strategic Lawsuits Against Public Participation (SLAPPs). Launching the commitment in July 2022, the former Justice Secretary, Dominic Raab said: “I’m announcing reforms to uphold freedom of speech, end the abuse of our justice system, and defend those who bravely shine a light on corruption.” However, over a year after that commitment was made there has been little progress towards universal protection against SLAPPs. While limited anti-SLAPP provisions have been included in a recent amendment to the forthcoming Economic Crime and Corporate Transparency Bill, this is only a partial victory.
“As an important part of the global financial system, it is vital that the UK ensures journalists and public watchdogs are able to continue their work without risking legal harassment. However, this amendment does not go far enough as it only covers claims relating to the ‘public interest in protecting society from economic crimes’” the signatories said in their letter to the Justice Secretary. “It also introduces an unnecessary element of uncertainty by making the operation of the law contingent on the belief of the defendant and the perceived purpose of the filer.”
As this King’s Speech is the last to take place during this Parliament and before the expected next general election, it is the last opportunity for this Government to realise its commitment to stamp out SLAPPs. The UK Anti-SLAPP Coalition’s Model Anti-SLAPP Law produced with support from leading legal and industry experts, provides a road map towards protecting public watchdogs from legal harassment. Index on Censorship is a co-chair of the UK Anti-SLAPP Coalition which coordinated and sent the letter.
“ITN supports this initiative as an organisation committed to ensuring that journalists can undertake public interest investigations without fear of harassment or financial penalty. ITN’s motto is to bring truth to life, which is based on 67 years of independent journalism, and the belief that stories we can trust empower us all. An Anti-SLAPP Bill would signal to the world that the UK proudly supports journalism that can ask difficult questions and hold power to account and ultimately improve the world we live in.”
Rachel Corp, CEO of ITN
“This campaign to address the misuse of libel laws to the detriment of serious journalism is gathering the momentum it deserves. This country is unique in the hurdles it presents for public interest investigations and the chilling effect of its law before stories are even published. Independent, fearless journalism comes at a premium and our laws should not be used as an additional obstacle to publication.”
Pia Sarma, editorial legal director at Times Newspapers Ltd
“Until there are serious legislative steps, taken by Parliament to address the abuse of the UK legal system to target journalists, it’s safe to assume those abuses will continue. My own case demonstrates the absurdity of the current situation, and inaction at this stage is nothing less than complicity in the further abuse of the UK legal system, and a sad reflection on the inability of the British government to take blindingly obvious action on protecting fundamental democratic principles.”
Eliot Higgins, founder of Bellingcat
“SLAPPs are a real and growing threat to democracy, and we will all benefit from protecting journalists against these abusive lawsuits.”
Paul Caruana Galizia, reporter at Tortoise
“Many victims of sexual violence already go through immense amounts of internalised shame, especially when failed by the justice system. As a result, social media is now often sadly our last hope to protect others from abuse. But now, when we finally dare speak, we’re punished by SLAPP threats that are designed to destroy. It’s not a fair fight.”
Nina Cresswell, journalist, writer and former SLAPP target
The letter and list of signatories are below. Alternatively click here to read a PDF version
Sent Electronically
Mr. Alex Chalk KC MP, Secretary of State for Justice
Rt. Hon. Rishi Sunak MP, Prime Minister of the United Kingdom
Rt. Hon. Lucy Frazer KC MP, Secretary of State for Digital, Culture, Media and Sport
Rt. Hon. James Cleverly MP, Secretary of State for Foreign, Commonwealth and Development Affairs
Ms. Shabana Mahmood MP, Shadow Labour Secretary of State for Justice
Rt. Hon. Alistair Carmichael MP, Liberal Democrat Spokesperson for Home Affairs, Justice and Northern Ireland
Mr. Chris Stephens MP, Shadow SNP Spokesperson (Justice)
Mr. Paul Philip, Chief Executive, Solicitors Regulation Authority
Mr. Mark Neale, Director-General, The Bar Standards Board
Mr. Matthew Hill, Chief Executive, Legal Services Board
Ms. Dunja Mijatović, Council of Europe Commissioner for Human Rights
Ms. Teresa Ribeiro, Organization for Security and Co-operation in Europe, Representative on Freedom of the Media
Ms. Irene Khan, United Nations Special Rapporteur on on the Promotion and Protection of the Right to Freedom of Opinion and Expression
20 September 2023
Dear Alex Chalk KC MP,
We call on you to include an Anti-SLAPP law in the King’s Speech
We joined the UK Anti-SLAPP Coalition in welcoming the UK Government’s commitment to address Strategic Lawsuits Against Public Participation (SLAPPs) and their impact on the British justice system. However, we remain concerned by the lack of meaningful progress since the announcement in July 2022. The inclusion of a commitment in the forthcoming King’s Speech to bring forward a standalone Anti-SLAPP Bill will be an unequivocal statement that the UK Government is committed to stamp out SLAPPs.
We support the anti-SLAPP amendment to the Economic Crime and Corporate Transparency Bill as a significant step in the right direction to protect public interest reporting on economic crime. As an important part of the global financial system, it is vital that the UK ensures journalists and public watchdogs are able to continue their work without risking legal harassment. However, this amendment does not go far enough as it only covers claims relating to the “public interest in protecting society from economic crimes”. It also introduces an unnecessary element of uncertainty by making the operation of the law contingent on the belief of the defendant and the perceived purpose of the filer. The Government itself has acknowledged the current amendment as “the first step in cracking down on SLAPPs used to limit freedom of speech,” not the full realisation of its commitment.
