Index on Censorship and Reporters Without Borders welcome High Court’s decision in Realtid case

Reporters without Borders and Index on Censorship welcome the High Court’s decision to throw out large parts of the libel case against the Swedish business and finance publication Realtid, its editor-in-chief, and two of its investigative journalists. 

The High Court’s decision comes fifteen months after a jurisdiction hearing aimed at deciding whether England and Wales is the appropriate jurisdiction for the defamation case to be heard. On 11 May 2022, the judge ruled that the courts of England and Wales do not have jurisdiction over ten of the thirteen defamation claims. One of the claimants, Eco Energy World (EEW) has been precluded from bringing its claim over five different articles on the basis that it has not shown it suffered serious financial loss stemming from Realtid’s publications. The second claimant, EEW’s founder Svante Kumlin, may proceed with the case as an individual on only three of the eight articles he sued over, but these actions have been restricted to claiming for any harm he suffered in England and Wales.

Jessica Ní Mhainín, policy and campaigns manager for Index on Censorship, said: “While we welcome the High Court’s decision, we remain concerned that Realtid may nonetheless have to continue defending themselves in London’s courts. This case one again underlines the urgent need for the UK to adopt anti-SLAPP legislation, particularly a filter mechanism capable of rooting out SLAPPs at the earliest possible stage of proceedings”. 

Erik Halkjaer, president of Reporters Without Borders Sweden said: “The fact that Swedish reporters in Sweden, which currently ranks third out of 180 countries on the RSF World Press Freedom Index, with its own set of solid media laws and regulations concerning publications, needs to take into account that they can be sued in another countries courts is a threat not only against the journalists, but the Swedish media laws. The Swedish government should find ways of blocking these kinds of SLAPP cases against Swedish journalists”.

Realtid’s editor-in-chief Camilla Jonsson said: We are glad that the court listened to our arguments about the company’s claims being unfounded and therefore not suited for a trial in London. We also note that five of the eight articles in the case have been ruled as not being libelous even before we have filed our full defence on this. However we feel it is problematic that a Swedish magazine and Swedish journalists still might have to continue defending ourselves in a British court. But we are confident that our reporting will prove to be factually substantiated and in the public interest which in the end will lead to a successful outcome of the case”.

For press inquiries contact: 

Erik Halkjaer, [email protected]

Jessica Ní Mhainín, [email protected] 

In trying to protect us online, legislators risk silencing us

I regularly start my weekly blog with the exclamation “there is just too much news!” Too much horror and heartbreak and this week the assertion is all too true.

Russia has invaded a sovereign country and daily we are seeing evidence of war crimes on the continent of Europe; China is arresting yet more democracy activists on the flimsiest of excuses; there have been bombings targeting schools in Afghanistan; a neo-fascist is, yet again, in the final run-off in the French Presidential elections; there are riots in Sweden against the far-right with dozens hurt; people are starving in Shanghai under Covid-19 restrictions; there is active conflict again in Jerusalem, with over 150 Palestinians hurt in clashes after a series of terror attacks targeting Israelis in recent weeks; another video of a black man being fatally shot by the police has emerged in the US – Patrick Lyoya was killed, while being held on the ground, defenceless, on 14 April and riots have followed in Michigan.

Our team at Index is working on every one of these news stories. We work with people on the ground, and we commission dissidents and writers, in country, to give us a first-hand account. In the twenty-first century we can speak to people in every corner of the globe, as events are happening, because of the internet and the social media platforms which afford us all a level of protection because of end-to-end encryption. We work with people on the ground who would be arrested, tortured, or even killed because they want to share their experiences with the world. They want the world to know what is happening to them and to their communities. They are on the frontline in the perpetual fight for our democratic right to freedom of expression. They are vulnerable because of who they are and what they want to share with us, whether that’s their writings, their opinions or their art.

They are brave and inspirational and determined to stand up for what is right. For as long as they want to tell their stories there is a moral onus for us to listen to them.

Which brings me to the current proposals to regulate our online lives currently being progressed in the European Union and in the United Kingdom. In Europe, today (Friday) the final negotiations on the substance of the Digital Services Act are underway and, in the UK, the Online Safety Bill began its parliamentary journey on Tuesday.  Index is working actively with partners to try and mitigate the worst aspects of both pieces of legislation and we were in Brussels this week to make the case for additional protections for freedom of speech. Our overriding goal is to make sure that our access to those brave dissidents is protected and that our rights to discuss the detail of these horrors are protected. To make sure that while legislators are trying to ‘protect’ us online they don’t end up inadvertently silencing us.

