26 Apr 2018 | Campaigns -- Featured, Statements, Turkey, Turkey Statements
[vc_row][vc_column][vc_column_text]
Turkish newspaper Cumhuriyet has a history of tangling with the country’s governments.
We, the undersigned freedom of expression and human rights organisations, strongly condemn last night’s guilty verdicts for staff and journalists of Cumhuriyet newspaper and note the harsh sentences for the defendants. The verdict further demonstrates that Turkey’s justice system and the rule of law is failing: this was a trial where the ‘crime’ was journalism and the only ‘evidence’ was journalistic activities.
While three Cumhuriyet staff were acquitted, all the remaining journalists and executives were handed sentences of between 2 years, 6 months and 8 years, 1 month. Time already served in pretrial detention will likely be taken into consideration, however all will still have jail terms to serve, and those with the harshest sentences would still have to serve approximately 5 years. Travel bans have been placed on all defendants, barring the three that were acquitted, in a further attempt to silence them in the international arena.
Several of our organisations have been present to monitor and record the proceedings since the first hearing in July 2017. The political nature of the trial was clear from the outset and continued throughout the trial. The initial indictment charged the defendants with a mixture of terrorism and employment related offenses. However, the evidence presented did not stand the test of proof beyond reasonable doubt of internationally recognizable crimes. The prosecution presented alleged changes to the editorial policy of the paper and the content of articles as ‘evidence’ of support for armed terrorist groups. Furthermore, despite 17 months of proceedings, no credible evidence was produced by the prosecution during the trial.
The indictment, the pre-trial detention and the trial proceedings violated the human rights of the defendants, including the right to freedom of expression, the right to liberty and security and the right to a fair trial. Furthermore, the symbolic nature of this trial against Turkey’s most prominent opposition newspaper undoubtedly has a chilling effect on the right to free expression much more broadly in Turkey and restricts the rights of the population to access information and diverse views.
“We observed violations of the right to a fair trial throughout the hearings. Despite the defence lawyers arguing that the basic requirements for a fair trial, such as an evidence-based indictment, were lacking these arbitrary sentences were handed down in order to attempt to intimidate one of the last remaining bastions of the independent press in Turkey,” said Turkey Advocacy Coordinator, Caroline Stockford.
The defence team repeatedly relied on the rights enshrined in the Turkish Constitution, as well as the case law of the European Court of Human Rights, demonstrating the importance of European human rights law to Turkey’s domestic legal system.
“‘Journalism is not a crime’ was declared again and again by the defendants and their lawyers and yet, despite the accusations containing no element of crime, the defendants served a collective total of 9.5 years in pretrial detention, and were found guilty at the end of an unfair trial,” said Jennifer Clement, President of PEN International.
Speedy rulings on legal cases of Turkish journalists, which include the Cumhuriyet cases of Murat Sabuncu and others and staff writer Ahmet Şık cases, pending before the European Court of Human Rights (ECtHR) are crucial. This is not only to redress the rights violations of the many journalists still languishing in detention, but also to defend the independence and impartiality of the judiciary itself in Turkey. The Cumhuriyet case and other prominent trials against journalists clearly demonstrate that the rule of law is totally compromised in Turkey then there is little hope for fair or speedy domestic judicial recourse for any defendant.
“The short three hours of deliberation by the judicial panel did not give the impression that the case was taken seriously. The 17 months during which there have been 7 hearings of this utterly groundless trial have damaged independent journalism in Turkey at a time when over 90% of the media is under the sway of the administration,” said Nora Wehofsits, Advocacy Officer, European Centre for Press and Media Freedom (ECPMF).
The guilty verdicts against the Cumhuriyet journalists and executives must be overturned and the persecution of all other journalists and others facing criminal charges merely for doing their job and peacefully exercising their right to freedom of expression must be stopped. The authorities must immediately lift the state of emergency and return to the rule of law. The independence of the Turkish courts must be reinstated, enabling it to act as a check on the government, and hold it accountable for the serious human rights violations it has committed and continues to commit.
