Media freedom in Europe needs action more than words

As we approach World Press Freedom Day, the right to freedom of expression will again be celebrated as an inalienable European value across the continent — by the public, the media and politicians alike. But to many, this will mean little more than engaging in a well trodden mental routine. We hardly consider the difficulties that freedom of expression faces in practice.

In the first part of 2015, more than a third of journalist killings in the word took place in two European countries; France and Ukraine. If it is true that Europe’s reactions to the Charlie Hebdo attack — the majority of them very emotional — were salubrious, they simultaneously gave rise to ambiguous situations. Many of the leaders that will on 3 May reaffirm their commitment free expression, supported the same message by taking part in the historic march in Paris on 11 January.

But upon seeing Angela Merkel, some were also reminded that Germany continues to treat blasphemy as a crime — as do Denmark, Spain, Poland and Greece, among others. Ireland, whose Enda Kenny was also in attendance, has a constitution which specifically mentions blasphemy and in 2010 enacted a new law against it. All these European countries defend themselves by saying that they do not apply their laws against “blasphemers”. That argument does not carry much weight when it comes to opposing those countries — Saudi Arabia, Iran, various Asian countries — that have tried to turn blasphemy into a universal crime recognised by the UN.

Spain’s Mariano Rajoy too marched in solidarity, but his government has taken steps to promote changes in the penal code that would “represent a serious threat to freedom of information, expression and the press”.

And what was Viktor Orban doing in Paris? The Hungarian president has reunified Hungary‘s public media so as to better bind them to his own party. Despite being the leader of an EU country, Orban has followed Vladimir Putin’s example. In this experimental model, the Andrei Sakharov Center and Museum is no longer ordered to close as it was in the old days, but rather fined 300,000 roubles (€5,000) for failing to register as a “foreign agent”. One day brings an announcement of compulsory registration for bloggers in Russia; another day, harassment against Russian and Hungarian NGOs perceived as “unpatriotic”.

Turkish Prime Minister Ahmet Davutohlu traveled to Paris, only to later label Charlie Hebdo’s post-attack issue a “provocation”. A reminder: Turkey is an EU candidate country where dozens of journalists have been sentenced to prison, and where various internet sites, including those that dared to reproduce some of Charlie Hebdo’s caricatures, have been blocked.

But also present at the march, were various representatives of European journalists — myself included. Just behind the Charlie Hebdo survivors, we carried a banner with the message “Nous sommes Charlie”.

Walking next to me was Franco Siddi, of the Italian National Press Federation. He talked to me about how imprisonment for defamation is still a possibility in Italy, though the European Court of Human Rights has ruled it a disproportionate punishment.

In my home country Spain too, this possibility of imprisonment remains, even if under Spanish jurisprudence freedom of expression consistently prevails over the demands of plaintiffs. In Italy, the situation is the same, yet my Italian colleagues point out that in 2014 alone, 462 journalists in the country were threatened with legal action for alleged acts of defamation. And while the current proposal for reform being considered foresees eliminating the possibility of jail time, it increases the potential fines.

This is not the only potential legal threat facing European journalists. Long before 9/11, there existed a reflexive habit of passing “urgent” laws under security pretexts, as in the UK during the most difficult years of the Northern Ireland conflict. The current model is the United States’ Patriot Act, which has recently been discussed in France. Meanwhile, in Britain and Spain are debating what free expression activists describe as “gag laws”. In Macedonia, the sentencing of the investigative journalist Tomislav Kezarovski to two years in prison under one of these security inspired laws stands out as a warning sign.

Against this worrying backdrop, across Europe journalists, freedom advocates, campaigners and even politicians are standing up for press freedom. When Gvozden Srecko Flego, member of the Parliamentary Assembly of the Council of Europe, recently highlighted the cases of Russia, Ukraine, Turkey and Azerbaijan as particularly problematic, he also suggested a countermeasure. He recommends “organising annual debates […], with the participation of journalists’ organisations and media outlets” in the respective parliaments of each state.

Media concentration, one of the most serious challenges to media pluralism and free expression in Europe, is being tackled. One proposal, which some international bodies have already accepted, would create a “Media Identity Card” requiring owners to publicly identify themselves and thus create an environment of more open and transparent media ownership.

When defending freedom of expression as a European value, we cannot allow ourselves to simply fall in into mental routines. This World Press Freedom Day we need both words and actions.

Paco Audije is a member of the Steering Committee of the European Federation of Journalists (EFJ)

World Press Freedom Day 2015

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The women challenging Bosnia’s divided media
World Press Freedom Day: Call to protect freedom of expression

This column was posted on 1 May 2015 at indexoncensorship.org

Is privacy more vital than national security?

Head to head photo

Tim Cross and Martha Lane Fox, credit: Mark Boardman

Martha Lane Fox and retired Major General Tim Cross debate how far governments go when balancing individual rights and safeguarding the nation. This is an extract from a longer feature in the latest issue of Index on Censorship magazine

Martha Lane Fox

When it comes to balancing national security and personal privacy, I believe that your personal data should be your personal data, and that action should be taken based on a case that can be proven, as opposed to looking at everyone in society’s movements and then targeting those who stand out. I am not a fan of the world we seem to be ending up in, and I don’t necessarily believe that it is because of anything malicious. I think it would be better to have a system where your data is your personal property, and there then have to be the same restrictions applied as would be the case if someone wanted to enter your home and go through your belongings or intercept your post.

Tim Cross

Like fighting terrorism, governments have to “fight” with one hand tied behind their backs, but they cannot fight with both hands tied as some would clearly prefer. Individuals will understandably not want governments interfering with, or prying into, their personal privacy, but no one will thank any government if the banking system or consumer supply chains were to collapse. Monitoring cyberspace now forms a key part of any government responsibilities, and is (or should be) included in any national security strategy.

This said, if people fear the state is holding too much data on them unnecessarily and (rightly) demand some semblance of control over what happens with that data, then government is the least of their worries. Leaving aside the fact that government resources are scarce, the idea that some government employee is sitting in a room somewhere carefully sifting through everyone’s email is fanciful. Intelligence and law enforcement have to meet certain criteria including necessity, proportionality and justification. This is absolutely the way it should be. But private firms have no such restrictions in place. Government intelligence and law enforcement agencies are rightly burdened by layers of legality, including authorisations, justifications and audit trails, but big corporations, particularly those whose primary public interface is through cyber means, use and exploit personal details for a wide variety of reasons. While these may sometimes include improving their services, more unpalatably they sell details on to third parties. This is absolutely endemic. Many companies will not allow customers to use their service unless they agree to terms and conditions that essentially mean losing control of their personal details and allowing them to be sold on to the highest bidders. The primary concern of business is making money. Not so with governments, whose intelligence and law enforcement agencies are about deterring/catching enemies and protecting the public.

To read the rest of the debate, click here to subscribe to Index on Censorship magazine. Or buy an individual issue. Or subscribe to the app (free 30-day trial).

Major General (Rtd) Tim Cross (CBE) was commissioned into the British Army in 1971.
He served in Northern Ireland, Macedonia, Albania and Kosovo. He was also the British deputy to the US-led Office of Reconstruction and Humanitarian Affairs, later re-titled the Coalition Provisional Authority. He is chair of the think-tank Theos

Martha Lane Fox is chair of Go On UK, a digital skills charity which helps people to get online. She co-founded travel website lastminute.com, and in 2013 became a crossbench peer in the House of Lords