Joint statement on the proposal for the European Media Freedom Act

Photo: flyvancity

The undersigned journalists’, media freedom, and human rights organisations welcome the European Commission’s initiative to strengthen the free and pluralistic media system and the commitment to protect journalists and editorial independence within the European Union. These values directly link to fundamental rights, such as freedom of expression, the right to access to information, the formation of opinion, and making informed choices in elections, as enshrined in the Charter of Fundamental Rights.

Matters relating to the media have traditionally been the competence of member states, however such is the threat posed to media freedom that an EU-wide action has become necessary to protect Europe’s democratic values.

Therefore we support the European Media Freedom Act (EMFA), which breaks significant new ground in our efforts to protect media freedom in Europe. The EMFA has identified many of the key issues where the EU and member states must urgently act in order to protect media freedoms. This statement of intent, alone, is very welcome.

However, if the EMFA is to become effective in the struggle to guarantee media pluralism, to protect journalists’ rights and ensure editorial independence from the impact of vested commercial and political interests, it should strengthen efforts to increase the transparency in media ownership with clear rules instead of soft-law Recommendations; introduce rules governing all financial relations between the state and media and removing the limit on state advertising transparency for over one million inhabitants; guarantee the independence of national regulators as well as the independence of the European Board for Media Services; and should expand measures against surveillance of journalists and ensure a general guarantee for the protection of sources.

The undersigned organisations look forward to continuing to engage with the institutions of the European Union to ensure that the text of the European Media Freedom Act is as robust and effective as possible and helps provide a foundation for generations of journalists to come.

Association of European Journalists (AEJ)

Civil Liberties Union for Europe (Liberties)

Coalition for Creativity (C4C)

Committee to Protect Journalists

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

Global Forum for Media Development (GFMD)

Index on Censorship

International Press Institute (IPI)

Media Diversity Institute, Belgium (MDI)

OBC Transeuropa (OBCT)

Ossigeno.info

Reporters WIthout Borders (RSF)

Society of Journalists, Warsaw

South East Europe Media Organisation (SEEMO)

The Daphne Caruana Galizia Foundation

Transparency International EU

World Association Community Radio Broadcasters (AMARC Europe)

All eyes on “one of the safest countries in the world”

While President Paul Kagame of Rwanda was welcoming 53 visiting heads of government to his capital, perhaps the thought went through his mind that this was a moment for self-congratulation. Once, he was an exile from a country too dangerous for people of his ethnicity. Now he stands on the world stage.

Under Kagame’s iron rule, little landlocked Rwanda, a country not much bigger than Wales and horribly scarred by civil war and genocide, was honoured to be chosen to host the 2022 Commonwealth Heads of Government Meeting, the first since the pandemic.

There have been 24 such summits, colloquially known as Chogm, which bring together components of the old British Empire, but never before has one been held in a country that had not previously experienced British rule.  Until a generation ago, the boundary between anglophone and francophone Africa was where Rwanda abutted Uganda, but Kagame has shifted that boundary westward, and become a new addition to the Commonwealth family.

That is a part of the reason that his government was able to secure the deal to receive the UK’s unwanted asylum seekers, which was a coup for Kagame, despite the subsequent legal obstacles. In announcing it, Boris Johnson has lauded Rwanda as “one of the safest countries in the world”.

That remark invokes a scathing riposte from Carine Kanimba, whose father, Paul Rusesabagina, is Rwanda’s best known political prisoner. “Within Rwanda, people are not safe,” she said. “Rwandans in the Congo, where Kagame has troops, are not safe; Rwandans in other African countries are not safe. Even outside of Africa, Rwandans are not safe, and having Boris Johnson say ‘hey, I don’t care’ sets a rally bad precedent.”

There is a dark underside to Rwanda’s post-genocide history, which has been obscured by the horror of what happened over ten weeks in 1994, when Hutu extremists massacred hundreds of thousands of the Tutsi minority. Relieved that the violence has subsided, the developed world has poured aid into the country, and was willing to accept the image Kagame projects as the firm ruler who brought peace to a troubled land. In Rwanda, there are no independent media to tell a different story. President Kagame tolerates no criticism at home, and his opponents abroad have to be constantly aware that his agents might hunt them down.

Rusesabagina is the only Rwandan whose fame matches Kagame’s. He is a Hutu, who ran a hotel in Kigali in 1994, where he provided sanctuary for hundreds of Tutsi, whose lives he saved. They included two tiny children, Anaȉse and Carine Kanimba, whose Tutsi parents had been slaughtered, and whom he adopted as his daughters. His story was told in the 2004 film, Hotel Rwanda.

