Mapping Media Freedom: 2017 in review

[vc_row][vc_column][vc_column_text]This year saw 1,035 media freedom violations reported to Index on Censorship’s Mapping Media Freedom, a project that monitors media freedom in 42 countries, including all EU member states. To highlight the most pressing concerns for press freedom in Europe, Index’s MMF correspondents discuss the violations that stood out most.

Russia / 197 verified reports in 2017
“In November Russia adopted a new restrictive law against foreign media. It allows recognising foreign media as foreign agents, which makes them subjects of numerous additional checks and obliges them to mark the content as produced by a foreign agent. The vague and ambiguous wording means it applies to many outlets – from established media to email newsletters. Which media will be recognised as foreign agents will be decided by Russian Ministry of justice. However, US media such as Voice of America or Radio Free Europe/Radio Liberty have already received warnings about possible restrictions on their work in Russia.” — Ekaterina Buchneva

Turkey / 132 verified reports in 2017
“Although 155 journalists are currently imprisoned in Turkey — almost all of them on trumped-up charges — the trial of journalist Nedim Türfent, who reported on security operations in Turkey’s Kurdish regions, is by far the worst violation as open experiences of torture at the hands of police officers were recounted by at least a dozen people in the case. This violation shows that torture is making a comeback in Turkey.” — Barış Altıntaş

More on Nedim Türfent’s case.

Belarus / 92 verified reports in 2017
The mass detention of journalists on Freedom Day in March was indicative of the Belarusian authorities’ campaign launched in 2017 on preventing journalists from performing their professional duties. The situation was provoked by mass protests across Belarus against introducing presidential decree on “social parasites”, which imposes a tax on the unemployed amid increasing economic crisis. The authorities have shown their real attitude to freedom of speech through real hunting on independent journalists and bloggers that are blocked from access to information, detained, jailed, and fined.” — Volha Siakovich

Spain / 66 verified reports in 2017
“The referendum on the independence of Catalonia, north-east of Spain, provoked an avalanche of incidents against reporters. On 1 October 2017, on the day of referendum considered illegal by the Spanish Constitutional Court, various journalists were assaulted during police intervention in polling stations. Spanish public television RTVE was biased in favour of Spanish unity while Catalan public television TV3 was biased in favour of the independence. In the aftermath of the referendum, many reporters on the ground suffered insults and assaults usually during street rallies. Unionist protesters used to insult and assault Catalan media. Catalunya Radio glass door was smashed and TV3 car window broken. Catalan protesters chanted “Spanish press manipulators” during Spanish televisions live coverage and Crònica Global website headquarters vandalised with spray paints and posters. The Catalan political question brought a wave of intimidation against journalists, never seen in such numbers and scale in recent years.” — Miho Dobrasin

Italy / 57 verified reports in 2017
“In 2017 Italian journalists experienced a high level of conflict with the judiciary. Journalists are constantly possible targets of law enforcement raids, also in breaching the privacy of journalists’ sources. In July, Il Fatto Quotidiano journalist Marco Lillo’s house was searched because he published a scoop concerning the investigation on people close to Matteo Renzi, prime minister at time time, for a case of corruption at the most important contracting authority in Italy: Consip. Last but not least, Il Sole 24 Ore journalist Nicola Borzi had seized his computer and archives by the law enforcement because he revealed a “secret of State”, without any formal charge against the journalist. These events show how hard is making scoops in Italy. Moreover, journalists are constantly targeted with lawsuits, frequently used as threats against freelancers. Nowadays the big unsolved issue for Italian journalism is at court.” — Lorenzo Bagnoli

France / 54 verified reports in 2017
“In February, presidential candidate Fillon smeared media outlets who covered alleged corruption case. This was an important moment in the treatment of the media in France. When accused of corruption, conservative presidential candidate François Fillon refused to step down and chose to attack the media and journalists. Journalists covering his campaign saw their working conditions deteriorate and had supporters insulting and attacking them.” — Valeria Costa-Kostritsky

Azerbaijan / 47 reports in 2017
“While there on-going violations of press freedom in Azerbaijan such as the jailing of journalists, office raids, bogus charges and other forms of persecution of journalists, I chose the blocking of opposition and independent news websites in March because it is a sign of further deterioration of media freedom in Azerbaijan. If before there were deliberate slowdowns or DDoS attacks, changes in legislation give full authority to the government institutions wanting to shut down or limit access to the flow of independent and alternative news.” — Arzu Geybullayeva

