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MFRR Summit 2023 will take place on 29-31 March

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photo: MFRR

The MFRR Summit is back! This year, the conference titled “Press Freedom on the Line” will take place online from 29 – 31 March 2023.

Reflecting the MFRR’s core campaign areas, the online conference will host in-depth discussions on journalist safety, media capture, the rule of law, and SLAPPs.

Hosted on Zoom for interactive participation, and simultaneously livestreamed on the MFRR YouTube channel, the conference will play host to a range of panel discussions, live interviews, and keynote speeches with journalists, media freedom experts, policy-makers, and other stakeholders all working to defend press freedom.

Take a look at the daily breakdown below:

Day 1: Safety of Journalists (29 March)

Journalist safety in Europe was thrown into the spotlight in 2022 following Russia’s invasion of Ukraine, with dozens of journalists killed since 24 February. Outside of Ukraine, Europe remains an increasingly hostile environment for journalists to report from. From online attacks to physical violence, Day 1 of the Summit will highlight threats to journalists in EU member states and candidate countries, sparking conversations on initiatives to support journalists in exile, reporting from a conflict zone, surveillance and spyware, and harassment in the newsroom.

Day 2: Rule of Law and SLAPPs (30 March)

Across Europe we regularly see powerful entities abusing legal systems to stifle and smother critical reporting. Strategic litigation poses a major threat to independent media across the continent, in particular in countries where rule of law is weakest and vulnerable to abuse. So far, the MFRR monitoring partners have recorded a total of 113 SLAPPs on Mapping Media Freedom since 2014 – highlighting the ever-present threat this issue poses to press freedom. Day 2 of the Summit will shine a spotlight on these topics as experts discuss initiatives to counter SLAPPs, impunity for crimes against journalists, and disinformation laws.

Day 3: State Capture (31 March)

From Hungary and Poland to the Czech Republic and Slovenia, Europe – in particular central Europe – has become a hotbed for state capture of media. The panels on day 3 will look into the crisis of political exploitation of the media through the abuse of state economic and regulatory levers. It will examine issues around media pluralism, ownership transparency and the abuse of state budgets to fund clientelist media in illiberal democracies. It will also debate whether the EU’s Media Freedom Act can provide the tools to prevent the march towards politically captured media.

In the coming weeks, more information will be shared about the conference but for now, save the date! Keep an eye on the MFRR newsletterTwitter, and website for all the latest updates.

IJAS: Authorities to Process Threats against Journalist Gorica Nikolin

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Independent Journalists’ Association of Serbia (IJAS) strongly condemns heinous threats to Radio 021 journalist Gorica Nikolin and calls on the Prosecutor’s Office to take all measures to find out who is behind them.

The newsroom of Radio 021 announced that a number of insults and threats were sent to their Instagram account to journalist Gorica Nikolin due to her recently published article about art studios at the Petrovaradin Fortress, which are largely being used illegally.

The threats were addressed from the Instagram account kjuo958, and the direct reason was the journalist’s writing, as evident by the fact that the message contains a link to the article mentioned above. The perpetrator said to the journalist that he “knows her from class” and added a vulgar threat that he would “piss on her”, along with a number of other insults. A video call was also attempted from the same account.

Colleague Gorica Nikolin said that she felt unsafe and humiliated because of the attack, and she blocked the perpetrator’s account in order to prevent him from continuing with insults and threats which would have exposed her to additional stress.

Radio 021 states that they are constantly faced with such cases, to which they do not react in order not to get into a situation where they are dealing with themselves instead of reporting in the interest of the public.

“In this case, however, we decided to react, because the message was direct, and the problem the journalist wrote about also affects people who have created a successful private business from an unregulated stay in the studios”, states Radio 021, which reported the case to the police and prosecutor’s office.

The case of colleague Nikolin shows what journalists in Serbia face on a daily basis and that the insufficient reaction of the competent authorities encourages the perpetrators of such threats and insults.