In light of the apparent breakdown of the rule of law and the fact that Turkish courts are evidently unable to deliver justice, we also call on the ECtHR to fulfil its role as the ultimate guardian of human rights in Europe, and to rule swiftly on the free expression cases currently pending before it and provide an effective remedy for the severe human rights violations taking place in Turkey.
Furthermore, we call on the institutions of the Council of Europe and its member states to remind Turkey of its international obligation to respect and protect human rights, in particular the right to freedom of expression and the right to a fair trial, and to give appropriate priority to these issues in their relations with Turkey, both in bilateral and multilateral forums. In addition, the Council of Europe’s member states should provide adequate support to the ECtHR.
We also call on the European and International media to continue to support their Turkish colleagues and to give space to dissenting voices who are repressed in Turkey.
Amnesty International
Article 19
Articolo 21
Association of European Journalists (AEJ)
Committee to Protect Journalists (CPJ)
Cartoonists Rights Network International (CRNI)
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Freedom House
Global Editors Network
Index on Censorship
Initiative for Freedom of Expression
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Italian Press Federation
Norwegian PEN
Osservatorio Balcani e Caucaso – Transeuropa
Ossigeno per l’informazione
PEN America
PEN Belgium-Flanders
PEN Centre Germany
PEN Canada
PEN International
PEN Netherlands
Platform for Independent Journalism (P24)
Reporters without Borders
Research Institute on Turkey
South East Europe Media Organisation (SEEMO)
WAN-ifra[/vc_column_text][/vc_column][/vc_row]
23 Apr 2018 | News and features, Turkey, Turkey Uncensored
[vc_row][vc_column][vc_column_text]
Academic Sharo Ibrahim Garip
Even before the attempted coup in July 2016, the situation for academics within Turkey was drastically changing.
Marking a turning point for the country’s political environment, the failed July 2016 coup was an attempt to oust president Recep Tayyip Erdogan.
In 2016 hundreds of academics were dismissed from their positions without notice, including sociologist Sharo Ibrahim Garip, who taught at Yuzuncu Yil University in the East Anatolian city of Van, Turkey.
A German national with Kurdish roots, Garip was dismissed from his position at the university in February 2016. Accused of spreading terrorist propaganda, he was arrested in January 2016 and placed under a two-year travel ban, after he signed a petition, along with 1,227 other academics, urging the Turkish government to end its crackdown on Kurdish communities in Turkey’s southeast.
The petition by Academics for Peace called for a peaceful situation to the conflict with the Kurdish Workers Party (PKK), a terrorist group seeking an independent Kurdish state within Turkey. Garip and the other academics denounced “war-like conditions” in the south-east and accused the government of an “extermination and expulsion policy” following the end of a ceasefire with the group and Turkish security forces in 2015. President Erdogan referred to them as “so-called intellectuals” and accused the signatories of “treason”.
Although there was no evidence Garip supported the group, he was still unable to leave the country or practice his profession, although his German citizenship prevented him from being detained pre-trial. Now working at the University of Essen-Duisburg, Garip spoke with Danyaal Yasin of Index on Censorship about his dismissal and the situation for academics following the coup.
Index: After you and hundreds of other academics were dismissed, what were your initial thoughts?
Sharo Ibrahim Garip: I was at the university. I received just a one-sentence decision from the university administration: “Mr Garip’s contract has been cancelled as the university no longer requires his services.” It was not surprising to me because I had already expected such an outcome. The history of the Turkish state is rife with instances of the elimination of political opposition, particularly critical thinkers such as academics and journalists. It was a planned action to eliminate critical thinkers from universities and the public sector. All those changes in the bureaucracy and public sector started before the military coup and continued following the civilian putsch. I could clearly observe the regime change in silence, but it was not possible to stop.
Index: Where were you when you found out? How did this affect you and your family?
Garip: I was detained on 15 January 2016 at the university in Van. I had to spend one night and one day in a jail cell of the special anti-terror unit of the police. I realised that I was a hostage from the beginning. I was threatened and humiliated during my interrogation. My family (who live mostly in Norway and Austria) was extremely concerned for my life. They still recall the events of the 1990s in Turkey, when many people were jailed/tortured or murdered, including the well-known cases of Hrant Dink and Tahir Elci, as well as many other intellectuals. The signatories have also been publicly exposed in the press and social media by government supporters and nationalists, leading to fears of reprisals from a mafia boss who declared that they will “spill the blood” of the signatories.