Therefore, the next step must be a standalone Anti-SLAPP Bill to extend protections to everyone who speaks out in the public interest. The UK Anti-SLAPP Coalition has demonstrated how this can be done with their Model Law which we shared with your office last year. As a result, there is no reason why a standalone Anti-SLAPP Bill shouldn’t be included in the King’s Speech. Only with the fulfilment of a universally applicable law will the Government’s commitment be realised.
Many of the cases that have been monitored by the Coalition would have been unaffected by the proposed amendment. This includes the legal threat from the Russian warlord Yevgeny Prigozhin against Bellingcat founder Eliot Higgins, ENRC’s SLAPP action against journalist and author Tom Burgis and the defamation action brought against Nina Cresswell by her abuser after she bravely spoke out to protect other women, to name but a few. Cases like these demonstrate the need for an anti-SLAPP bill that protects everyone speaking out.
The Government will, in its own words, “set out further legislation beyond economic crime when parliamentary time allows.” This can only happen if an Anti-SLAPP Bill is included in the King’s Speech, which will outline the Government’s programme of work in the coming Parliamentary session. This would be the last opportunity to realise the commitment before the expected general election.
Addressing this issue has broad public and political support and represents a significant opportunity to protect free speech and shield British courts from abuse.
Kind regards,
Rachel Corp, CEO, ITN
Alison Phillips, Editor, The Mirror
Chris Evans, Editor, The Telegraph
Katharine Viner, Editor-in-Chief, The Guardian
Victoria Newton, Editor-in-Chief, The Sun
Paul Webster, Editor, The Observer
Roula Khalaf, Editor, The Financial Times
Tony Gallagher, Editor, The Times
Ben Taylor, Editor, The Sunday Times
John Micklethwait, Editor-in-Chief, Bloomberg
Ian Hislop, Editor, Private Eye
Alan Rusbridger, Editor, Prospect Magazine
Zanny Minton Beddoes, Editor-in-Chief, The Economist
Julian Richards, Managing Editor, openDemocracy
Oliver Duff, Editor-in-Chief, i
Rozina Breen, CEO, The Bureau of Investigative Journalism (TBIJ)
Drew Sullivan, Co-Founder, Organized Crime and Corruption Reporting Project (OCCRP)
Paul Radu, Co-Founder, OCCRP
Eliot Higgins, Founder, Bellingcat
James Harding, Founder & Editor, Tortoise
Franz Wild, Editor, TBIJ
Joanna Prior, CEO, Pan Macmillan
Arabella Pike, Publishing Director, HarperCollins UK
Dan Conway, CEO, Publishers Association
José Borghino, Secretary General, International Publishers Association
Michelle Stanistreet, General Secretary, National Union of Journalists (NUJ)
Sayra Tekin, Director of Legal, News Media Association (NMA)
Dawn Alford, Executive Director, Society of Editors
Gill Phillips, Editorial Legal Consultant, Guardian News & Media
Pia Sarma, Editorial Legal Director, Times Newspapers Ltd
Adam Cannon, Director of Legal, NGN
Sarah Baxter, Director, Marie Colvin Center for International Reporting
Rachel Oldroyd, Deputy Investigations Editor, The Guardian
Juliette Garside, Deputy Business Editor, The Guardian
Stewart Kirkpatrick, Head of Impact, openDemocracy
Chrissie Giles, Deputy Editor, TBIJ
Richard Sambrook, Co-Chair of the Board, TBIJ
Isabel Hilton, Co-Chair of the Board, TBIJ
Mark Stephens CBE, Partner, Howard Kennedy LLP
Matthew Jury, Managing Partner, McCue Jury and Partners
Caroline Kean, Consultant Partner, Wiggin
David Price KC
Rupert Cowper-Coles, Partner, RPC
Paul Caruana Galizia, Reporter, Tortoise
Oliver Bullough, Journalist and author
Peter Geoghegan, Journalist and author
Carole Cadwalladr, Journalist, The Observer
Catherine Belton, Journalist and author of Putin’s People: How the KGB took back Russia and then took on the west
Richard Brooks, journalist, Private Eye
Meirion Jones, investigative journalist
Sean O’Neill, Senior Writer, The Times
George Greenwood, Investigations Reporter, The Times
Clare Rewcastle Brown, Investigative Journalist and Founder, The Sarawak Report
Nina Cresswell, Writer and journalist
Matthew Caruana Galizia, Director, The Daphne Caruana Galizia Foundation
Jodie Ginsberg, President, Committee to Protect Journalists
Alexander Papachristou, Executive Director, Cyrus R. Vance Center for International Justice
Zelda Perkins, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
Dr Julie Macfarlane, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
James Nixey, Director, Russia and Eurasia Programme, Chatham House
Edward Lucas, Author, European and transatlantic security consultant and fellow at the Center for European Policy Analysis (CEPA)
John Heathershaw, Professor of International Relations, University of Exeter
Dr Tena Prelec, Research Associate, LSEE Research on SEE, LSE
Dr Peter Coe, Associate Professor in Law, Birmingham Law School, University of Birmingham
Thomas Mayne, Research Fellow, University of Oxford