Croatia / 33 verified reports in 2017
“In September, around 20 members of the Autochthonous Croatian Party of Rights (A-HSP), a far-right political party, which is led by Drazen Keleminec, burned a copy of weekly newspaper Novosti, regional broadcaster N1 reported. This is another example where nationalistic and conservative narratives are endangering media freedom. In this particular case a right-wing political party is targeting the others, in this case the others is an ethnically and linguistically minority weekly, describing them as enemies of the state. The widespread narrative that has resulted in several severe media freedom infringements in this EU country.” — Ilcho Cvetanoski

Macedonia / 27 verified reports in 2017
“During the April’s storming of the Assembly building in the capital Skopje, 23 media workers were physically assaulted, threatened or barred from reporting at the scene. This case perfectly exemplifies what happens when political elites intentionally demonize and dehumanize media workers that are critically observing theirs work by describing them as traitors and foreign mercenaries. In the eyes of the common people, they instantly became a legitimate target. This is a widespread trend in Southeast Europe.” — Ilcho Cvetanoski

Bosnia and Herzegovina / 21 verified reports in 2017
The case of Dragan Bursac is one of the many cases in Southeast Europe where journalists/media workers are threatened/attacked for challenging the mainstream nationalistic narrative. Namely, he was critical on the fact that a military leader, accused of committing war crimes, crimes against humanity and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY), is celebrated as a hero by the politicians and media.” — Ilcho Cvetanoski

Germany / 20 verified reports in 2017
“It is extremely concerning that journalists were assaulted and intimidated when reporting on protests in Hamburg. Journalists are there to do their job and it is important that they are able to tell the world what is happening at protests such as the ones in Hamburg.” – Joy Hyvarinen

Hungary / 20 verified reports in 2017
“There is an important change of tactics regarding censorship and defaming independent media in Hungary: instead of attacking the outlets critical to the government, the vast pro-government media started smearing individual journalists, trying to intimidate and discredit the few critical voices who are left in Hungary.” — Zoltan Sipos

Romania / 16 verified reports in 2017
“The national news agency AGERPRES might lose its independence after a draft law enabling the political majority to dismiss the director-general was passed by the chamber of deputies in Romania. If passed in the senate as well, such a provision would have the same impact as on the management of the Romanian Radio Broadcasting Corporation (SRR) and the Romanian National Television Corporation (SRTV): following each election, the SRR and SRTV administration boards can be dismissed before the end of their mandates to reflect the new political forces.” — Zoltan Sipos

United Kingdom / 17 verified reports in 2017
“In the United Kingdom, after the Grenfell tower fire, which claimed 71 deaths, Kensington and Chelsea council tried to ban journalists from attending their first council meeting. Five media organisations had to challenge this legally to gain access. This was a very important case illustrating how difficult it was to gain access and to expect accountability from the organisation which ran the council block.” — Valeria Costa-Kostritsky

Sweden / 15 verified reports in 2017
“The systematic campaign to smear and misrepresent journalists by Granskning Sverige was symptomatic of a wider attack on the legitimacy of liberal and left media by Sweden’s far-right movement, but the campaign detailed by the reporters at the Eskilstuna-kuriren newspaper was orchestrated and unlike anything seen before in the country.” — Dominic Hinde

Greece / 13 verified reports in 2017
“In February 2017, two journalists were harassed by far-right wing protesters, preventing refugee children from attending classes. This is very important, because it shows that although Greece’s economic and refugee crisis seem to have calmed down in the last year, the support for far-right wing organisations doesn’t show any sign of shrinking. This also concerns journalists in Greece, whose safety is in danger every day.” — Christina Vasilaki

The Netherlands / 12 verified reports in 2017
“The Netherlands is considered to be one of the countries where media freedom is widely protected. However, cases like the rape threats levelled at a journalist in May show that media workers are subjected to all sorts of threats. In this case it were rape threats by a popular right-wing weblog. This creates an atmosphere in which it’s conceived normal to use comments and social media to discredit and threaten a journalist. It also highlights the dangers and risks that female journalists face.” — Mitra Nazar