IJAS warns that the number of recorded cases of attacks, threats and pressures on journalists in the past several years has been above a hundred annually and calls on the competent institutions to deal with this issue more seriously as the seriousness of the threats is concerning, as well as the fact that legal proceedings and imposed sanctions still do not have a deterrent effect. Last year alone, IJAS recorded 136 attacks, threats and pressures on journalists, of which as many as 51 were online.

It is precisely because of such cases that IJAS launched the platform for the online safety of journalists “On the line” (prvalinija.nuns.rs), which contains resources and tools that help newsrooms and journalists act correctly in the event of online threats addressed to them. As part of this action, journalists who are victims of online violence are provided with legal and psychological support to help them cope with this situation.

Journalists are still targeted – attacks on work tasks and online threats

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Photo: csoonline.com

PODGORICA, 01.02.2023. – 2022 was the year in which a significant number of cases of attacks on journalists were again recorded in Montenegro. The data show that journalists and media workers are still often the target of physical attacks or threats during the performance of work tasks, while there are more and more online threats via social networks.

Threats through social networks and preventing reporting

Last year, the Police Directorate (PD) registered a total of 21 cases of attacks on journalists and media outlets, due to their professional involvement. Of these, there were 11 cases of threats via social networks or the phone and 10 cases of physical attacks or attempts to obstruct journalists and media workers during their work tasks.

“Of the mentioned number, the competent state prosecutor qualified 12 events as criminal offenses for which prosecution is undertaken ex officio. Seven events have been solved and the perpetrators have been prosecuted, while five events have not been solved for now”, according to the PD data submitted to the Trade Union of Media of Montenegro (SMCG).

Photo: Canva.com

The police also say that in two incidents, police officers, analyzing the case files, assessed that they were offenses under the Law on Public Order and Peace, so misdemeanor proceedings were initiated.

In three cases, the competent prosecutor assessed that there were no elements of a criminal offense to be prosecuted ex officio, while four cases with completed files were submitted to the prosecutor for assessment, decision-making and legal qualification, according to the Police Directorate.

Analysis of data from the Police Directorate shows that journalists and media workers are still often targeted during reporting from risky events such as protests and other public gatherings. The participants of those events on several occasions tried to prevent journalists and media workers from filming and reporting, according to the filed reports. They did this even when journalists and media workers had a prominent “press” sign on them.

As for threats, they are most often sent to journalists via social networks. In several cases, the authorities were unable to find out who sent the threatening messages, so the investigation is still ongoing or the cases have been archived.

The Police Directorate also said that in 2022, they carried out a security threat assessment for nine journalists and two media houses. Based on the assessments made and by decision of the Government, the police are protecting two journalists.

The first year of application of the amended Criminal Code

Photo: Canva.com

2022 was also the first year of the application of the amended Criminal Code (CC) of Montenegro, which increased penalties for attacks on journalists and media workers. At the end of 2021, on the initiative of the non-governmental organization Action for Human Rights (HRA) and the SMCG, which was supported by other organizations dealing with the media, the Parliament of Montenegro unanimously adopted amendments to the CC, which increased the penalties for criminal acts of coercion, jeopardizing security, grievous bodily harm and aggravated murder, if committed against journalists and media workers, in connection with the performance of their work.

Competent authorities, prosecutor’s offices and courts, acted in some cases of attacks on journalists and media workers according to the amended Criminal Code. Thus, according to the amended CC, two proceedings for the criminal offense of coercion against the journalist Jadranka Ćetković are ongoing before the competent judicial authorities in Bijelo Polje. One of those two cases shows different actions of the competent authorities in relation to the same event.

Namely, the Basic State Prosecutor’s Office (ODT) in Bijelo Polje dismissed the journalist’s criminal complaint four times against Elvis Palavrtić from Plav, who, as she says, insulted her and tried to prevent her from carrying out her journalistic work, i.e. taking photos, on the plateau in front of the High Court in the middle of 2022. The ODT did this, although each time the Higher State Prosecutor’s Office (VDT) in Bijelo Polje accepted the complaint of journalist lawyer Mirko Bošković against the decision to dismiss the criminal complaint, assessing that the complaint was founded and that the Basic Prosecutor’s Office should conduct additional evidentiary actions. The VDT also indicated that certain criminal-legal positions and conclusions of the lower prosecutor’s office are unacceptable.