Rusesabagina went into exile early in Kagame’s presidency – he obtained Belgian citizenship – and became a critic of the regime. In August 2020, he was persuaded by a man he trusted, a pastor named Constantin Niyomwungere, to board a private plane bound – he thought – for Burundi. He had been tricked. The plane landed in Kigali, where Rusesabagina was seized and sentenced to 25 years in prison. A prison term that long, imposed on a man who turned 68 in June, has been aptly described by the Belgian MEP, Kathleen van Brempt, as a “de facto death sentence”.

“Constantin Niyomwungere is an agent of the Rwandan government,” Carine Kanimba claims. “He spent two years getting our father’s trust. He was told ‘you have to find a way of getting him to Rwanda’. Our father believed he was going to an exchange between bishops in Burundi.”

“The flight from Dubai to Rwanda cost 120,000 US dollars,” Anaȉse Kanimba added. “Dad was the only one in the plane, apart from the crew, and Niyomwungere.”

Rwanda is one of the poorest countries in Africa, heavily reliant on foreign aid.

No member of Rusesabagina’s family can risk being in Rwanda while Kagame is in power, so their only contact with him is a five-minute phone call, once a week, on a Friday. He tries to sound upbeat, but they know that he is struggling with health problems. He used to listen to Radio America, but now he is allowed to hear only the strictly controlled Rwandan media.

And yet, considering what they have been through, the sisters come over as remarkably cheerful. They exude confidence that their family will be reunited, citing the precedent of Nazanin Zaghari-Ratcliffe’s release from an Iranian jail, and international opinion is increasingly on their side. “One of the things we have learnt from [Nazanin’s husband] Richard Ratcliffe is to push any button, then follow on, and follow on,” Anaȉse said. “We are certain that Dad will come home.”

Their father’s arrest has been condemned by the European Parliament, and by the UN Working Group on Arbitrary Detention. On 19 May, the US State Department declared that Rusesabagina had been “wrongfully detained” – ironically, on the day after the Home Secretary Priti Patel had met Rwanda’s foreign minister in Geneva to finalise arrangements for deporting asylum seekers to Rwanda. On Tuesday, 21 June, the US House of Representatives debated a motion calling for Rusesabagina’s release. But so far, Kagame’s credibility in the eyes of the UK government is apparently intact.

“The US has taken the courageous road,” Carine remarked. “But what we are seeing from the UK is the opposite – the road of cowardice. Boris Johnson has put Kagame on a pedestal.”

“I don’t have any faith in Boris Johnson,” Anaȉse said. “But maybe Prince Charles will have the humanity and leadership to speak to Kagame.”

What they hope is that Kagame will need to make a gesture to protect his reputation, and releasing the elderly Rusesabagina would be the obvious attention grabber – but if that happens, it still leaves others in his grip, including some exceptionally courageous journalists.

In April 2020, a young journalist named Cyuma Hassan Dieudonne, also known as Dieudonne Niyonsenga, who ran a YouTube channel called Ishema TV, went out to report on conditions in the Rwandan countryside. He was arrested, held in pre-trial detention for 11 months, released, rearrested, and sentenced to seven years in prison, an outcome that Reporters Without Borders has described as “absurd and arbitrary”.

“This guy was so brave,” Carine said. “He is 29 years old, the same age as me, he went out into parts of the country and reported on Covid restrictions, police brutality and all the news the government did not want reported, that is, not about Kigali and its clean streets. His sister has visited him in prison. She says he has been treated so badly that he will probably never have children. This is the consequence of speaking out in Rwanda.”

Even those who flee abroad cannot be sure of escaping the regime’s long arm. Patrick Karegeya was one of Kagame’s comrades in the ex-pat Tutsi army who helped to overthrow Milton Obote in Uganda in 1986, and install the current long-serving president, Yoweri Museveni. With Museveni’s blessing, they invaded Rwanda. Karegeya was head of intelligence in the new regime until he clashed with Kagame, and fled, only to be murdered in a Johannesburg hotel.