Bulgaria / 11 verified reports in 2017
“In November, it became known that members of an organised crime group from Vratsa planned to murder Zov News website publisher Georgi Ezekiev. The increase of violent incidents and serious threats towards journalists in 2017 is alarming in Bulgaria, a country that already has the worst press freedom status in the European Union.” — Zoltan Sipos

Serbia / 11 verified reports in 2017
“Serbia’s free media had a dark year with many incidents, threats and violence coming towards them. In May, journalists were assaulted during clashes at the presidential inauguration. This is just one of many cases, but it clearly demonstrates just how critical the state of the media is because they happened during the presidential inauguration. The assaults were committed by supporters of the government with a lot of police around. The impunity these assaulters meet is worrying for the lack of condemnation by authorities and the message they clearly want to send to critical journalists.” — Mitra Nazar

Malta / 8 verified reports in 2017
“The most worrying incident regards the murder of anti-corruption, investigative journalist Daphne Caruana Galizia. While this murder gripped the attention of international media and European authorities including the European Commission and Parliament, it is still shocking for every journalist that in a democratic, EU country, journalists’ lives could be in danger because they are doing their job, exposing high-level corruption in political, business and criminal elites.” — Christina Vasilaki

Kosovo / 6 verified reports in 2017|
“Kosovo’s media have been shaken up by two attacks on Insajderi investigative journalists. Insajderi is home to the best investigative journalists in the country, covering corruption and crime topics that nobody else dares to touch. Journalist Parim Olluri was beaten up outside his home in Pristina on 16 August. He needed medical assistance in a hospital. Nobody has been held responsible for the attack. Two months later, his colleague Vehbi Kajtazi was hit on the head in a cafe in downtown Pristina on 13 October. One person was arrested on the spot. We are talking about two violent incidents to Insajderi journalists within a period of three months. This shows that Kosovo’s journalists continue to face violence, even in very public places like cafe’s and neighbourhoods they live. For this reason there are just a few brave journalists who dare to touch sensitive topics, which is a worrying sign for the future of journalism and truth finding in the youngest country in Europe.” — Mitra Nazar

Montenegro / 6 verified reports in 2017
“Attack on journalist’s property is one of most common ways of intimidation. This is not only case for Montenegro, but also for all other countries in the region. What is striking is that intentional setting on fire of journalist’s vehicles is one of most common ways of limitation of media freedom in Montenegro. In recent years there have been several burnt vehicle in this small EU candidate country.” — Ilcho Cvetanoski

Portugal / 5 verified reports in 2017
“Similarly to what’s happening in other countries, Portugal has seen a rise of questioning towards journalism, those who work in the media industry and their work. Besides motivating a new and stimulating debate between journalists and their readers/viewers/listeners, this has also opened the gates to instances of abuse, cyberbullying and slander. The most significant example of that is that of Público’s journalist Margarida Gomes, whose work ethic was put in question by Facebook groups and public officials, who both used false information regarding her personal life to denigrate her work.” — João de Almeida Dias

Latvia / 3 verified reports in 2017
“In Latvia it was a quiet year for press freedom. However, the sudden and swift dismissal of Sigita Roķe, the head of public service Latvian Radio for alleged economic irregularities was seen as a pretext for dismissing her for efforts to disengage the radio from sponsorship agreements with the city of Ventspils, whose politically influential mayor has is on trial for money laundering and corruption. The dismissal raised questions about the political neutrality of Latvia’s media watchdog, the National Electronic Mass Media Council.” — Juris Kaza

Ireland / 3 verified reports in 2017
“Compared to the long list of countries in Europe where it is getting progressively dangerous for reporters to do their work, the situation in Ireland is relatively benign. There are renewed concerns over source protection, and the strict libel regime. However, the most serious concern is regarding media ownership. Index on Censorship published a detailed report on this in August 2017. One significant media takeover – Independent News and Media buying up Celtic Media – fell through after the Government ordered a statutory investigation following objections.” — Flor Mac Carthy