Index: What was the most difficult part?
Garip: I was removed from my academic position at Yuzuncu Yil (One Hundredth Year) University in Van in February 2016 because I had signed the petition by Academics for Peace, calling on the Turkish government to pursue a peaceful approach in its conflict with the Kurds, and in order to further punish me, the government forbade me to leave the country. I experienced a kind of structural violence, to live in Turkey without a job, health insurance, or a home. I shared a flat with friends for a while. I was trying to survive under very difficult conditions. I also experienced psychological violence. For example, all my phone calls were tapped and I was under regular surveillance. These had a very deep psychological effect on me. I didn’t want to meet with friends because I was constantly afraid of being attacked, imprisoned, killed, or tortured.
Under such circumstances is almost impossible to teach or produce any kind of academic work, write articles, do research, and so on.
It was painful to observe a country sink into political disaster again. Escalation of tensions, political collapse, and the war go back to the 90s, with civil war, political murders, missing people, bombing attacks on peaceful gatherings and meetings. It is also difficult to accept that at the moment approximately 70,000 students are in prison. One of my best students (who is only 22 years old) has been sentenced to 10 years in prison.
Index: Did you have to conceal your Kurdish heritage when studying or teaching?
Garip: No, I have never concealed my heritage. On the contrary, I disclosed my Kurdish heritage from the first day of teaching at the university in Van. Every day I talked to my students first in Kurdish and then continued in Turkish or sometimes in English. I arranged a Kurdish language course for sociology students as well. Kurds in Turkey have been assimilated for many years, a humiliating experience. Most Kurdish students have been psychologically damaged/traumatised by the violence perpetrated by the Turkish government. It was important to me to give my students a feeling of self-worth. This enabled me to establish a foundation of trust with my students, something not many other academics did.
Index: Why do you think academics are being brought to trial? What is the government’s goal?
Garip: It should be mentioned that Turkey has never, since its inception in 1921 until today, been a truly democratic country. Neither academic freedom nor freedom of speech has ever truly existed. The Turkish government has always thought of academics as well-paid public servants, a position which enjoys great privilege. Most Turkish academics have generally been loyal to the state and supported the official ideology. The petition for peace represented the first time that academics showed disloyalty to the state ideology, especially with regard to the Kurdish issue. For an authoritarian regime, such criticism was simply not acceptable. In this way, the government will punish academics. Turkey now appears to be inclined to go from an authoritarian regime to a totalitarian one. All undemocratic regimes try to maintain total control over society (the consolidation of institutional powers such as the NS regime). The masses must be repressed, and the media and intellectuals must be silenced and browbeaten. This is the goal of the government, which is why academics have been brought to trial. The academics have been punished in a number of different yet effective ways: dismissal, foreign travel bans, disciplinary processes.
Index: What has been the biggest change for academics in the country since the attempted coup?
Garip: The universities, schools, media, judiciary, and also parliament are now under the total control of the government. In particular, schools, the media, and universities have been shaped by a new ideology, which is both religious and nationalist. Many academics have been dismissed; more than 150,000 people in the public sector have lost their jobs. In the wake of the civilian putsch, 40,000 teachers, 8,247 academics, and 4,000 prosecutors and judges have been dismissed.
At universities, cultural events and demonstrations are forbidden. Students are not allowed to choose topics for their master or doctoral studies. At the moment four academics are in prison and another 15 academics and I have been sentenced to one year and three months in prison. Academics in Turkey are trying to survive; many of them live in very poor conditions. They have come up with new ideas such as establishing houses of culture or academies on the street. It is important to mention that academics and intellectuals all over the world, including Judith Butler, Etienne Balibar, and many other prominent academics have supported academics in Turkey. The quality of education is declining rapidly because many well-educated professors and instructors are leaving Turkey.
Index: Was there backlash from other academics when the petition came out?
Garip: Yes, at first. After the petition for peace came out, a petition titled “We support our government against terrorism” was signed by 5,000 academics. Some colleagues at the university definitely distanced themselves from me. The reason for this was partly ideological and partly out of fear. However, some academics supported me, as did most of my students.