“Everything that happened in this case really represents a kind of legal paradox, which occurred as a result of a series of omissions and wrong steps by the prosecution. Namely, the Basic Prosecutor’s Office in Bijelo Polje, despite the clear orders and instructions of the Higher Prosecutor’s Office, fails to comply with them and on the next four occasions passes decisions on rejecting the criminal complaint, after, I repeat, the Higher Prosecutor’s Office accepted the complaint of the injured party’s attorney four times, with almost identical explanation and instructions to the ODT. As far as I know, a similar case has not happened in our practice”, says Bošković.

Photo: Canva.com

He adds that already after the first dismissal of the criminal complaint, the ODT in Bijelo Polje, due to the attack on the journalist Ćetković, submitted a request to initiate misdemeanor proceedings to the Court for Misdemeanors in Bijelo Polje, at the same time not letting the legal deadlines for filing a complaint by the injured party or initiating prosecution from her. Although the Higher Prosecutor’s Office assessed that the journalist’s complaint was well-founded and returned the case to the ODT to undertake certain evidentiary actions and provide a more complete explanation, the Misdemeanor Court in Bijelo Polje conducted first-instance misdemeanor proceedings against Palavrtic and found him guilty.

So, we have at the same time a first-instance decision of the Court for Misdemeanors and an active proceeding before the Basic Prosecutor’s Office, against the same defendant and on the occasion of the same event, concludes Bošković.

Otherwise, the Misdemeanor Court sentenced Palavrtić to a fine of 150 euros “because he insulted and behaved insolently towards Ćetković, while she was performing her journalistic task”. As 100 euros were deducted from his fine for the time he was detained by the decision of the ODT, in the end he had to pay 50 euros, or 33.3 euros, within 15 days from the day of the verdict.

 

 

This article was created through the project “Safety of journalists through judicial practice” implemented by the Trade Union of Media of Montenegro (SMCG). The project is supported by the Center for Monitoring and Research (CeMI) within the program “Access to justice and human rights in Montenegro – Trial monitoring project 2021 – 2023” financed by the European Union and co-financed by the Ministry of Public Administration.

The content of the article is the sole responsibility of SMCG and does not necessarily reflect the views of CeMI, the European Union or the Ministry of Public Administration.

New Training Centre for the Safety of Journalists and Media Professionals established in Greece

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photo: canva

A new Centre for the Safety of Journalists and Media Workers has been established in Thessaloniki (Greece). The centre, whose opening was delayed by two years due to Covid-19 restrictions, will deal with issues related to the safety of journalists and media workers in war and crisis zones, as well as in daily work. It is supported by the Journalists’ Union of Macedonia and Thrace (ESIEMTH) and is under the scientific responsibility of the Peace Journalism Laboratory of the School of Journalism and Mass Media Studies in the Aristotle University of Thessaloniki.

The Centre will offer a 29-hour course on the safety of journalists and media workers covering war zones. The course will be divided into two parts: theory and practical training in the field. The practical training will include counselling, assistance in providing appropriate equipment before and during the journalistic assignment and psychological support. In addition to the courses, the Centre has created support tools that journalists and media workers can use in the field or in areas where they face critical situations, such as natural disasters or humanitarian crises.

“The safety of journalists is threatened in a much more complex way than in the past, and not only in war zones or in crisis situations. This is why unions need to develop a more diverse and comprehensive approach to support and train media workers to deal with these threats,” says Nikolaos Karras, President of ESIEMTH.

Eight institutions and organisations signed the Memorandum of Understanding on 20 January 2023, including the Greek Secretariat General for  Communication & Media, the Municipality of Thessaloniki, the Aristotle University of Thessaloniki (AUTh), the Union of Journalists of Macedonia and Thrace (ESIEMTH), the Athens News Agency – Macedonian News Agency (ANA-MPA) and the Greek public broadcaster (E.R.T.).

In May 2023, the Centre will hold its first training courses as part of the second edition of the Safety for Journalists Training School.