Estonia / 3 verified reports in 2017
“In March, journalists for Estonia’s largest daily in circulation Postimees, sent a letter to the owners and managers to complain about interference with editorial freedom. This event is a disturbing example of the interference attempts from media owners and advertisement department that had grown to the level that journalists of a daily, that prides itself with a long history and high-quality content, had to resort to an unprecedented united protest letter to fight it. Interference in journalistic decision making and content from outside or inside sources is in general the worrisome threat.” — Helle Tiikmaa

Belgium / 2 verified reports in 2017
“In Belgium, a journalist who had published a story on surveillance in Bruxelles’ metro was interrogated on her sources by the police, in clear breach of the principle of sources confidentiality. The case also reminds us of the risk for journalists covering surveillance.” — Valeria Costa-Kostritsky

Denmark / 2 verified reports in 2017
“The killing of Kim Wall by the inventor and entrepreneur Peter Madsen was a headline news event around the world. Stabbed to death and dumped at sea whilst interviewing Madsen on board his home-built submarine, her body was recovered after an extensive marine search. Although not typical of any wider trend, her murder was so brutal it raised significant questions about the safety and ethics of female freelancers working alone without support or safeguards.” — Dominic Hinde

Finland / 2 verified reports in 2017
“In March the Finnish government introduced restrictive changes to the functioning of the public broadcasting company Yle, which entailed putting the state-owned company more firmly under politicians’ decision-making power. The proposal was driven by the True Finns, a nationalist party that have repeatedly complained about Yle’s liberal views and non-sceptical approach to ‘multicultural Finland’. In the official briefing, stated the following: “The proposal is to strengthen the role of the Administrative Council so that they can decide on Yle’s journalistic strategy and regulate the permanent expert consultation process”. The council referred is mainly composed of politicians. — Katariina Salomäki

Iceland / 1 verified report in 2017
“Iceland has been rocked by political scandals and collapsing governments twice in the space of a year. In October it came to light that the prime minister had used financial confidentiality legislation to stop the investigative newspaper Stundin from publishing details of his offshore financial dealings in the run-up to the 2008 financial crash. Iceand’s main newspaper Morgunbladid is controlled by another former Prime Minister, also a member of the powerful Icelandic independence party, and Stundin has consistently sought to expose the Icelandic financial and political elite where other titles have remained silent.” — Dominic Hinde[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Mapping Media Freedom” use_theme_fonts=”yes” link=”url:https%3A%2F%2Fmappingmediafreedom.org%2F%23%2F|||”][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” size=”xl” align=”right”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

Index on Censorship monitors press freedom in 42 European countries.

Since 24 May 2014, Mapping Media Freedom’s team of correspondents and partners have recorded and verified more than 3,700 violations against journalists and media outlets.

Index campaigns to protect journalists and media freedom. You can help us by submitting reports to Mapping Media Freedom.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Don’t lose your voice. Stay informed.” use_theme_fonts=”yes”][vc_separator color=”black”][vc_row_inner][vc_column_inner width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that campaigns for and defends free expression worldwide. We publish work by censored writers and artists, promote debate, and monitor threats to free speech. We believe that everyone should be free to express themselves without fear of harm or persecution – no matter what their views.

Join our mailing list (or follow us on Twitter or Facebook) and we’ll send you our weekly newsletter about our activities defending free speech. We won’t share your personal information with anyone outside Index.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column_inner][/vc_row_inner][vc_separator color=”black”][/vc_column][/vc_row]

Bahrain: Press freedom groups call for lifting of Al Wasat suspension

[vc_row][vc_column][vc_column_text]International press freedom organisations and local Bahraini groups are among fifteen campaigners who today raised alarm over the suspension of Bahrain‘s only independent newspaper, Al Wasat, which has been barred from publishing for four days now. The rights groups which today wrote letters addressed to ten countries including the UK, state Bahrain is “effectively silencing the media in Bahrain and violating the right to freedom of expression.”

The letters, signed by Index on Censorship, Reporters Without Borders, Committee to Protect Journalists, Article 19, Bahrain Institute for Rights and Democracy and ten others wrote to states urging them to “publicly call on the Government of Bahrain to allow Al Wasat to resume publication immediately.”

The letter is addressed to the United Kingdom, United States, Germany, Italy and France – who all have embassies in Bahrain – as well as Ireland, Norway, Denmark, Sweden, Finland and the European Union.