Index: Do you feel the current climate will ever improve within the country?
Garip: I don’t like to be completely pessimistic but it is very difficult to expect much change within a short period. Possibly the situation may improve over the long term. At the moment we are confronted with a regime change and a government acting in desperation. Turkish society is extremely polarised and the political climate embittered. Structures within the government have been almost completely stripped down. It will be not easy to shift society from an authoritarian structure to a democratic one. We cannot forget that half of Turkey wants a secular and democratic government.
Index: You are now based in Germany – how does it feel to teach again?
Garip: It is wonderful. Here I enjoy a climate of freedom with my students. As I stated above, I have academic freedom and freedom of speech here which I wish my Turkish friends also had. While I was in Van, Turkey I invited many professors from London, Canada, and Germany to give lectures to my students via Skype. I wish to thank them for their excellent contributions. If I have the opportunity I would like to teach my students in Van from Germany via Skype as well.
Index: How has your work changed since leaving Turkey?
Garip: To be honest it was not easy to settle down. I had to start from the bottom again. But thanks to the social government and constitutional democracy in Germany, I was fortunate to receive help from many of my friends. I received a scholarship first for three months from the University of Essen-Duisburg and now have a fellowship from the University of Cologne. I am currently working on a research project. I have finished a new article and can publish it without fear. In short, I enjoy academic freedom and freedom of speech again. I wish all my friends in Turkey could enjoy such freedoms as well.
Index: Do you think you will ever return to Turkey?
Garip: Yes, of course I will. Travelling is an essential human right. I will visit my friends there or attend conferences and work on research projects.
A previous version of this article incorrectly stated that “the intended coup was an attempt to protect the country’s democracy from president Recep Tayyip Erdogan”. This was updated on 24 April 2018[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1524653051961-3c4f18a5-613b-9″ taxonomies=”8607″][/vc_column][/vc_row]
19 Apr 2018 | Awards, News and features
[vc_row][vc_column][vc_column_text]
Each year, the Index on Censorship Freedom of Expression Awards gala honours courageous champions who fight for free speech around the world.
Drawn from more than 400 crowdsourced nominations, this year’s nominees include artists, journalists, campaigners and digital activists tackling censorship and fighting for freedom of expression. Many of the 16 shortlisted are regularly targeted by authorities or by criminal and extremist groups for their work: some face regular death threats, others criminal prosecution.
The gala takes place on Thursday 19 April in London and will be hosted by stand-up poet Kate Fox.
We will be live tweeting throughout the evening on @IndexCensorship. Get involved in the conversation using the hashtag #IndexAwards2018. Listen LIVE beginning at 7:30pm BST on Resonance FM
Index on Censorship Freedom of Expression Awards nominees 2018
Arts
Jamal Ali, Azerbaijan
Jamal Ali is an exiled rap musician with a history of challenging Azerbaijan’s authoritarian regime. Ali was one of many who took to the streets in 2012 to protest spending around the country’s hosting of the Eurovision song contest. Detained and tortured for his role in the protests, he went into exile after his life was threatened. Ali has persisted in challenging the government by releasing music critical of the country’s dynastic leadership. Following the release of one song, Ali’s mother was arrested in a senseless display of aggression. In provoking such a harsh response with a single action, Ali has highlighted the repressive nature of the regime and its ruthless desire to silence all dissent.
Full profile
Silvanos Mudzvova, Zimbabwe
Playwright and activist Silvanos Mudzvova uses performance to protest against the repressive regime of recently toppled President Robert Mugabe and to agitate for greater democracy and rights for his country’s LGBT community. Mudzvova specialises in performing so-called “hit-and-run” actions in public places to grab the attention of politicians and defy censorship laws, which forbid public performances without police clearance. His activism has seen him be traumatically abducted: taken at gunpoint from his home he was viciously tortured with electric shocks. Nonetheless, Mudzvova has resolved to finish what he’s started and has been vociferous about the recent political change in Zimbabwe.
