An end to the ‘desperate situation’ for Europe’s journalists?

06 Sep 23 | Czech Republic, France, Greece, Hungary, Italy

Sofia Mandilara really likes her job. As a reporter for the Greek news agency Amna, she is “often at the forefront of important events”, she said. “Through us, people find out what is going on in our country.” But not all that goes on in Greece is reported. This is because Amna belongs to the Greek state and is subject to the office of Prime Minister Kyriakos Mitsotakis. Anyone who reports critically on his conservative government is censored, the 38-year-old said.

A similar situation exists at the Italian state broadcaster, Rai, which plays a major role in shaping public opinion. It is increasingly under the influence of Italy’s right-wing populist government. Immediately after taking office in October 2022, Prime Minister Giorgia Meloni filled all management positions with her followers. The two previous governments did the same, but none as radically as Meloni. Prominent reporters left and even high-profile journalist and anti-Mafia author Roberto Saviano’s show was cancelled after he tangled with Meloni. Positive reports about Meloni’s government, meanwhile, account for around 70% of all political news on Rai stations, according to the media research institute Osservatorio di Pavia.

Journalists at the Journal du Dimanche, France’s leading Sunday newspaper, have also suffered a radical change of regime. In the spring, Vivendi, owned by billionaire Vincent Bolloré, got the go-ahead to buy the publishing giant Lagardère, including the JDD. Bolloré publicly denies any political interest. But as with his acquisitions of CNews in 2016 and the magazine Paris Match last year, the buy-out was followed by a sharp turn in the editorial orientation of the JDD towards the far right.

State officials who demand censorship, party functionaries who misuse public broadcasters for their propaganda and billionaires who buy media to propagate their own political interests – what was long known only in Viktor Orbán’s Hungary – is spreading across Europe. The creeping decline in media freedom and pluralism has been documented for years by the Centre for Media Freedom at the European University of Florence, an EU-funded project. There is now “an alarming level of risk to media pluralism in all European countries”, researchers wrote in their annual report in June.

This puts Europe in a “desperate situation”, said Věra Jourová, the EU Commission vice-president for values and transparency. The Czech Commissioner has personal experience of life without a free press. “I lived under communism, that was uncontrolled power – and unchallengeable power. This should not happen in any EU member state,” she said in an interview with Investigate Europe, a co-operative of journalists from different European countries. Media are “the ones who keep politicians under control. If we want the media to fulfil its important role in democracy, we have to introduce a European safety net.” That is why she is pushing to implement a landmark EU law “to protect media pluralism and independence”, which would set legally binding standards to preserve press freedom in all EU member states.

She and her colleagues introduced the bill in September 2022. Among other things, it provides that: public service media must report “impartially” and their leadership positions must be “determined in a transparent, open and non-discriminatory procedure”; the allocation of state funds to media for advertising and other purposes must be made “according to transparent, objective, proportionate and non-discriminatory criteria”; governments and media companies must ensure that the responsible “editors are free to make individual editorial decisions”; owners and managers of media companies must disclose “actual or potential conflicts of interest” that could affect reporting; and the enforcement of journalists to reveal their sources, including through the use of spyware, must be prohibited.

All of this seems self-evident for democratic states and yet it met with massive resistance from not only Hungary and Poland, but also Austria and Germany. They argued the proposal is overreaching, “with reference to the cultural sovereignty of the member states”, according to minutes from the legislative negotiations in the EU Council, obtained by Investigate Europe. The four governments wanted a directive rather than a legally binding regulation, which would allow the governments to undermine the bill.

In Germany, media supervision is the task of regional states. On their behalf, Heike Raab from the state government of Rhineland-Palatinate, led the negotiations in the EU Council. The EU was acting as a “competence hoover in an area that was expressly reserved for the member states in the treaties”, Raab argued, saying the law would be an “encroachment on publishers’ freedom” in line with the respective lobby. If publishers are no longer allowed to dictate the content of their media alone, this would “destroy the freedom of the press”, the Federal Association of Newspaper Publishers declared. The European Publishers Association claimed that the EU proposal was in fact a “media unfreedom act”. However, Raab and the publishers’ lobby failed to present any practical proposals on how to stop the attacks on editorial freedom.

Such opposition has so far proved largely unsuccessful. Although several controversial amendments to the law have been put forward (most notably when a majority of EU governments backed a change to allow the possible use of spyware in the name of national security), the key proposals of Jourová and her colleagues were adopted in June by most EU governments. If, as expected, the parliament also gives its approval at the beginning of October, the law could come into force early next year – and trigger a small revolution in the European media system. At least that is what Jourová hopes.