The Ministry of Information Affairs suspended Al Wasat, the only independent newspaper in Bahrain, on 4 June 2017, effectively silencing the media in Bahrain and violating the right to freedom of expression. Al Wasat’s suspension is the latest in a recent spate of reprisals against independent media and civil society actors, including journalists, writers, and human rights defenders.  The state-run Bahrain News Agency claims that the paper is “spreading what would stir divisions within the community and undermine the Kingdom of Bahrain’s relations with other countries.” Al Wasat was suspended due to the publication of an opinion article regarding widespread protests in Morocco, a source in the newspaper told BIRD.

Politics in the region has developed quickly since the suspension of the newspaper. On Monday, Bahrain, Saudi Arabia and the United Arab Emirates closed diplomatic relations with neighbour Qatar and barred all air, sea and land travel. Yesterday, two Bahrainis were sentenced to death, bring the total up to 15 on death row.

Prior to the suspension of Al Wasat, Bahrain was already counted among the 20 most restrictive countries for press globally, with Reporters Without Borders ranking Bahrain as 164 out of 180 countries in its World Press Freedom Index.

This is the latest in an escalated crackdown on independent civil society. On 23 May, Bahraini security forces raided the village of Duraz, killing five protesters and arrested 286. It is the deadliest incident since protests began in 2011. On 31 May, the last major opposition society, Wa’ad, was dissolved and their assets confiscated. Wa’ad is appealing the decision. The letter continues, “In this context, journalists in Bahrain have expressed to NGOs serious concerns that the newspaper will not be allowed to resume publication.”

Al Wasat, established 2002, is the only independent newspaper in Bahrain. Its editor Mansoor Al-Jamri is winner of the CPJ International Press Freedom Award in 2011 and winner of the Peace Through Media Award 2012. It has been suspended in previous years, in April 2011 and August 2015. In January 2017, the newspaper’s website and social media were suspended for two days. it In 2011, Abdulkarim Al-Fakhrawi, one of the paper’s founders, was tortured to death in police custody.

Comments
Melody Patry, Head of Advocacy, Index on Censorship: “The silencing of Al Wasat – the only independent voice in Bahrain’s media – underscores the dismal state of human rights in the country. The Bahraini government must allow free and unfettered access to information.”

Cat Lucas, Writers at Risk Programme Manager, English PEN: “By silencing the only independent newspaper in the country, the Bahraini authorities are sending a clear message that dissenting voices will not be tolerated. Our governments must send an equally clear message that the suspension of Al Wasat is unacceptable and that a plurality of voices in the media is an essential part of any democracy.”

“Bahrain is experiencing a severe crackdown on freedom of expression. Now is the time for the international community to speak up to defend fundamental human rights, in particular, the right to freedom of expression, which is crucial for promoting stable, pluralistic democratic societies,” said Saloua Ghazouni, Director of ARTICLE 19’s Middle East and North Africa regional office.[/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:1496907779680-4f997749-0326-5″ taxonomies=”716″][/vc_column][/vc_row]

Mapping Media Freedom: Five journalists detained in Belarus after covering protest against unemployment tax

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Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are recent reports that give us cause for concern.

Belarus: Five journalists detained after covering protest against tax on unemployed

Five journalists were detained in Orsha on 12 March after covering a protest against a new law that would tax unemployed people labeled as “parasites”, Radio Svaboda reported.

Radio Svaboda’s Halina Abakunchyk, photographer for BelaPAN Andrei Shaulyuha and blogger Anastasia Pilyuhina were detained after the rally along with demonstrators and taken to Orsha district police department.

Freelance journalists working for TV channel Belsat, Alyaksandr Barazenka and Katsyaryna Bahvalava, went to the police station to get a comment from a detained opposition activist, only to be detained as well. Pending trial they spent the night in jail.

Abakunchyk and Bakhvalava were ordered to pay fines. Abakunchyk was accused of participating in an unsanctioned mass event under Aryicle 23.34 of the Code of Administrative Offences and fined approximately €280. Bakhvalava was accused of illegal production and distribution of media products and disobeying the police under Article 22.9 and Article 23.4 of the Code of Administrative Offences and fined approximately €340.

Up to 18 journalists and bloggers were arrested while covering the protests, IFJ reported.