Full profile
The Museum of Dissidence, Cuba
The Museum of Dissidence is a public art project and website celebrating dissent in Cuba. Set up in 2016 by acclaimed artist Luis Manuel Otero Alcántara and curator Yanelys Nuñez Leyva, their aim is to reclaim the word “dissident” and give it a positive meaning in Cuba. The museum organises radical public art projects and installations, concentrated in the poorer districts of Havana. Their fearlessness in opening dialogues and inhabiting public space has led to fierce repercussions: Nuñez was sacked from her job and Otero arrested and threatened with prison for being a “counter-revolutionary.” Despite this, they persist in challenging Cuba’s restrictions on expression.
Full profile
Abbad Yahya, Palestine
Abbad Yahya is a Palestinian author whose novel, Crime in Ramallah, was banned by the Palestinian Authority in 2017. The book tackles taboo issues such as homosexuality, fanaticism and religious extremism. It provoked a rapid official response and all copies of the book were seized. The public prosecutor issued a summons for questioning against Yahya while the distributor of the novel was arrested and interrogated. Yahya also received threats and copies of the book were burned. Despite this, he has spent the last year raising awareness of freedom of expression and the lives of young people in the West Bank and Gaza, particularly in relation to their sexuality.
Full profile
Campaigning
Egyptian Commission for Rights and Freedoms, Egypt
The Egyptian Commission for Rights and Freedoms is one of the few human rights organisations still operating in a country which has waged an orchestrated campaign against independent civil society groups. Egypt is becoming increasingly hostile to dissent, but ECRF continues to provide advocacy, legal support and campaign coordination, drawing attention to the many ongoing human rights abuses under the autocratic rule of President Abdel Fattah-el-Sisi. Their work has seen them subject to state harassment, their headquarters have been raided and staff members arrested. ECRF are committed to carrying on with their work regardless of the challenges.
Full profile
National Gay and Lesbian Human Rights Commission, Kenya
The National Gay and Lesbian Human Rights Commission is the only organisation in Kenya challenging and preventing LGBTI discrimination through the country’s courts. Even though homosexuality isn’t illegal in Kenya, homosexual acts are. Homophobia is commonplace and men who have sex with men can be punished by up to 14 years in prison, and while no specific laws relate to women, former Prime Minister Raila Odinga has said lesbians should also be imprisoned. NGLHRC has had an impact by successfully lobbying MPs to scrap a proposed anti-homosexuality bill and winning agreement from the Kenya Medical Association to stop forced anal examination of clients.
Full profile
Open Stadiums, Iran
The women behind Open Stadiums risk their lives to assert a woman’s right to attend public sporting events in Iran. The campaign challenges the country’s political and religious regime, and engages women in an issue many human rights activists have previously thought unimportant. Iranian women face many restrictions on using public space. Open Stadiums has generated broad support for their cause in and out of the country. As a result, MPs and people in power are beginning to talk about women’s rights to attend sporting events in a way that would have been taboo before.
Full profile
Team 29, Russia
Team 29 is an association of lawyers and journalists that defends those targeted by the state for exercising their right to freedom of speech in Russia. It is crucial work in a climate where hundreds of civil society organisations have been forced to close and where increasingly tight restrictions have been placed on public protest and political dissent since mass demonstrations rocked Russia in 2012. Team 29 conducts about 50 court cases annually, many involving accusations of high treason. Aside from litigation, they offer legal guides for activists and advice on what to do when summoned by state security for interrogation.
Full profile
Digital Activism
Digital Rights Foundation, Pakistan
In late 2016, the Digital Rights Foundation established a cyber-harassment helpline that supported more than a thousand women in its first year of operation alone. Women make up only about a quarter of the online population in Pakistan but routinely face intense bullying including the use of revenge porn, blackmail, and other kinds of harassment. Often afraid to report how badly they are treated, women react by withdrawing from online spaces. To counter this, DRF’s Cyber Harassment Helpline team includes a qualified psychologist, digital security expert, and trained lawyer, all of whom provide specialised assistance.