States should impose a moratorium on spyware such as Pegasus and Predator

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photo: canva

The European Federation of Journalists (EFJ) fully supports the call by the Council of Europe Commissioner for Human Rights, Dunja Mijatović, to impose a moratorium on the use of highly intrusive spyware by governments. The EFJ recalls that many journalists have been victims of this abusive surveillance, notably in Hungary, Greece, Spain, France, Belgium and Azerbaijan.

In 2021, the Pegasus Project, one of the most ambitious transnational investigative journalism projects, coordinated by Forbidden Stories and assisted by Amnesty International’s forensic lab, exposed the use of spyware to surreptitiously penetrate journalists’ communications.

In Hungary, investigations continued into the use of Pegasus by state intelligence agencies to surveil at least five journalists and media owners. In January 2022, the Hungarian National Authority for Data Protection and Freedom of Information issued a report concluding that in all the cases they investigated, including those involving journalists, all legal criteria for the application of the spyware were met and the spyware was used to protect national security. No explanation was given about why these journalists posed a threat to national security..

Even though European governments promised to clamp down on illegal surveillance, new cases have emerged in 2022, especially in Greece where a new spyware, Predator, was allegedly used by the National Intelligence Agency to spy on journalists. In April 2022, in Spain, it was revealed that four Catalan journalists were among those to have their smartphones targeted or infected with Pegasus between 2017 and 2020. Other cases have been reported in France, Belgium and Azerbaijan, in 2021.

“Ample evidence exists that Pegasus spyware has been used illegally and for purposes of domestic and international espionage rather than legitimate public safety concerns,” said Dunja Mijatović. “The targeting of journalists with spyware endangers the confidentiality of their sources and, with that, the functioning and credibility of one of the most crucial pillars of our democratic societies: free access to information for all and the promotion of a pluralist media environment. To prevent grave human rights violations stemming from the use of commercial spyware like Pegasus, Council of Europe member states must comply with their obligations under the European Convention as interpreted by the Court and ensure the legality, legitimacy, and necessity and proportionality of each such use.”

“It is high time for Council of Europe member states to recognise that the Pegasus spyware scandal is more than just an embarrassing episode,” she added. “I call on Council of Europe member states to impose a strict moratorium on the export, sale, transfer, and use of highly intrusive zero-click spyware tools such as Pegasus, and to put in place a precise, human rights compliant legislative framework for the use of modern surveillance technology. This framework should provide for meaningful procedural guarantees, robust systems of ex-ante and ex-post oversight through judicial review and parliamentary scrutiny, and effective redress mechanisms for victims. (…) Member states should further pay enhanced attention to the fact that the spyware industry is continuously developing new tools that, without safeguards and oversight, can be weaponised for nefarious purposes and facilitate human rights abuses.”

“In the face of such a threat, the EFJ calls on the European Parliament, which will start debating the issue, to strengthen the provisions of the European Media Freedom Act (EMFA) to combat all forms of surveillance that jeopardise the protection of journalistic sources,” said EFJ President Maja Sever. “The proposed EMFA provisions are a step backwards in the protection of journalistic sources as they do not correspond to the protection of journalistic sources as provided in the European Convention on Human Rights and the case law of the European Court of Human Rights guaranteeing the right of journalists to protect their sources.”

 

Four Afghan journalists welcomed to Kosovo

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Amina Omid, Ahmad Shaker Sangi, Nimatullah Gholami, and Rafiullah Nikzad – four Afghan journalists arrived in Kosovo tonight as part of the “Journalists in Residence – Kosovo” program.

The Afghan colleagues were welcomed at the airport by the Chairman of the Board of the AJK, Xhemajl Rexha, the Executive Director of the AJK, Getoarbë Mulliqi Bojaj, the Legal Adviser of the ECPMF, Flutura Kusari, a representative of the Ministry of Internal Affairs, Kushtrim Nreci and officials of Kosovo Police.

Afghan journalists were welcomed to our country a month after the Government’s decision to provide them with housing, a monthly salary, health insurance, and a return ticket when circumstances arise for them to return to their homes.

