9 January, 2016: An anti-PiS demonstration in Kraków by the Committee of the Defence of the Democracy calling for a free media. Credit: Shutterstock / praszkiewicz
Poland has undergone rapid changes since the right-wing Law and Justice party (PiS) won the overall majority in the Sejm, the country’s parliament, in October 2015, and independent media hasn’t been spared.
On the evening of 28 December, draft legislation to change the management of public media was submitted to the Sejm and hurriedly passed with little public discussion and despite the objections of EU and media monitoring watchdogs — including Index on Censorship. The bill was signed into law in early January 2016.
Crucial sections of the media law empowered the government to appoint editors-in-chief at public radio and stations, Polskie Radio and TVP, rather than holding an open competition for the roles. Furthermore, the law ended member rotation on public television’s watchdog committee and symbolically re-branded “public media” as “national media”.
Immediately after enacting the law, the government named Jacek Kurski — a long-standing PiS member who represented the party in the Sejm between 2005-2009 and in the European Parliament until 2014 — as the new chair of TVP. He promised a “fast recovery” of public media on taking the role.
In speaking about the law, PiS representatives have said that the media had been under heavy influence of the Civic Platform (PO), the former governing party. In an interview with the Catholic Radio Maryja and TV station Trwam, defence minister Antoni Macierewicz said: “PiS does not take freedom of speech away from anyone, it is much rather the opposite: it returns the freedom of speech to the majority of the population, which had been deprived of it.”
The electoral success of PiS has been used to frame the changes to the media law as an expression of the public will.
The national daily Gazeta Wyborcza, which in 1989 was the first newspaper published outside the control of Poland’s then-communist government, and its workforce took these changes very seriously and set up an advertising campaign focused on the new legislation.
The changes to the media law raise a fundamental issue for media aligned to the political left or centre, as well as those with pro-European or liberal positions: financing.
Paweł Grzegorczyk, editor-in-chief of the online portal jagielloński24, conducted an analysis of public funding channelled to media outlets in recent years. In an interview with the Association of Polish Journalists (SDP), he said that Gazeta Wyborcza is likely to face a challenging financial future. Regardless of which party is in power, media funding is “usually steered, while not exclusively, by political motives”, he added.
He noted that right-wing publishers, under PO rule, had received less funding both with regards to the amount of publications (only two between 2009-14) and monetary value, than publications closer to the former government. While overall figures are not published, Gazeta Wyborcza received PLN 5 million ($1,284,076) between 2010-2014. Grzegorczyk said it wouldn’t be unreasonable to see this amount diminish in future.
Since PiS gained a majority, advertising by state institutions has soared in a number of media aligned with conservative political viewpoints, and the oil refinery company Orlen is sponsoring some news programming on Telewizja Republika, according to Grzegorczyk.
Commentators have been cautiously optimistic about the changes to the media law, calling it an opportunity to shake up dysfunctional structures in public media. “It was never as bad with the TVP as it is now, and it will never be as bad again,” wrote Stefan Turszczynski, a journalist and SDP member. Jadwiga Chmielowska wrote that Polish television has been destroyed in a 20-year process and the new media law “constitutes a chance” for change. Despite the optimism, some TVP journalists have already been dismissed.
So far commentary has focused the media law’s effect on Polish TV because Poles, on average, watch 4.23 hours a day, a Europe-wide high.
The Press Freedom Monitoring Centre (CMWP) issued a statement appealing “to editors-in-chief of public stations to pay particular attention that personnel changes would exclusively be motivated by criteria of professionalism of certain journalists or media employees”, rather than be based on family relations or political considerations.
In an interview with news-servis.pl Witold Świetlik, chair of CMWP, appeared unconcerned about the changes given that “the public media have never been that good in Poland”, and had increasingly been influenced by the surroundings of former President Bronisław Komorowski. Something had to change, and Świetlik was hopeful to see more pluralism of opinion than there was on TVP previously. One example he cites is the TVP talk show hosted by journalist Tomasz Lis, who was one of the first to leave the station following the introduction of the new media law. While Świetlik’s “fundamental doubt” concerned the fact that a politician is now leading the TV station, he noted that Kurski has so far “set up a rather neutral and pluralistic composition”, while admitting that the workforce was, “of course, predominantly made up from journalists of the conservative media”.