Full profile
Fereshteh Forough, Afghanistan
Fereshteh Forough is the founder and executive director of Code to Inspire, a coding school for girls in Afghanistan. Founded in 2015, this innovative project helps women and girls learn computer programming with the aim of tapping into commercial opportunities online and fostering economic independence in a country that remains a highly patriarchal and conservative society. Forough believes that with programming skills, an internet connection and using bitcoin for currency, Afghan women can not only create wealth but challenge gender roles and gain independence.
Full profile
Habari RDC, Congo
Launched in 2016, Habari RDC is a collective of more than 100 young Congolese bloggers and web activists, who use Facebook, Twitter and YouTube to give voice to the opinions of young people from all over the Democratic Republic of Congo. Their site posts stories and cartoons about politics, but it also covers football, the arts and subjects such as domestic violence, child exploitation, the female orgasm and sexual harassment at work. Habari RDC offers a distinctive collection of funny, angry and modern Congolese voices, who are demanding to be heard.
Full profile
Mèdia.cat, Spain
Mèdia.cat is a Catalan website devoted to highlighting media freedom violations and investigating under-reported stories. Unique in Spain, it was a particularly significant player in 2017 when the disputed independence referendum brought issues of censorship and the impartiality of news under the spotlight. The website provides an online platform that systematically catalogues censorship perpetrated in the region. Its map on censorship offers a way for journalists to report on abuses they have personally suffered.
Journalism
Avispa Midia, Mexico
Avispa Midia is an independent online magazine that prides itself on its use of multimedia techniques to bring alive the political, economic and social worlds of Mexico and Latin America. It specialises in investigations into organised crime and the paramilitaries behind mining mega-projects, hydroelectric dams and the wind and oil industry. Many of Avispa’s reports in the last 12 months have been focused on Mexico and Central America, where the media group has helped indigenous and marginalised communities report on their own stories through audio and video training.
Wendy Funes, Honduras
Wendy Funes is an investigative journalist from Honduras who regularly risks her life for her right to report on what is happening in the country, an extremely harsh environment for reporters. Two journalists were murdered in 2017 and her father and friends are among those who have met violent deaths in the country – killings for which no one has ever been brought to justice. Funes meets these challenges with creativity and determination. For one article she had her own death certificate issued to highlight corruption. Funes also writes about violence against women, a huge problem in Honduras where one woman is killed every 16 hours.
MuckRock, United States
MuckRock is a non-profit news site used by journalists, activists and members of the public to request and share US government documents in pursuit of more transparency. MuckRock has shed light on government surveillance, censorship and police militarisation among other issues. MuckRock produces its own reporting, and helps others learn more about requesting information. Last year the site produced a Freedom of Information Act 4 Kidz lesson plan to help educators to start discussions about government transparency. Since then, they have expanded their reach to Canada. The organisation hopes to continue increasing their impact by putting transparency tools in the hands of journalists, researchers and ordinary citizens.
Novosti, Croatia
Novosti is a weekly Serbian-language magazine in Croatia. Although fully funded as a Serb minority publication by the Serbian National Council, it deals with a whole range of topics, not only those directly related to the minority status of Croatian Serbs. In the past year, the outlet’s journalists have faced attacks and death threats mainly from the ultra-conservative far-right. For its reporting, the staff of Novosti have been met with protest under the windows of the magazine’s offices shouting fascist slogans and anti-Serbian insults, and told they would end up killed like Charlie Hebdo journalists. Despite the pressure, the weekly persists in writing the truth and defending freedom of expression.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1524073803130-58a2be32-5f5a-7″ taxonomies=”8935″][/vc_column][/vc_row]
16 Apr 2018 | Campaigns -- Featured, Media Freedom, media freedom featured, Statements
[vc_row][vc_column][vc_column_text]
Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder.
Around the world, big business and corrupt politicians are using threats of legal action to silence journalists and other critics — including NGOs and activists.
Usually this starts with a letter threatening expensive proceedings unless online articles are rewritten or removed altogether, and demanding an agreement not to publish anything similar in the future. The letters often tell the recipient that they cannot even report the fact that they have received the letter.
This process is known as a SLAPP (Strategic Lawsuit Against Public Participation). SLAPPs are designed to intimidate and silence critics by burdening defendants with huge legal costs. The purpose of SLAPPs is not to win the case. They are vexatious and are designed to eat up time and resources. They are a way to harass and intimidate journalists and others and dissuade them from reporting.