Index advocates for free expression within the protections afforded to us by the European Convention on Human Rights. There is no right not be offended. There is no right not to see things online, or in real life, that will upset you. Of course, we all want to protect each other from seeing the worst aspects of human life – that’s an admirable aspiration but it isn’t the grounds for making new law. In fact, it’s the exact opposite – legally we have protected freedom of expression, it’s a fundamental right. I have written before about our concerns regarding online regulation and in the coming months I’ll be writing extensively on it – but we start with the basic principle – what is legal to say should be legal to type. And that should be the case whatever any new legislation seeks to amend.

Statement of support for Ukraine

We, the undersigned organisations, stand in solidarity with the people of Ukraine, but particularly Ukrainian journalists who now find themselves at the frontlines of a large-scale European war.

We unequivocally condemn the violence and aggression that puts thousands of our colleagues all over Ukraine in grave danger.

We call on the international community to provide any possible assistance to those who are taking on the brave role of reporting from the war zone that is now Ukraine. 

We condemn the physical violence, the cyberattacks, disinformation and all other weapons employed by the aggressor against the free and democratic Ukrainian press. 

We also stand in solidarity with independent Russian media who continue to report the truth in unprecedented conditions.

Join the statement of support for Ukraine by signing it here

#Журналісти_Важливі

Signed: 