The position heard directly from associates of the SDP on the state of Polish public TV was very negative prior to the new law being passed. Former TVP1 departmental editor-in-chief Ewa Urbanska argues that the leasing structure set up a few years back had a detrimental impact on quality of coverage while a large body of administrative staff continued to be supported by public money, and, crucially, any production was left to commercial firms.
Outside criticism of the media landscape in Poland is rejected by some, such as the lawyer and journalist Andrzej Draminski. He is amused by the agitation of “oppositional groupings and various committees in defence of one thing or another (here you can insert any title as this really does not make a difference)” and warns the opposition not to buy in to the “sudden”, shallow interest of the West, and instead to present arguments of their own, “so far as they have any”.
The issues affecting journalism in Poland predate the changes to the media law. The industry has been grappling with accusations of becoming too simple and partisan from its own professionals. Marek Placzewski from the SDP says while there have been a few notable exceptions, the general trend in the press has been to recount right- or left-wing arguments without an attempt to move beyond these narratives.
Freedom of the press has always been a pretty reliable litmus test for the state of any democracy. However, as Index on Censorship’s Mapping Media Freedom project shows, countries that are seen as traditionally open, with constitutions protecting freedom of expression, are currently rife with violations against the media.
“It is extremely troubling that media workers have been physically and sexually assaulted, arrested and denied access to key reporting areas in countries with strong democratic institutions,” Hannah Machlin, Index’s Mapping Media Freedom project officer, said. “We hope governments take action to prevent these types of violations from occurring at such a frightening rate.”
So far this year, Mapping Media Freedom has verified 61 media violations. Here are just five examples from the last fortnight that highlight some of the failures of these democracies to live up to their own standards.
1. Germany: Belgian TV reporter assaulted live on air
Just weeks after hundreds of women were sexually assaulted on the streets of Cologne, a journalist, Esmeralda Labye, was sexually assaulted while reporting from the Cologne carnival for Belgian TV station RTBF on 4 February. One man grabbed her breast and another kissed her neck while she was live on air.
“Two or three men gathered behind me and attempted to make themselves the centre of my attention,” Labye told The Guardian. “I was focusing on the broadcast, and then I felt a kiss on my neck.”
Writing for RTBF online, Labye condemned the “wretched and cowardly men” who assaulted her and complained of the increasing difficulty for female journalists to do their job without being harassed.
2. France: Proposed law will increase role of government’s media watchdog
On 4 February, plans to increase the role of the CSA — the French broadcast watchdog whose members are chosen by the government — as a guarantor of the independence of the media were discussed in the French National Assembly.
The French journalists’ union SNJ criticized the planned bill, written by a Parti Socialiste MP, stressing that the CSA is not independent from political influence. They wrote: “The CSA has no responsibility and legitimacy on matters related to the control of information or journalists. It should have none!”
3. Greece: Violent attack against journalist during anti-austerity demonstration
Protests against the Greek government’s plan to change its pension policy as part of the country’s third international bailout brought an estimated 40,000 people onto the streets of Athens and other cities, including journalists. On 4 February, Dimitris Perros, a journalist from the local radio station Athens 9,84, was violently attacked by unknown assailants while covering the demonstration. He was transported to the hospital with major injuries.
Newspapers reported that the attack was denounced in statements from across the political spectrum including Syriza,PASOK and the Greek Communist Party and the Journalist’s Union of the Athens Daily Newspapers. “The strangers who approached him asked him first if he is a journalist and when he answered affirmatively they started beating him with planks, while the police looked on,” the union stressed in an announcement.
4. The Netherlands: Journalists denied access to meeting on housing asylum seekers under “extremist” ban
On 28 January, several journalists were denied access to a citizens’ meeting about the possible creation of a new asylum seeker centre in the village of Luttelgeest, according to newspaper reports. An emergency regulation was issued to refuse journalists access to the meeting. The mayor also banned journalists from travelling within a radius of five kilometres of the village.
