Andrey Kurkov is a writer, journalist, and the current president of PEN Ukraine. Born in St Petersburg in 1961, he graduated from the Kiev Foreign Languages Institute, worked as a journalist and did military service as a prison warder in Odessa. He became a writer, producing screenplays and authoring critically acclaimed and popular novels, including Death and the Penguin. Kurkov is a hugely respected commentator on Ukraine, and his most recently translated novel, Grey Bees, explores the current conflict through adventures of a beekeeper.
OVD-Info is an independent human rights media project documenting political persecution in Russia. With the help of a hotline, they collect information about detentions at public rallies and other cases of political pressure, publish news and coordinate legal assistance to detainees.
The organisation was set up in 2011 to document arrests during the widespread anti-fraud protests. Initially, groups of journalists and specialists collected and published information about the arrests on social media. As the organisation grew and became more structured they eventually set up a website. The organisation has now evolved to offer legal guidance and support to people arrested at peaceful protests in Russia.
Over the last year, censorship has increased in Russia with many media sites blocked. In September 2021, OVD-Info was labelled as a ‘foreign agent’ by Russian authorities. This means that the organisation must add a disclaimer to any work they publish: “THIS NEWS MEDIA/MATERIAL WAS CREATED AND/OR DISSEMINATED BY A FOREIGN MASS MEDIA PERFORMING THE FUNCTIONS OF A FOREIGN AGENT AND/OR A RUSSIAN LEGAL ENTITY PERFORMING THE FUNCTIONS OF A FOREIGN AGENT.” Their website was later blocked by Russian authorities because they claimed that news about detained people glorified terrorism and extremism.
During the ongoing war in Ukraine and associated anti-war protests in Russia, OVD-Info’s work is more important than ever. Within the first 10 days of the war, OVD-Info registered more than 13,000 arrests at anti-war protests in Russia. In March 2022, Marina Ovsyannikova interrupted the Russian state Channel One while holding a sign saying “Stop the war. No to war.” Following her on-screen protest, OVD-Info released a pre-recorded video by Ovsyannikova where she explained her motivations.
Despite a highly unpredictable situation and persistent censorship, OVD-Info continue to support detained and persecuted protesters in Russia.
Five years ago today, investigative reporter Daphne Caruana Galizia was brutally assassinated in a car bomb attack in Malta. Our thoughts are with her family, friends and colleagues. Together with them, we continue to fight for justice.
It is deeply saddening that we have issued a similar statement every year since Caruana Galizia’s murder. Today should be a day to remember and celebrate her fearless journalism, the far-reaching impact of her incisive writing on financial crime, abuses of power and deep-seated corruption, and her unwavering commitment to uncovering the truth and serving the public’s right to information.
Instead, we must yet again note that progress in criminal investigations and prosecutions has been minimal and intolerably slow. Impunity serves to embolden those who use violence to silence critical journalism and it ends only when all those responsible for the heinous murder have been prosecuted to the full extent of the law: the assassins, intermediaries and the mastermind must be brought to justice without further delay.
Similarly, we must point out the unacceptable lack of implementation of the recommendations made by the landmark Public Inquiry into Caruana Galizia’s assassination and the exclusion of structured public consultation, including with our organisations, on proposed legal amendments relating to the safety of journalists and SLAPPs, which in the latter case fail to meet international standards. The process provides a historic opportunity for the Government of Malta to implement its obligations under international and European legal and policy frameworks to create an enabling environment for journalism and to protect journalists.
The lack of political will to initiate the effective and systemic reform that is needed casts doubt on whether Malta’s political class has drawn any lessons from Caruana Galizia’s assassination. Where is the sense of urgency to fix the rotten power structures and dangerous conditions for journalists who report on them, violently exposed by the blast five years ago?