The direct influence on public service media by way of appointment of politically affiliated managers, as seen in Greece and Italy, for example, would not be compatible with the new law. “The state must not interfere in editorial decisions,” Jourová said. If a member state does not comply, the Commission could open proceedings against the government for violation of the EU treaties. And if the violations continue, this could “lead to very serious financial penalties from the European Court of Justice.”

Journalists themselves could also sue governments or private media owners in national courts against censorship or surveillance on their part, the Commissioner explained.

It is questionable, however, whether this can help reverse the decline of media diversity in the right-wing populist-ruled countries. The Hungarian and Polish government are already accepting the blocking of billions in payments from EU funds because they violate the principles of the rule of law with their political control of the courts. So why should they fear further rulings by EU judges?

Viktor Orbán’s regime has for years engineered a “creeping economic strangulation” of independent media in Hungary, says journalist Zsolt Kerner of the online magazine 24.hu. The government withdrew all state advertising contracts for independent media and then pressured commercial advertisers to do the same. Today, advertising revenues only go to media loyal to the government. 24.hu survived only thanks to an economically strong and independent investor. The rest either had to close or were taken over by those connected to Orbán. This would all become illegal with the planned regulation because EU law trumps national legislation. But Kerner and his colleagues “doubt whether it will do any good in our country.” After all, the government has “many good lawyers”.

“Maybe Hungary is a bit immune now,” said Commissioner Jourová. But there, too, the government will “sooner or later feel the political impact”. An “independent European media board”, including media experts from all 27 EU states, is planned under the new regulation. While the board can decide by majority vote only on assessments without legal consequences, Jourová expects that countries “which the board certifies as restricting media freedom” will “lose their international reputation, for which most governments are very sensitive.”

This could well put pressure on the right-wing nationalists in Poland, thinks Roman Imielski, deputy head of Gazeta Wyborcza, the country’s last major independent newspaper. Prime Minister Mateusz Morawiecki’s government has also turned public television and the national news agency into “a Russian-style propaganda machine” that brands all critics as “traitors to the nation and conspirators”, Imielski said. But if Poland looks bad to the US government, for example, “that puts pressure on it”, as happened when the government tried to sell the government-critical TVN station, owned by a US group, to a Polish buyer. Under pressure from Washington, the Polish president vetoed the corresponding law in 2021.

When or even if Jourová’s grand plan actually becomes law is still unknown. After the parliamentary adoption scheduled for the beginning of October, its representatives still have to agree on a common text with the Council. As mentioned, most EU governments want to reverse the planned ban on the use of surveillance software against journalists and explicitly allow it in cases of danger “to national security”. Article six, which obliges media owners to respect “editorial freedom”, is also highly controversial. Member states, including Germany, want to weaken this provision considerably by only granting this freedom “within the editorial line” set by media owners. If successful, the law would fail at a crucial point.

“The problem is not media concentration in itself, the problem is that it gets into the wrong hands,” said Gad Lerner, a columnist at the still independent Il Fatto Quotidiano, who worked for La Repubblica until it was sold. “More and more entrepreneurs with a core business in other industries are buying newspapers, TV or radio to give visibility to the politicians on whom they depend for their real business.”

“Of course, we don’t want rich people to buy media to influence politics. But we are not here to micromanage how the newsrooms should be organised,” Jourová said, pointing to the need for civil society and journalists to help push for stronger editorial freedoms.

The Greek journalist Sofia Mandilara, who works at the state news agency, has already given a starting signal for this. With the help of the trade union, she filed a public complaint against the censorship of statements critical of the government in one of her articles and – to her surprise – was allowed to write another article on the subject. Since then, “at least they always ask me when they want to change my texts,” she said with a laugh.

This is a modified version of an article that first appeared on Investigate Europe here

Report: At what cost? Chinese funding and academic freedom in Europe

26 Jul 23 | China, News and features

European universities have become increasingly international over the last decade, fostering relationships with researchers, institutions, private companies, and students around the world. While academic internationalisation provides many opportunities, it also presents challenges.

“European academia must recognise that vulnerability to authoritarian and illiberal interference is an undeniable reality in the contemporary context of globalised knowledge production,” the European Commission said in a working document published last year. “Risks encountered in this context crystallise as threats to the principles of academic freedom and integrity.”

The Commission didn’t single out threats from any one country, but its document was published amid heightened concerns about interference from China.

This report asks to what extent Chinese money is being used to fund European universities and to what extent is it eroding academic freedom in the process. The report looks at funding from Chinese companies, Chinese international students, and the protections the EU and UK have in place to prevent undue interference. You can download the report here or view it online using the reader below:

 

The dangers in Europe’s proposals for political advertising

23 Jun 23 | News and features, Opinion, Ruth's blog

The cornerstone of any functioning democracy is the ability to speak freely without fear or favour and to be confident that your right to say it is inalienable.