The Dutch Association of Journalists, the NVJ, condemned the measure saying that it was not the first time journalists have been banned. “It has happened many times now,” NVJ secretary Thomas Bruning said. “If journalists are denied access, they are obstructed from doing their job. This is alarming and should not happen in a democracy.”
5. Poland: Government uses defamation law to stop media critics
Even Europe’s youngest democracies are fighting off attacks on media freedom.
As Index on Censorship has previously reported, there is a growing trend in Poland of the government using defamation actions to stop criticism in the media. The most recent example, on 3 February, saw Poland’s ruling Law and Justice party, PiS, file a libel suit against the largest daily newspaper in the country, Gazeta Wyborcza about an opinion piece it disliked.
The article argued that PiS and Poland’s president Andrej Duda have behaved like a “mafia state” for pardoning former anti-corruption official Mariusz Kaminski, for abuse of power. Duda issued the pardon before Kaminski had exhausted the appeals process, a point that the author of the piece, Wojciech Czuchnowski, criticised in his opinion piece.
A recent audit by the bureau of internal affairs (BSW) has uncovered two informal press surveillance units of the Polish police that were set up to monitor journalists in connection with the “tape scandal” for one year between 2014-15.
The “tape scandal” refers to a series of secretly recorded conversations between leading political figures that occurred at a well-known restaurant in Warsaw.
As the daily Rzeczpospolita reveals, the surveillance units, made up of 29 policemen, were quickly formed following the publication of recordings of conversations in 2014. One of the units oversaw the tapping and infiltrating the journalists and their contacts while the second looked into whether secret services (ABW and CBA agencies) were at the root of the affair.
According to the weekly Newsweek Polska, around 80 individuals were allegedly under surveillance, including the families and lawyers of journalists reporting on the affair.
While the list of individuals watched by the police remains unpublished, it appears that Piotr Nisztor, who brought the taped conversations to light, as well as the wife of Sylwester Latkowski, the then-editor-in-chief of the weekly Wprost, are among them.
As various Polish sources reported, in order to by-pass the law, the surveillance was of “unknown persons” and within the parameters of other investigations. Evidence of the surveillance has apparently been destroyed, so all that remains as the basis of an investigation into the surveillance are notes.
The internal audit by the BSW was ordered by Zbigniew Maj, the new head of the department.
The Association of Polish Journalists (SDP) issued an appeal to the minister of internal affairs, Mariusz Błaszczak, for a continued investigation and preventive measures for the future.
While the surveillance in question undoubtedly took place during the PO Civic Platform party term of office (a party now in opposition), increased police power is something the new government seemingly welcomes: on 15 January, the PiS Law and Justice Party-dominated parliament approved legal changes that include the widening police powers for surveillance.
The attacks on the offices of satirical magazine Charlie Hebdo in Paris in January set the tone for conditions for media professionals in 2015. Throughout the year, Index on Censorship’s Mapping Media Freedom correspondents verified a total of 745 violations of media freedom across Europe.
From the murders of journalists in Russia, Poland and Turkey to the growing threat posed by far-right extremists in Germany and government interference in Hungary — right down to the increasingly harsh legal measures imposed on reporters right across the continent — Mapping Media Freedom exposed many difficulties media workers face in simply doing their jobs.
“Last year was a tumultuous one for press freedom; from the attacks at Charlie Hebdo to the refugee crisis-related aggressions, Index observed many threats to the media across Europe,” said Hannah Machlin, Index on Censorship’s project officer for the Mapping Media Freedom project. “To highlight the important cases and trends of the year, we’ve asked our correspondents, who have been carefully monitoring the region, to discuss one violation each that stood out to them.”