  1. Justice for Journalists Foundation 
  2. Index on Censorship
  3. International Foundation for Protection of Freedom of Speech “Adil Soz” 
  4. International Media Support (IMS)
  5. Yerevan Press Club 
  6. Turkmen.news 
  7. Free Press Unlimited
  8. Human Rights Center “Viasna”
  9. Albanian Helsinki Committee
  10. Media Rights Group, Azerbaijan 
  11. European Centre for Press and Media Freedom
  12. Association of European Journalists
  13. School of Peacemaking and Media Technology in Central Asia 
  14. Human Rights Center of Azerbaijan
  15. Reporters Without Borders, RSF
  16. Association of Independent Press of Moldova, API 
  17. Public Association “Dignity”, Kazakhstan
  18. PEN International 
  19. Human Rights House Foundation, Norway
  20. IFEX
  21. UNITED for Intercultural Action
  22. Human Rights House Yerevan
  23. Helsinki Citizens’ Assembly – Vanadzor, Armenia
  24. Rafto Foundation for Human Rights, Norway
  25. Society of Journalists, Warsaw
  26. The Swedish OSCE-network
  27. Hungarian Helsinki Committee 
  28. Legal policy research centre, Kazakhstan
  29. Public Foundation Notabene – Tajikistan 
  30. HR NGO “Citizens’ Watch – St. Petersburg, Russia
  31. English PEN
  32. Public organization “Dawn” – Tajikistan
  33. International Press Institute (IPI)
  34. The Union of Journalists of Kazakhstan 
  35. ARTICLE 19
  36. Human Rights House Tbilisi
  37. Rights Georgia
  38. Election Monitoring and Democracy Studies Center, Azerbaijan
  39. International Service for Human Rights (ISHR)
  40. Bulgarian Helsinki Committee
  41. Global Forum for Media Development (GFMD)
  42. European Federation of Journalists
  43. Social Media Development Center, Georgia
  44. Independent Journalists’ Association of Serbia
  45. OBC Transeuropa
  46. The Bureau of Investigative Journalism
  47. Journalists Union YENI NESIL, Azerbaijan
  48. Media and Law Studies Association (MLSA) , Istanbul
  49. Baku Press Club 
  50. Centre for Journalism Innovation and Development
  51. Union Sapari
  52. The Coalition For Women In Journalism (CFWIJ)
  53. Committee to Protect Freedom of Expression, Armenia 
  54. FEDERATIA SINDICATELOR DIN SOCIETATEA ROMANA DE RADIODIFUZIUNE, Bucharest, ROMANIA 
  55. CD FILMS (FRANCE)
  56. CFDT-Journalistes
  57. Belarusian Association of Journalists 
  58. SafeJournalists network
  59. Association of Journalists of Kosovo
  60. Association of Journalists of Macedonia
  61. BH Journalists Association
  62. Croatian Journalists’ Association
  63. Independent Journalists Association of Serbia
  64. Trade Union of Media of Montenegro
  65. Analytical Center for Central Asia (ACCA)
  66. Trade Union of Croatian Journalists 
  67. European Press Prize
  68. Ethical Journalism Network
  69. European Journalism Centre 
  70. Slovene Association of Journalists
  71. Investigative Studios
  72. PEN Belarus
  73. Public Media Alliance (PMA)
  74. Estonian Association of Journalists
  75. Federación de Sindicatos de Periodistas (FeSP) (Spain)
  76. DJV, German Journalist Federation  
  77. Free Russia Foundation   
  78. Association for Human Rights in Central Asia – AHRCA 
  79. “Human Rights Consulting Group” Public Foundation, Kazakhstan
  80. Committee to Protect Journalists
  81. Ski Club of International Journalists (SCIJ)
  82. Women In Journalism Institute, Canada – associate of CFWIJ
  83. Romanian Trade Union of Journalists MediaSind
  84. Romanian Federation Culture and Mass-Media FAIR, MediaSind
  85. New Generation of Human Rights Defenders Coalition, Kazakhstan
  86. Coalition for the Security and Protection of Human Rights Defenders, Activists, Kazakhstan
  87. Legal policy Research Centre, Kazakhstan 
  88. Eurasian Digital Foundation, Kazakhstan
  89. Legal Analysis and Research Public Union, Azerbaijan
  90. German Journalists Union
  91. Digital Rights Expert Group, Kazakhstan
  92. Bella Fox, LRT/Bellarus Media, Lithuania
  93. Syndicat national des journalistes CGT (SNJ-CGT), France
  94. Karin Wenk, Editor in Chief Menschen Machen Medien
  95. Press Emblem Campaign 
  96. Federacion de Servicios, Consumo y Movilidad (FeSMC) – UGT (Spain)   
  97. Sindicato dos Jornalistas, Portugal
  98. International media project Август2020/August2020 (august2020.info), Belarus
  99. Independent Association of Georgian Journalists (journalist.ge)
  100. Independent Trade Union of Journalists and Media Workers, Macedonia
  101. Adam Hug, Director, Foreign Policy Centre
  102. Zlatko Herljević, Croatian journalist, lecturer of journalism at University VERN, Zagreb, Croatia
  103. Independent Journalists’ and Media Workers’ Union (JMWU), Russia
  104. The Daphne Caruana Galizia Foundation
  105. Hungarian Press Union (HPU), Hungary
  106. Lithuanian Journalists Union
  107. National Union of Journalists UK & Ireland 
  108. Federazione Nazionale Stampa Italiana (Italy)
  109. Dutch Association of Journalists (NVJ) 
  110. Uzbek Forum for Human Rights
  111. Association of Journalists, Turkey
  112. Slovak Syndicate of Journalist, Slovakia
  113. GAMAG Europe (European Chapter of the Global Alliance for Media and Gender)
  114. Slovenian Union of Journalists (SNS)
  115. Federación de Asociaciones de Periodistas de España (FAPE)
  116. Syndicate of Journalists of Czech Republic
  117. 360 Degrees, Media outlet, North Macedonia
  118. Frontline, Skopje, North Macedonia
  119. Community Media Solutions (UK)
  120. The Norwegian Union of Journalists, Norway
  121. Rentgen Media (Kyrgyz Republic)
  122. Union of Journalists in Finland (UJF)
  123. Syndicat National des Journalistes (SNJ), France
  124. The Swedish Union of Journalists, Sweden
  125. Asociación Nacional de Informadores de la Salud. ANIS. España
  126. Association Générale des Journalistes professionnels de Belgique (AGJPB/AVBB)
  127. Macedonian Institute for Media (MIM), North Macedonia  
  128. Lithuanian Journalism Centre, Lithuania
  129. Club Internacional de Prensa (CIP), España
  130. Periodical and Electronic Press Union
  131. Fojo Media Institute, Sweden
  132. Mediacentar Sarajevo 
  133. Media Diversity Institute
  134. Impressum – les journalistes suisses
  135. Agrupación de Periodistas FSC-CCOO
  136. South East European Network for Profession­alization of Media (SEENPM)
  137. TGS, Turkey
  138. Investigative Journalism Center, Croatia
  139. Verband Albanischer Berufsjournalisten der Diaspora, Schweiz
  140. IlijašNet
  141. Journalists Union of Macedonia and Thrace (Greece)
  142. The Union of Journalists of Armenia (UJA) 
  143. Associació de Periodistes Europeus de Catalunya (APEC)
  144. International Association of Public Media Researchers (IAPMR)
  145. FREELENS e.V. – German Association of Photojournalists & Photographers
  146. LawTransform (CMI-UiB Centre on Law & Social Transformation, Bergen, Norway)
  147. Bangladesh NGOs Network for Radio & Communication
  148. Platform for Independent Journalism (P24), Turkey
  149. Novi Sad School of Journalism (Serbia) 
  150. Col·legi de Periodistes de Catalunya (Catalunya)

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...
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