The Kanimba sisters have also been harassed and spied on – particularly Carine, who lives in Belgium, while Anaȉse is further out of reach, in Texas. A senior figure in the Rwandan government used Twitter to suggest that Carine merited the ‘Golden Machete’, a sobriquet that pro-Kagame internet trolls use to denounce those they accuse of being pro-genocidaire. It is a category that seems to include anyone and everyone who has criticised the President. Michela Wrong, the British journalist whose meticulously researched book Do Not Disturb demolished the myth of Kagame, was named winner of the 2021 Golden Machete. But machetes were the weapons used to butcher the sisters’ biological parents, so suggesting that Carine deserves a Golden Machete is, at best, a sick joke.

Most frighteningly Carine has been followed in the streets of Brussels by people she believes to be Kagame’s agents, and her phone was infected last summer with the Pegasus software, enabling hackers to trace her movements and overhear her conversations.

She says: “My phone was infected 23 times. There is a person on the other side who is obsessed with knowing what I am doing.”

“It’s all Kagame. I’m a 29-year-old woman. I’m just speaking out. It’s pathetic. Kagame wants to be recognised as a hero. We are targets.

Banned by Beijing

BANNED BY BEIJING THE CHINESE COMMUNIST PARTY'S SUBVERSION OF FREEDOM OF EXPRESSION IN EUROPE With China becoming an increasingly dominant world power, there is growing evidence that an emboldened Chinese Communist Party (CCP) is employing a range of tools aimed at...

The free speech Euros: Group B

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A Russian fan at the Euro 2020 match between Belgium and Russia. Stanislav Krasilnikov/Tass/PA Images

In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?

It’s simple, the worst is ranked first.

We continue today with Group B, which plays the deciding matches of the group stages today.

1st Russia

Unlike their relatively miserable performances on the football pitch, Russia can approach this particular contest as the clear favourites.

The group would be locked up after the first two games, with some sensational play from their three talismans: disinformation, oppressive legislation and attacks on independent media.

Russian disinformation, through the use of social media bots and troll factories, is well known, as is their persistent meddling in foreign elections which infringes on the rights of many to exercise their right to vote based on clear information.

Putin’s Russia has increased its attacks on free speech ever since the 2011 protests over a flawed election process. When protests arose once again all over the country in January 2021 over the detention of former opposition leader Alexei Navalny, over 10,000 people were arrested across the country, with many protests violently dispersed.

Police in the country must first be warned before a protest takes place. A single-person picket is the only form of protest that does not have this requirement. Nevertheless, 388 people were detained in Russia for this very act in the first half of 2020 alone, despite not needing to notify the authorities that eventually arrested them.

Human rights organisation, the Council of Europe (COE), expressed its concerns over Russian authorities’ reactions to the Navalny protests.

Commissioner Dunja Mijatović said: “This disregard for human rights, democracy and the rule of law is unfortunately not a new phenomenon in a country where human rights defenders, journalists and civil society are regularly harassed, including through highly questionable judicial decisions.”

Unfortunately, journalists attempting to monitor these appalling free speech violations face a squeeze on their platforms. Independent media is being deliberately targeted. Popular news site Meduza, for example, is under threat from Russia’s ‘foreign agents’ law.

The law, which free expression non-profit Reporters Without Borders describes as “nonsensical and incomprehensible”, means that organisations with dissenting opinions receiving donations from abroad are deemed to be “foreign agents”.

Those who do not register as foreign agents can receive up to five years’ imprisonment.

Being added to the register causes advertisers to drop out, meaning that revenue for the news sites drops dramatically. Meduza were forces to cut staff salaries by between 30 to 50 per cent.

2nd Belgium

Belgium is relatively successful in combating attacks on free speech. It does, however, make such attacks arguably more of a shock to the system than it may do elsewhere.

The coronavirus pandemic was, of course, a trying time for governments everywhere. But troubling times do not give leaders a mandate to ignore public scrutiny and questioning from journalists.

Alexandre Penasse, editor of news site Kairos, was banned from press conferences after being accused by the prime minister of provocation, while cartoonist Stephen Degryse received online threats after a cartoon that showed the Chinese flag with biohazard symbols instead of stars.

Incidents tend to be spaced apart, but notable. In 2020, journalist Jérémy Audouard was arrested when filming a Black Lives Matter protest. According to the Council of Europe “The policeman tried several times to prevent the journalist, who was showing his press card, from filming the violent arrest of a protester lying on the ground by six policemen.”

There is an interesting debate around holocaust denial, however and it is perhaps the issue most indicative of Belgium’s stance on free speech.