Belarus / 19 verified reports between May-Dec 2015 Journalist blocked from shooting entrance to polling station
“It demonstrates the Belarusian authorities’ attitude to media as well as ‘transparency’ of the presidential election – the most important event in the current year.” — Ольга К.-Сехович
Greece / 15 verified reports in 2015 Four journalists detained and blocked from covering refugee operation
“This is important because it is typical ‘attempt to limit press freedom’, as the Union wrote in a statement and it is not very hopeful for the future. The way refugees and migrants are treated is very sensitive and media should not be prevented from covering this issue.” — Christina Vasilaki
Hungary / 57 verified reports in 2015 Serbian camera crew beaten by border police
“These physical attacks, the harsh treatment and detention of journalists are striking because the Hungarian government usually uses ‘soft censorship’ to control media and journalists, they rarely use brute force.” — Zoltan Sipos
Italy / 72 verified reports in 2015 Italian journalists face up to eight years in prison for corruption investigation
“I chose it because this case is really serious: the journalists Emiliano Fittipaldi and Gianluigi Nuzzi are facing up to eight years in prison for publishing books on corruption in the Vatican. This case could have a chilling effect on press freedom. It is really important that journalists investigate and they must be free to do that.” — Rossella Ricchiuti
Lithuania / 9 verified reports in 2015 Journalist repeatedly harassed and pushed out of local area
“I chose it because I found it relevant to my personal experience and the fellow journalist has been the only one to have responded to my hundreds of e-mails — including requests to fellow Lithuanian journalists to share their personal experience on media freedom.” — Linas Jegelevicius
Macedonia / 27 verified reports in 2015 Journalist publicly assaults another journalist
“I have chosen this incident because it best describes the recent trend not only in Macedonia and my other three designated countries, Croatia, Bosnia and Montenegro, but also in the whole region. And that is polarization among journalists, more and more verbal and, like in this unique case, physical assaults among colleagues. It best describes the ongoing trend where journalists are not united in safeguarding public interest but are nothing more than a tool in the hands of political and financial elites. It describes the division between pro-opposition and pro-government journalists. It is a clear example of absolute deviation from the journalistic ethic.” — Ilcho Cvetanoski
Poland / 11 verified reports in 2015 Law on public service broadcasting removes independence guarantees
“The new media law, which was passed through Poland`s two-chamber parliament in the last week of December, constitutes a severe threat to pluralism of opinions in Poland, as it is aimed at streamlining public media along the lines of the PiS party that holds the overall majority. The law is currently only awaiting president Duda’s signature, who is a close PiS ally.” — Martha Otwinowski
Portugal / 9 verified reports in 2015 Two-thirds of newspaper employees will be laid off
“It’s a clear picture of the media in Portugal, which depends on investors who show no interest in a healthy, well-informed democracy, but rather in how owning a newspaper can help them achieve their goals — and when these are not met they don’t hesitate to jump boat, leaving hundreds unemployed.” — João de Almeida Dias
Russia / 37 verified reports between May-Dec 2015 Media freedom NGO recognised as foreign agent, faces closure
“The most important trend of the 2015 in Russia is the continuing pressure over the civil society. More than 100 Russian civil rights advocacy NGOs were recognized as organisations acting as foreign agents which leads to double control and reporting, to intimidation and insulting of activists, e.g., by the state-owned media. Many of them faced large fines and were forced to closure.” — Andrey Kalikh
Russia / 37 verified reports between May-Dec 2015 TV2 loses counter claim to renew broadcasting license Roskomnadzor
“It illustrates the crackdown on independent local media, which can not fight against the state officials even if they have support from the audience and professional community.” — Ekaterina Buchneva
Serbia / 41 verified reports in 2015 Investigative journalist severely beaten with metal bars
“It’s a disgrace and a flash-back to Serbia’s dark past that a journalist, who’s well known for investigating high-level corruption, get’s beaten up with metal bars late at night by ‘unknown men’.” — Mitra Nazar
Turkey / 97 verified reports in 2015 Police storm offices of Koza İpek, interrupting broadcast
“The raid on Bugün and Kanaltürk’s offices just days ahead of parliamentary elections was a drastic example — broadcasts were cut by police and around 100 journalists ended up losing their jobs over the next month — of how the current Turkish government tries to strong-arm media organisations.” — Catherine Stupp
Mapping Media Freedom
Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/