France: MP proposes law set to compromise anonymity of journalistic sources

Conservative MP Jean-François Mancel filed a proposed law to the National Assembly on 10 March which intends “to remove protection of the confidentiality of journalistic sources if protection of the public interest justifies it“.

The proposed law reads: “Contrary to what is generally said by journalists and their representatives, the systematic protection of sources’ confidentiality and the will to further reinforce it seriously compromises the respect of individual freedoms and the protection of civilians against acts of aggression from the media.”

Mancel accused journalists who have covered allegations of fraud involving conservative candidate François Fillon of going after the candidate unfairly, for instance on his Twitter account.

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Protect media freedom

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Netherlands: Journalist receives death threats after Turkish-Dutch diplomatic row

Hakan Büyük, a Turkish-Dutch journalist for the newspaper Zaman Vandaag has been receiving death threats on Twitter, news portal Villamedia reported on 13 March.

The threats began after a diplomatic row between Turkey and The Netherlands led to violent pro-Erdogan protests in the streets of Rotterdam. Earlier, Dutch authorities banned a Turkish minister from campaigning for an upcoming Turkish referendum.

Büyük received at least ten threats in Turkish, one of which read: “We will not arrest you, you will be killed.” He has filed charges with the police.

Zaman Vandaag was founded by Gulen sympathisers, who are being blamed for the failed coup in Turkey in the summer of 2016.

Macedonia: TV crews menaced during protests in Skopje

Unidentified protesters assaulted and verbally harassed two different TV crews during a pro-opposition protest on 10 March in Skopje, news agency META reported.

Hristijan Banevski, a reporter for private broadcaster TV 24, was “firstly verbally attacked and then hit in the head with a stick holding a flag during the protest in Skopje”.

That same night, a TV Telma crew was verbally harassed while interviewing protesters. Without giving much detail, the channel reported that their journalists were cursed at.

Local journalists’ associations have called upon the Macedonian institutions to take appropriate measures and to come out in defence of the journalists, news agency META reported.

President of the Association of Journalists of Macedonia (ZNM), Naser Selmani, underlined that what is worrying is that public officials, including representatives of state institutions, participated in these coordinated attacks.

In the last four years, according to ZNM’s data, 44 attacks against journalists were reported in Macedonia. Out of these, 19 occurred in 2016.

Russia: FSB detains journalists refuting mayor’s claim on gay population in Svetogorsk

Officers from the Russian Security Service (FSB) detained reporter Igor Zalyubovin and photographer Vladimir Yarotsky for the Moscow-based independent news magazine Snob on 7 March, the publication said in a statement. The journalists were in the apartment they rented to report on daily life in the city of Svetogorsk.

An article was planned as a response to Svetogorsk Mayor Sergey Davydov’s 1 March claim that there were no homosexuals in the city, and that it was a “city without sin,” according to press reports.

On 7 March, the Committee to Protect Journalists issued a statement saying Russian security services should stop harassing and obstructing journalists and should allow them to work unimpeded.

To visit Svetogorsk requires either a Schengen visa to enter via Finland, an invitation from a local resident, or a special permit from the FSB, according to 2014 legislation. Snob’s editor-in-chief, Yegor Mostovshikov, told the news website Meduza today that his outlet did not apply for a permit from the FSB “because it takes up to 30 days to get it.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]


Mapping Media Freedom


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


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What is Section 40 of the Crime and Courts Act 2013?

[vc_row][vc_column][vc_column_text]Section 40 is part of the Crime and Courts Act 2013, which deals with a whole range of issues but also implemented some of the recommendations contained in the Leveson Report into phone hacking by newspapers. Index on Censorship strongly opposes the introduction of section 40.

Section 40 addresses the awarding of costs in a case where someone makes a legal claim against a publisher of “news-related material”. The provision means that any publisher who is not a member of an approved regulator at the time of the claim can be forced to pay both sides’ cost in a court case — even if they win.

What is wrong with Section 40?

Section 40 does not protect “ordinary” individuals as its advocates claim. It protects the rich and powerful and is a gift to the corrupt and conniving to silence investigative journalists – particularly media outfits that don’t have very deep pockets. Special interest investigative news outlets could shy away from exposing government officials engaged in bribery, for example, because – even if the publication is right – they could end up paying both sides’ legal costs if the story is challenged by a claimant. This could bankrupt a small organisation and would make many investigative journalists think twice about publishing a story for fear of being hit with crippling costs from any claim. The role of the press is to hold the powerful to account and they need to be able to do this without the fear of being punished for doing so.