Index on Censorship has spent years working with dissidents in repressive countries where speaking out can lead to anything from banishment from your home to state-sponsored abduction and execution. Our work started with materials smuggled out of the USSR – published and translated – and smuggled back into the Soviet bloc so that different opinions and divergent points of view could have a platform on which they could be heard.

Today, we do the same in Hong Kong, Russia, Belarus, Iran and Afghanistan where we support the rights of citizens to use their freedom of speech and freedom of expression to challenge those who seek to crush dissent and disagreement.

The principle of free speech is one worth fighting for and defending whenever it comes under attack.

This principle is even greater when engaging in lawful and legitimate democratic activities whether that be campaigning on a single issue or seeking voter support in elections.

In recent years, the way we engage with voters has changed – dramatically. Long gone are the days when town hall meetings, articulate speakers and well-designed printed materials were the best mechanisms for getting your message out.

Now a huge amount of the activity is digital, undertaken from a computer screen with complex and sophisticated targeting of bespoke policy offers to the exact voters needed to build a winning coalition. The advancement of technology has greatly outpaced existing political regulations and opened new opportunities for bad faith actors and unfriendly foreign governments to interfere in domestic elections.

Rightly, governments around the world are looking at how they create a level playing field against the new platforms available and secure the integrity of their election processes.

However, any new regulation has the possibility of impinging on free speech and free expression, usually as an unintended consequence of a well-intentioned proposal.

And this is where there exist dangers in the proposals by the European Union to regulate political advertising.

The proposals for regulations on the transparency and targeting of political advertising are now in the critical trialogue phase, with the European Commission, Council and Parliament thrashing out compromises to reach a series of new rules they all broadly agree on.

The problems arise from the broad scope of what is being proposed and mechanisms that will be built into the regulations to enforce it. Both offer huge challenges to freedom of speech and freedom of expression and require considered thought by lawmakers in the EU.

The original scope drew little distinction between political advertising and political speech. Some changes along the legislative pathway have constrained, slightly, the scope, but Article 2 still defines political advertisement as:

“the preparation, placement, promotion, publication or dissemination, by any means, of a message:  (a)by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or (b)which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.”

Such a wide-ranging scope would mean that any attempt to promote this article – an opinion piece by a campaign group on a subject of regulation – would fall into the scope of the regulations and, ironically, a free speech organisation could find themselves either censored or denied our right to express our views.

Of course, every campaign attracts media attention and there has been little commentary or clarification as to how these regulations would apply. Does a journalist discussing the latest policy announcement by an opposition political party now count as ‘disseminating a message by a political actor’? Does live coverage of a climate protest or a campaign stunt by pro-life groups constitute ‘promotion of a political actor which is liable to influence the outcome of an election or referendum’?

Do we really want to be concerned that our news outlets are resorting to self-censorship through fear of state-mandated regulation?  I am certain that no EU member state would wish for that but the unintended consequences of attempts to regulate free speech could do just that.

But Article 2 is not the only place where freedom of speech is undermined by these proposals.

The enforcement of these rules will, in part, be down to individuals ‘flagging’ content that they believe is in breach of the rules. Big tech platforms will then have to ‘examine and address’ the notifications they receive.

While having mechanisms to allow for content to be considered – again new rules are sensible – these proposals make big tech platforms the arbiter of what is and what isn’t acceptable political speech. It places a huge amount of power to regulate our freedom of speech in the hands of very large online platforms with little clarity or transparency of how they will consider the flags they receive.

During regulated periods ahead of elections, those platforms will have to process those flags within 48 hours – with failure to consider the flags or enforce the rules opening them to potential liability and penalty.

The inevitable outcome of this is that during elections, big tech platforms will act overly cautiously, and flagged materials will be removed to prevent the platform from being exposed. And once that happens, the floodgates will open for retaliatory ‘flagging’ between rival positions.

Bad-faith actors will happily target politicians and those whose political positions they oppose with vexatious and numerous flags in order to silence them. You can easily foresee a situation where political content from smaller groups are mass-flagged and their views and opinions removed from the digital sphere while they are examined and considered.

The protection of freedom of speech is a core tenet of our political systems just as much as ensuring transparency and accountability in political activity. One need not be at the expense of the other.

The Commission, Council and Parliament can find a solution that protects the founding principles of the Union – fair elections and freedom of speech.

Banned by Beijing: Is China Censoring Europe?y

13 Apr 23

Every time a European university pressures an academic to temper their criticism of the Chinese Communist Party (CCP), every time a filmmaker opts to amend their film to avoid offending the Chinese authorities, and every time a Chinese citizen living in Europe...