SLAPP suits are a particular problem for independent media outlets and other small organisations. They are financially draining and can take years to process. Faced with the threat of a lengthy litigation battle and expensive legal fees, many who receive SLAPPs are simply forced into silence.
Don’t let them silence you
Index believes that by encouraging journalists and media outlets to talk more openly about these threats, we can begin to put an end to the use of these vexatious lawsuits that threaten democracy.
We support an initiative by members of the European Parliament for a new directive to tackle SLAPPs.
We also know that getting such changes takes time. But it can be done. In the United States, 34 states have enacted laws to combat SLAPPs. California, which adopted its anti-SLAPP legislation in 2009, enables defendants to sue the original plaintiff for malicious prosecution or abuse of process.
In 2015 Canada passed the Protection of Public Participation Act, which aimed to implement a fast-track review process to identify and end vexatious lawsuits.
In the meantime, there are some steps that all journalists can take to help put an end to this practice.
1. Know you are not alone
Journalists from Albania to Japan have received such letters. In Malta, for example, The Shift News website received a letter late last year from law firm Henley and Partners demanding an article be removed. Henley and Partners also stated that the letter was not to be made public.
Daphne Caruana Galizia, the Maltese investigative journalist who was assassinated in October 2017, had numerous lawsuits pending at the time of her murder. She was being sued by Pilatus Bank, a Maltese-based financial institution she frequently criticised. The lawsuit was filed in the USA and dropped following the killing.
Other Maltese media groups, faced with legal threats, have complied with Pilatus Bank’s requests, and deleted and amended articles in their online archives. Pilatus denies any wrongdoing.
In the UK, Appleby, the firm associated with the Paradise Papers, is threatening legal action against the Guardian and the BBC, demanding they disclose any of the six million Appleby documents that informed their reporting and seeking damages for the disclosure of what it says are confidential legal documents.
2. Tell others if you receive a letter
Speak to someone you trust. This could be a colleague at your place of work, your local union or a representative from a nonprofit organisation working in your country or region. Nonprofit organisations and others working in the field of journalist safety include:
Article 19
Committee to Protect Journalists
European Centre for Press and Media Freedom
European Federation of Journalists
International Press Institute
Index on Censorship
Reporters Without Borders
SEEMO
A major fear when receiving a SLAPP letter from a large law firm can be a sinking feeling that you might indeed have something wrong with your story. This casts a long shadow of self-doubt and can prevent journalists even from discussing the letters with each other within the same newsroom.
If you receive these legal threats, discuss them with journalists from other publications who are working on similar stories. This is often the only way to find out that the subject of your investigations is trying to shut down the public discussion systematically. “Discovering that pattern is not only a story in itself, but critically important in helping journalists work together to defend themselves,” says investigative reporter Matthew Caruana Galizia.
3. Report it
If you work in one of the countries covered by the project, you should report such threats to the Index on Censorship Mapping Media Freedom platform, which documents threats to media freedom. Index works with other organisations to raise the worst cases with the Council of Europe so that the council can raise cases directly with the governments concerned.
When you document these threats on Mapping Media Freedom, you help to show that they exist and are a problem for journalists and the public, who are robbed of their right to know. Once we have that documentary evidence, we can push harder for a change in legislation. We believe that the number of threats would speak for themselves, if everyone in the countries we cover reported them.
4. Know your rights
Get expert legal advice but remember that not all lawyers are the same. There are lawyers who are experienced in dealing with SLAPPs. For example, the European Centre for Press and Media Freedom has a legal team that can advise on SLAPP lawsuits and Doughty Street Chambers has an International Media Defence Panel who regularly assist journalists and NGOs faced with these kinds of threats.
Have you received a SLAPP letter? Let us know. Spreading the word about this cases is important in tackling the problem. The more we can document the extent of this issue, the easier it will be to address it. Please let us know by contacting Joy Hyvarinen, Head of Advocacy, at [email protected]. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1523875014232-cb75410f-355e-4″ taxonomies=”8996″][/vc_column][/vc_row]