But there is a recognised regulator — Impress — why not join that?

Index — which is itself a small publisher as well as a freedom of expression campaign group – will not join any regulator that has to have the approval of a state body. The Press Recognition Panel – set up by an arcane political mechanism called a Royal Charter – is the body that approves any press regulator and we do not believe it is sufficiently separate from politicians and political interests. Keeping Section 40 on statute effectively forces publishers to join an approved regulator even if they do not believe it represents their best interests or those of the public.

The Royal Charter isn’t really state involvement, is it?

Yes it is. Its supporters claim that the Press Recognition Panel, established by something called a Royal Charter, is at arm’s length from the government. It’s true that changes to the Royal Charter require a two thirds majority from both houses but after the recent manoeuvring we have seen from the House of Lords to introduce a version of Section 40 by the back door, and given all the unprecedented political upheavals worldwide over the past year, it’s not at all beyond the bounds of possibility that it could happen. Index on Censorship has always opposed the Royal Charter and we will continue to do so. We also campaign against government control of the media across the world as a principle.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-times-circle” color=”black” background_style=”rounded” align=”right”][/vc_column][vc_column width=”3/4″][vc_column_text]

Section 40 of the Crime and Courts Act is a direct threat to press freedom in the UK and must be scrapped.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]What’s wrong with state involvement?

It’s a fundamental principle of a free press – and a free society – that if journalists or anyone else wants to ensure politicians are held to account then they must be entirely free from political control.

But some of your patrons are supporters of Hacked Off, which supports section 40.

Yes. And on this point we disagree with them. This includes people like the highly respected journalist Harold Evans. But many people also agree with our position, including human rights expert Lord Lester who has called the Royal Charter a “steamroller to crack a nut”.

But didn’t we need new laws?

No. The elements that the Leveson Inquiry was set up to investigate — contempt of court, phone tapping, bribing the police — were already all illegal. We had all those laws.

Would you join IPSO, the regulator to which the majority of the press belong and which is not approved?

No. We think that as a free expression organisation, albeit with a publishing arm, it is important that we stand outside the various vested interests of different parts of the media.

Isn’t this all just about protecting the big commercial interests of the press and allowing big newspapers to print lies?

No. The publications most likely to be affected by Section 40 are small publications like Index on Censorship or local newspapers, like the Maidenhead Advertiser, that refuse to join a government-recognised regulator. Many local newspaper editors are very worried about the impact of this. Section 40 does not protect individuals from an unchecked, irresponsible press. That is achieved by making redress cheaper and faster by mechanisms such as early arbitration and mediation that avoid courts altogether, and by making sure any self-regulator applies a clear and robust code of conduct that holds papers clearly to account for any mistakes.

But broadcasters are regulated, why not the press?

Broadcast regulation seems largely a relic of a bygone era when viewers had a choice between one or two providers and therefore the risk of skewed information loomed large. Government regulation of any media which has the power to stop stories being broadcast or otherwise published is a principle that Index opposes.

Should there be Leveson 2 to investigate the relationships between press and police?

We see absolutely no need for Leveson 2 – Leveson 1 already exceeded quite considerably its remit and investigating the relationship between the police and press seems no longer the most important concern when considering the print media. Leveson was already outmoded when it began and the inquiry’s recommendations fail to address the largely unregulated realm of online news.

Who is doing press regulation right?

Sadly there aren’t any models that work perfectly. Finland has an excellent model of self-regulation and is ranked at the top of the world’s press freedom indices but even there this is backed by statute, which has the taint of political involvement that Index on Censorship would be wary of. We monitor threats to press freedom in detail in Europe and neighbouring countries and the picture is deteriorating rapidly. Countries such as Poland and Hungary are introducing more stringent controls on the press that threaten the media’s independence. You only have to look to what’s happening to journalists in Turkey to see how easily democracies can extinguish press freedom by arguing it’s in the interests of national security.[/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:1488189869194-a6a69648-dcf8-0″ taxonomies=”8993″][/vc_column][/vc_row]

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