SafeJournalists: Insufficient Political Will for Essential Media Freedom Reforms

SafeJournalists: Insufficient Political Will for Essential Media Freedom Reforms
photo: canva

The SafeJournalists network data show that the Journalist Safety Index in the Western Balkans region for 2023 is in a slight decline.

On the occasion of the International Human Rights Day, the SafeJournalists network points to the lack of political will for the necessary reforms in the area of ​​media freedom in the countries of the Western Balkans. Special mechanisms for the protection of male and female journalists from hate speech and serious threats have not been established, or where they exist, they are not effective enough.

 

*This chart is interactive – click on it to get more data

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Instead of publicly condemning threats and attacks against journalists, public officials engage in smear campaigns and thus create an atmosphere of lynching and encourage further online threats, which are the most prevalent form of pressure on journalists.

Many journalists decide not to report the threats to the competent institutions because past experience shows that only a small number of cases are resolved with a conviction. Female journalists often do not report threats for fear of retaliation.

In addition to threats, Strategic lawsuits against public participation(SLAPPs) are a very popular form of pressure on media and journalists, and domestic courts generally do not recognize SLAPPs.

 

Albania 

The Journalist Safety Index for Albania for 2023 was in a slight decrease. In 2023, lawsuits against journalists in Albania increased, many viewed as SLAPPs intended to silence investigative reporting. A significant case raised concerns about source confidentiality when authorities seized a journalist’s personal and professional materials. Albania saw no improvement in the establishment of specialized units or protocols for investigating attacks on journalists. Investigations into serious physical attacks and online harassment remained inadequate, leading to a sense of impunity. There is yet no comprehensive data collection system regarding attacks on journalists.

Croatia

The journalist safety index for Croatia for 2023 is in decline compared to the previous year. The announced changes to the Criminal Code related to “leaking information” threaten the protection of journalistic sources, while the proposal of the Working Document of the new Media Law mentions the introduction of a register of journalists and photojournalists, as well as the possibility of a publisher not to publish a journalistic work without consulting the journalist and editor. The main changes in 2023 relate to the improvement of cooperation between the police and journalists through the new Agreement on the Protection of Journalists and the implementation of the protocol on the conduct of the police. In Croatia, there are no specialized investigative units for violence against journalists, which makes it difficult to process those cases, although the police have started to apply the Protocols for the Protection of Journalists. Investigations into attacks on journalists are carried out, but the processes are often lengthy and non-transparent, with a lack of information for the victims.

Kosovo

In 2023, The Journalist Safety Index for Kosovo was in a slight decrease. Defamation laws in Kosovo prioritise freedom of expression aligning with European standards, but SLAPP lawsuits have been quite common against journalists and activists. Although there is legal protection in the Criminal Code against serious threats to the safety of journalists in Kosovo, the absence of systematic risk-assessment procedures makes this protection considerably incomplete. Nevertheless, the cooperation with the Kosovo Police remains strong, reflecting the commitment to the protection of journalists’ rights, ensuring they will be able to carry out their work without any obstacles. Kosovo faced major challenges in the protection of journalists and media freedom, with some small improvements in this direction. Investigations into physical attacks against journalists remained slow and ineffective, while transparency in court procedures was also limited. In 2023, there has been an extraordinary worsening of non-physical threats and physical attacks against the journalists in Kosovo. Officials and citizens used very dangerous language on social media platforms. Physical attacks also increased most of them in northern Kosovo, particularly during May and June, when media crews were repeatedly targeted. Attacks included vandalizing media vehicles and damaging equipment.

Montenegro

The Journalist Safety Index for Montenegro for 2023 was in a slight decrease. The number of attacks on journalists has decreased and a large number of them have been resolved or are on the way to being resolved. On the other hand, the old and most serious cases of attacks on journalists have not yet been solved. Special mechanisms for the protection of journalists from hate speech or serious threats to their lives have not yet been established. There are no special mechanisms for reporting cases of attacks and threats. Although the amendments to the Criminal Code have improved the preventive protection of journalists and increased the penalties for attacks on them, prosecutorial and judicial practice does not yet guarantee stricter penalties. Despite the fact that certain things are changing for the better and that there has been an increase in wages and a reduction in the number of attacks on journalists, this is essentially not felt because inflation has canceled out the increases and the failure to solve serious cases of attacks on journalists has kept the general feeling of insecurity among media employees.

North Macedonia

Although in a slight decrease, the Journalist Safety Index for North Macedonia for 2023 is the best for all countries. The number of cases against journalists and media in North Macedonia in 2023 has decreased, but the general policy of impunity continues in relation to the old cases of attacks and threats against journalists and media workers. Of particular concern is the growing trend of using strategic lawsuits against public participation (SLAPPs) to gag journalists and media workers in the country. Amendments to the Criminal Code were adopted in 2023, contributing to the enhanced security of journalists and media workers. Regarding journalists’ access to quick and effective protection measures in cases of threats and attacks, there was a slight improvement in 2023. New prosecutors were appointed in three appellate regions across the country, responsible for monitoring proceedings in cases in which journalists were attacked, and a special line was opened for journalists and media workers to call. The perception of cooperation between the competent institutions in 2023 was improved and resulted in their greater efficiency in detecting the perpetrators of the attacks. However, the degree of impunity for this type of attack is still high, due to the fact that a significant number of cases from past years have not yet been investigated and completed. The trend of increasing online threats against women journalists in the country is worrying.

Serbia

The Journalist Safety Index in Serbia for 2023 is in decline compared to the previous year. Although they are guaranteed by law to practice their profession freely, journalists are under various types of pressures that prevent the stability and protection of their work. Officials and powerful people are finding new ways to sue journalists and put additional pressure on them, which has the effect of increasing the number of SLAPP lawsuits. Journalists are also threatened by other regulations that are occasionally used against them. When it comes to prevention, the occasional sensitivity of the police to questions about the safety of journalists is an indication that it is not done systematically and in-depth, and that the police do not fundamentally understand the role of journalists and the importance of preserving their safety. Although the knowledge of competent authorities is increasing, problems such as lack of sensibility, real capacities and technical decisions that reduce the real effectiveness of those who provide protection are increasingly manifested. Despite some good results in conducting investigations, the difficulties and obstacles in processing and the impunity of such attacks affect the overall impression of real security, which falls in all segments. The number of real threats is not decreasing, and the rapid reporting and processing has no deterrent effect on attackers. There are numerous examples of giving up reporting attacks due to distrust in the protection system. In the end, the number of physical attacks decreased, but journalists were once again targeted by the police.

The Western Balkan Journalists’ Safety Index is a mechanism that measures and monitors changes in social and political environments that have a direct or indirect impact on the safety of journalists and media professionals while doing their work. The Index relies heavily on the Guide for the implementation of Recommendation CM/Rec(2016)4 on the protection of journalism and the safety of journalists and other media actors of the Council of Europe. The index is measured by special indicators and sub-indicators, which are graded from 1 to 7 by objective markers, and are based on objectively analysed research findings and evidence. The index consists of 4 separate units that reflect the overall picture of journalists’ safety.

Legal and organisational environment measures the existence and implementation of legal guarantees relevant to the safety of journalists, prevention records the existence and implementation of a series of preventive measures that directly affect the protection and safety of journalists, while the procedural part monitors the actions of state institutions and officials, their behaviour towards journalists and the effectiveness of the system of criminal and civil justice in investigations of threats to journalists and attacks on them. Actual security measures incidents and cases of various forms of threats and violence against journalists and the media.