Signed by:
Access Info Europe
Access to Information Programme (AIP)
ARTICLE 19 Europe
Association of European Journalists-Belgium
Civic Alliance (CA) Montenegro
Civil Liberties Union for Europe (Liberties)
Committee to Protect Journalists (CPJ)
Corporate Europe Observatory
English PEN
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
European Integrity Academy – AntiCorruption Youth Greece
Free Press Unlimited (FPU)
Global Forum for Media Development (GFMD)
IFEX
Index on Censorship
International Federation of Journalists (IFJ)
International Institute for Regional Media and Information (IRMI) Ukraine
It shouldn’t have taken a murder. Surely it didn’t need a car bomb in a quiet Maltese town. Daphne Caruana Galizia did not need to die for Europe and the rest of the world to take notice of media freedom’s precarious foundations. But to our shame, it did.
Five years ago today, Daphne was murdered by a car bomb that exploded when she was moments from her front door. But the car bomb was only the mechanism by which she was silenced. Daphne was murdered by the opaque but powerful forces that first encourage, before demanding and eventually forcing silence. But she was never rendered mute, even now.
In the years that have followed, Europe has wrestled both with her legacy – what her investigations revealed – as well as the legacy of her killing – what her murder revealed. In the aftermath of similar killings in Northern Ireland (Lyra McKee), Slovakia (JánKuciak and Martina Kušnírová), Greece (Giorgos Karaivaz) and the Netherlands (Peter R. de Vries), as well as increased attention on the use of strategic lawsuits against public participation (SLAPPs), Europe has been forced to address an uncomfortable reality: journalists are at risk all across the continent. And so, by extension, is European democracy.
This is the dark light that bathes Europe, a light emanating from the brutal collapse of the rule of law but also a light that can illuminate what is broken. In the five years that have passed since her death, Daphne’s family have had to fight for every inch to demand both justice for Daphne and accountability for Malta. Whether this was to demand a public inquiry, pressing for progress in the criminal investigation, and putting SLAPPs on the European agenda, the rage, sadness and fury has fuelled a reckoning that has helped bring forward a proposed European Commission directive on SLAPPs, a Europe-wide coalition of organisations fighting to upend this form of lawfare, as well as similar movements at a national level.
In the UK, spurred on by Russia’s unlawful invasion of Ukraine, the UK Government announced in July 2022 an anti-SLAPP mechanism that could limit how UK courts are abused to silence critical speech. As we wait to see what happens – especially after the change in Prime Minister and her cabinet – we hope we are at the threshold of something significant. It is important to remember that a number of the libel threats against Daphne were deployed with the aid of London-based legal expertise – SLAPPs cannot be confined within national borders.
But we must return to Malta to remind ourselves of the pitfalls. Recently announced reforms aimed at protecting journalism, including much-vaunted anti-SLAPP protections, have had to be hurriedly frozen by the Prime Minister after being widely derided as inadequate, both in terms of content, falling far short of the proposed EC Directive, and process. The Institute of Maltese Journalists (IGM) had threatened to step away from the Committee of Experts unless “meaningful” consultation takes place. This was echoed by both the International and European Federations of Journalists (IFJ and EFJ) who have joined the call for the legislation to be withdrawn, as reported in Maltese outlet, NewsBook: “no proposal on media legislative reform should be submitted to the parliament without a transparent public consultation. This is all the more crucial in a country where a state holds some form of responsibility for the killing of a journalist.” While appearing to be fuelled by a desire to be the first EU nation to bring forward national legislation responding to SLAPPs, a grimy sense of competitive haste has seemingly triumphed over a commitment to genuine and meaningful protections.
Today, vigils remembering Daphne’s legacy – her life, her writing, and her commitment to the public’s right to know – are taking place across Europe, in London, Valletta, Brussels and Edinburgh to name a few. But wherever we are, we must ensure that by remembering Daphne’s life, we are reminded of our commitment to protect journalists against vexatious legal threats, physical attacks and every act that isolates, demonises or targets them.
Progress is slow and halting and will not proceed from one point to the next without obstruction – Malta’s current reform process is testament to that – however, the greatest way we can honour Daphne is by moving with purpose to ensure what happened to her cannot happen to another journalist. The dark light has illuminated what needs to change and the urgency with which it must change. It should not have taken the murder of a journalist for this to happen and we must not forget the darkness that sparked this push for greater protections, a darkness that robbed a family of the private space in which to mourn, but we must follow where the light leads. For in Daphne’s words, “There are crooks everywhere you look. The situation is desperate.
