27 Apr 21 | News and features, Northern Ireland, Slapps, Statements, United Kingdom
[vc_row][vc_column][vc_single_image image=”116630″ img_size=”full” add_caption=”yes”][vc_column_text]“We call on governments to translate their public commitments on the protection of journalism and safety of journalists into working realities backed up by effective safeguards,” Index on Censorship and thirteen other organisations say in the newly launched Annual Report of the Council of Europe Platform.
According to the report, a total of 201 media freedom alerts were published on the Platform in 2020, the highest annual total recorded in any year since the platform was launched in 2015. Online harassment, physical attacks, surveillance, and strategic lawsuits against public participation (SLAPPs) are among the themes covered in the report, which draws on the media freedom alerts that were submitted to the platform over the course of 2020.
Although the United Kingdom’s National Action Plan is cited as an example of good practice, the UK is primarily mentioned in less favourable contexts in the report. The UK is mentioned, alongside Russia and Italy, as having one of the highest numbers of reported attacks on the physical integrity of journalists. Northern Ireland is mentioned as a particular area of concern, as journalists continue to face violent threats there on a recurring basis.
The UK was also mentioned in the context of SLAPPs. In May and June 2020, five Maltese media outlets received letters from a UK-based law firm demanding the removal of articles under threat of legal action, and in November 2020 legal action was filed in London against Swedish outlet Realtid as a result of their investigative work. “The UK has been identified as the foremost country of origin of such vexatious actions, and this practice threatens to bring the UK and its legal profession into disrepute in the eyes of the world,” the report says.
“SLAPPs are just one of the issues that demand immediate attention from the UK and other Council of Europe member states, from the Council of Europe itself, and from the European Union,” said Jessica Ní Mhainín, Index’s Policy and Campaigns Manager, who was involved in the creation of the report. “We need to stand behind our independent journalists and to ensure that they can carry out their work without interference. We will not be able to protect our democracies, our rule of law, and our human rights if we cannot protect our free press.”[/vc_column_text][/vc_column][/vc_row]
23 Mar 21 | News and features, Slapps, Statements, Sweden
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Twenty-four organisations express their solidarity with the Swedish business and finance publication, Realtid, its editor, and the two journalists being sued for defamation in London. Realtid are due before the High Court tomorrow for a two-day remote hearing that will decide whether England and Wales is the appropriate jurisdiction for the case to be heard.
Realtid is being sued by Swedish businessman, Svante Kumlin, and his group of companies Eco Energy World (EEW), for eight articles that they published last year. Realtid had been investigating EEW ahead of an impending stock market launch in Norway, a matter of clear public interest. Prior to publication, the journalists contacted Kumlin and EEW to request an interview and reply, but neither were provided. In November 2020, Kumlin and EEW filed a defamation lawsuit at the High Court in London against Realtid, its editor-in-chief, and the two reporters behind the investigations.
“We are concerned about the use of litigation tactics to intimidate journalists into silence,” five international freedom of expression and media freedom organisations wrote in a statement last December, which condemned the legal action and deemed it a strategic lawsuit against public participation (Slapp). Slapps are a form of vexatious legal action used to silence public watchdogs, including journalists.
The hearing is expected to conclude at lunchtime on Thursday 25 March, but the judgement that will decide whether England and Wales is an appropriate jurisdiction for the case to be heard is likely to be reserved for a later date. Although Realtid is a Swedish-language outlet based in Sweden and Kumlin is domiciled in Monaco, Kumlin and EEW claim to have “significant business interests” in England that, they claim, provide sufficient grounds for the case being brought in the UK.
Ahead of the hearing we, the undersigned organisations, express our solidarity with Realtid. We are extremely concerned that this Slapp appears to be an effort to discredit the journalists and force them to remove their investigative articles.