The program “Journalists in Residence – Kosovo”, initiated by the European Center for Press and Media Freedom ECPMF, is financed by the Government of the Republic of Kosovo, implemented by the Association of Journalists of Kosovo, and supported by the Hannah Arendt Initiative.

Republic of Srpska, Bosnia and Herzegovina: EFJ and IFJ call for defamation to remain under civil law

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President of the Republic of Srpska Milorad Dodik has requested to re-introduce defamation and insults as “criminal offences” in the Criminal Code of the Republic of Srpska, one of the two entities in Bosnia and Herzegovina. The BH Journalists Association (BH Novinari) raises the alarm in the face of the increasing threat that would cause the impending criminalisation of defamation, which has been a civil wrong in the country since 1999.

The European and International Federation of Journalists join their affiliate, the BH Novinari, in warning of the dangers of criminalising defamation and ask for the European Commission and the Council of Europe to call on the Government of the Republic of Srpska and its President Milorad Dodik to cancel the proposal.

Making defamation a crime would be a direct hindrance of the principles of freedom of the press, by which one should be able to talk freely without fear of litigation or imprisonment: journalists in opposition with the power in place could face between three and five years of imprisonment for expressing their views. The use of civil law has so far helped avoid public and influential figures to misuse their power and threaten press freedom by using intimidating legal options to prevent stories from being told; returning defamation to the criminal legislation would be another possibility of judicial prosecution of journalists and media outlets, and may lead to abuse of the legal system to intimidate and silence journalists.

In addition, if the bill is passed, the country will face two different standards for defamation as the Federation of Bosnia and Herzegovina, the second entity within the State of Bosnia and Herzegovina, will still treat cases of defamation under civil law. Such disparities would have a significant and negative impact on the overall security, legal certainty and legal equality of citizens in the country. 

BH Novinari reminds that there are currently more than 300 active defamation cases open in BiH in the framework of civil lawsuits, and dozens of SLAPPs lawsuits (Strategic Lawsuits Against Public Participation).

“In democratic societies, they should do this as individuals, and not use their political power or threaten journalists with prison and the strength of their own political position and the influence of the institution in which they sit,” says BH Novinari.

The link to BH Novinari’s petition can be found here. No date has been given as to when the bill could be passed into law.

AJK calls on FFK  to organize an open and transparent Assembly

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A few hours before the Extraordinary Assembly of the Football Federation of Kosovo – FFK, journalists, and media in Kosovo have no information about the place and time where this event will be held.

AJK calls on FFK to organize an open and transparent Assembly so that the public is informed about the important decisions that will be taken in it. This becomes even more important at a time when the biggest football house in Kosovo has not yet completed the licensing process. In any case, FFK must make the necessary conditions for the media to report.

Bosnia and Herzegovina now covered under MFRR mandate

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The Media Freedom Rapid Response (MFRR) mandate covers all EU member states and candidate countries.

On 15 December 2022, the leaders of the European Union voted unanimously to grant EU candidate status to Bosnia and Herzegovina. With this development, the Media Freedom Rapid Response (MFRR) can now include the country in its activities – including monitoringsupport projects, and advocacy work.

Journalists in Bosnia and Herzegovina have been appearing frequently in reports related to attacks and threats against them. Reporters who focus on corruption, minority rights, LGBTI+, radicalism, and war crimes have been working under pressure from politicians and criminal groups. Politicians in the country have also been targeting journalists frequently and their influence over public media and regulatory bodies has been worrying. We are glad that our mandate now covers Bosnia and Herzegovina so we can help to protect journalists and strengthen media pluralism in a country that badly needs it.

As well as monitoring all media freedom violations that take place in Bosnia and Herzegovina and recording them on Mapping Media Freedom, the MFRR partners will now also be able to offer practical support to journalists and media workers in the country. This includes both legal support and practical support such as medical assistance, subsistence costs, psychological support, work provisions, family support, and preventative safety measures. Journalists in Bosnia and Herzegovina facing harassment or threats as a direct result of their work will also be eligible to apply for the Journalists-in-Residence programme.

Read more about the MFRR’s support offerings here and monitoring work here.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.