Holocaust denial, abhorrent as it may be, is protected speech in most countries with freedom of expression. It is at least accepted as a view that people are entitled to, however ridiculous and harmful such views are.

The law means that anyone who chooses to “deny, play down, justify or approve of the genocide committed by the German National Socialist regime during the Second World War” can be imprisoned or fined.

Belgium has also considered laws that would make similar denials of genocides, such as the Rwandan and Armenian genocides respectively, but was unable to pursue this due to the protestations of some in the Belgian senate and Turkish communities. It could be argued that in some areas, it is hard to establish what constitutes as ‘denial’, therefore, choosing to ban such views is problematic and could set an unwelcome precedent for future law making regarding free speech.

Comparable legal propositions have reared over the years. In 2012, fines were introduced for using offensive language. Then mayor Freddy Thielemans was quoted as saying “Any form of insult is from now on [is] punishable, whether it be racist, homophobic or otherwise”.

3rd Denmark

Denmark has one of the best records on free speech in the world and it is protected in the constitution. It makes a strong case to be the lowest ranked team in the tournament in terms of free speech violations. It is perhaps unfortunate then, that they were drawn in a group with their fellow Scandinavians.

Nevertheless, no country’s record on free speech is perfect and there have been some concerning cases in the country over the last few years.

2013 saw a contentious bill approved by the Danish Parliament “reduced the availability of documents prepared”, according to freedominfo.org. Essentially, it was argued that this was a restriction of freedom of information requests which are vital tool for journalists seeking to garner correct and useful information.

Acts against freedom of speech tend to be individual acts, rather than a persistent agenda.

Impartial media is vital to upholding democratic values in a state. But, in 2018, public service broadcaster DR was subjected to a funding cut of 20 per cent by the right-wing coalition government.

DR were forced to cut around 400 jobs, according to the European Federation of Journalists, an act that was described as “revenge” at the time.

There have been improvements elsewhere. In 2017, Denmark scrapped its 337-year-old blasphemy law, which previously forbade public insults of religion. At the time, it was the only Scandinavian country to have such a law. According to The Guardian, MP Bruno Jerup said at the time: “Religion should not dictate what is allowed and what is forbidden to say publicly”.

The change to the law was controversial: a Danish man who filmed himself burning the Quran in 2015 would have faced a blasphemy trial before the law was scrapped.

In 2020, Danish illustrator Niels Bo Bojesen was working for daily newspaper Jyllands-Posten and replaced the stars of the Chinese flag with symbols of the coronavirus.

Jyllands-Posten refused to issue the apology the Chinese embassy demanded.

The Council of Europe has reported no new violations of media freedom in 2021.

4th Finland

A good record across the board, Finland is internationally recognised as a country that upholds democracy well.

Index exists on the principle that censorship can and will exist anywhere there are voices to be heard, but it wouldn’t be too crass of us to say that the world would be slightly easier to peer through our fingers at if its record on key rights and civil liberties were a little more like Finland’s.

It is joint top with Norway and Sweden of non-profit Freedom House’s Global Freedom Index of 2021, third in Transparency International’s Corruption Perceptions Index 2020, sixth in The Economist’s Democracy Index 2020 and second in RSF’s World Press Freedom Index.

Add that together and you have a country with good free speech protections.

That is not to say, though, that when cases of free speech violations do arise, they can be very serious indeed.

In 2019, the Committee to Project Journalists (CPJ) called for Finnish authorities to drop charges against journalist Johanna Vehkoo.

Vehkoo described Oulou City Councilor Junes Lokka as a “Nazi clown” in a private Facebook group.

A statement by the CPJ said: “Junes Lokka should stop trying to intimidate Johanna Vehkoo, and Finnish authorities should drop these charges rather than enable a politician’s campaign of harassment against a journalist.”

“Finland should scrap its criminal defamation laws; they have no place in a democracy.”

Indeed, Finnish defamation laws are considered too harsh, as a study by Ville Manninen on the subject of media pluralism in Europe, found.

“Risks stem from the persistent criminalization of defamation and the potential of relatively harsh punishment. According to law, (aggravated) defamation is punishable by up to two years imprisonment, which is considered an excessive deterrent. Severe punishments, however, are used extremely rare, and aggravated defamation is usually punished by fines or parole.”

The study also spoke of another problem, that of increased harassment or threats towards journalists.

Reporter Laura Halminen had her home searched without a warrant after co-authoring an article concerning confidential intelligence.

Other groups

Group A

Group C

Group D

Group E

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