Signed:
Index on Censorship
ARTICLE 19
Civil Liberties Union for Europe (Liberties)
European Centre for Press and Media Freedom (ECPMF)
IFEX
International Press Institute
OBC Transeuropa
Reporters without borders (RSF)
National Union of Journalists in the UK and Ireland (NUJ)
Justice for Journalists Foundation
Swedish Union of Journalists
Organized Crime and Corruption Reporting Project
Mighty Earth
PEN International
European Federation of Journalists (EFJ)
English PEN
Swedish PEN
Blueprint for Free Speech
Protect
Media Defence
International Media Support
The Daphne Caruana Galizia Foundation
Global Witness
Publicistklubben[/vc_column_text][/vc_column][/vc_row]
25 Feb 21 | Malta, News and features
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Daphne Caruana Galizia
A change of plea to guilty in a Maltese court this week by a man accused of being one of three hitmen who murdered investigative reporter Daphne Caruana Galizia in 2017 has brought hopes that her family may be one step closer to getting both answers about her assassination and justice.
On 16 October 2017, Caruana Galizia was assassinated by the triggering of an explosive device planted under her car seat outside her home in Bidnija, Malta. Her body was found by her son Matthew who said at the time, “I looked down and there were my mother’s body parts all around me”.
Caruana Galizia had been active for over thirty years as a journalist in the country and broke many exclusive stories around corruption on her Running Commentary blog, which remains on the web today as a testament to her tireless work.
Her work exposed corruption among politicians and business people in the country and their links with criminals outside the country’s borders which made her a target.
At the time of her death, Caruana Galizia had more than 40 lawsuits pending against her, which her son Matthew said were like a “never-ending type of torture” to his mother and which her sister, Corinne Vella, told Index the family were still facing even after her murder.
Since her death, there has been a renewed focus on Slapps (strategic lawsuits against public particiption) in Europe, in which Index on Censorship is playing a key role.
On Tuesday, Vincent Muscat, also known as Il Koħħu, changed his plea to guilty as he faced Judge Edwina Grima. Muscat, who had been accused of being one of the three hitmen who had conspired to kill Caruana Galizia, had asked for a presidential pardon two years ago but is now understood to have reached a deal with prosecutors to provide information about the murder.
Malta’s Newsbook has this week published details of the pardon, which required him to reveal the full story from being contracted to the murder itself, the identities of who planned the murder and who actually carried it out.
Muscat has now been given a 15-year sentence but has already spent three years in jail and could be out in seven years with remission.
The case against the other two alleged hitmen – brothers George and Alfred Degiorgio, known as “Ic-Ciniz” or the Chinese, and “Il-Fulu”, the Bean – will continue as a separate case.
The family’s lawyer, Jason Azzopardi, made a statement to the court following Muscat’s change of plea.
“A person who has admitted his involvement in the murder of Daphne Caruana Galizia has denied her her right to life and has denied her her right to enjoy her family, including her grandchildren who were born after she was killed,” the lawyer said.
“The macabre murder of Daphne Caruana Galizia was intentional and should have been prevented. The victim has paid with her life and her family is suffering the loss of their loved one.
“I have said all this because if Daphne Caruana Galizia’s family were to respond to this admission on the basis of emotion alone, it is obvious what their response would be.
“However, in the circumstances, and given that they were informed by the Attorney General about the process in this case, the family expresses the hope that this step will begin to lead to full justice for Daphne Caruana Galizia.”
On Wednesday, the day after the plea change, two men – Robert Agius, and Jamie Vella – were arrested on suspicion of supplying the bomb and complicity in the murder of Caruana Galizia, based on information believed to have been provided by Muscat as part of his pardon.
Malta’s prime minister Robert Abela said that the charges meant that there is evidence of the “rule of law in Malta”. However, Abela would not rule out political involvement in the journalist’s murder.
Bernard Grech, leader of the opposition Maltese Nationalist party, said of the news: “Had our institutions not been hijacked by those seeking to protect themselves, Daphne Caruana Galizia would still be alive. We have gotten to this point thanks to the perseverance of those who persisted in pursuing justice no matter what.”
Reacting to Abela’s comments, Daphne’s son Andrew said, ”To move forward a country first needs to publicly acknowledge its failures. There is no shame in this. Only the promise of hope that we could one day be a better country. We’ve sacrificed too much to be robbed of this opportunity.”
- Index spoke to Daphne Caruana Galizia’s sister Corinne Vella in October about their childhood and Daphne’s desire to be a writer
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08 Dec 20 | 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]
