08 Sep 20 | News and features, Statements
[vc_row][vc_column][vc_column_text]Index on Censorship has filed an alert to the Council of Europe about a defamation action that is being taken against the Dublin Inquirer, its co-founder Sam Tranum and reporter Laoise Neylon. The Council of Europe has formally notified Ireland of the legal action.
The alert is the first media freedom alert on Ireland since the Council of Europe’s alert platform was launched in 2015. The platform catalogues threats to media freedom in the Council of Europe’s 47 member states.
On the back of the alert, Index on Censorship and seven other media freedom organisations have also written to justice minister, Helen McEntee, and foreign affairs minister, Simon Coveney, to express their concerns over the lawsuit.
“We believe that this legal action is a Strategic Lawsuit against Public Participation (Slapp), intended to intimidate and silence an independent media outlet that is reporting in the public interest,” they wrote.
“The aim of a Slapp is not to succeed in court, but to drain their targets of money, time, and energy in an effort to discourage them from reporting further on a particular person or issue,” the letter explains.
The organisations urge the government to pursue reform of Irish defamation law and to support the creation of anti-Slapps legislation at EU level. “We call on you to get behind such measures in order to bring about concrete protections – including an anti-Slapps directive – for freedom of expression, access to information, and ultimately our democracies.”
Click here to read our report on the rise of Slapps.
Read below the letter to McEntee and Coveney in full:
8 September 2020
Dear Minister Helen McEntee TD, Minister for Justice
Dear Minister Simon Coveney TD, Minister for Foreign Affairs and Trade
Cc: Permanent Representation of Ireland to the EU
Index on Censorship, alongside the undersigned press freedom organisations, are writing to raise our concern about legal action that is being taken against the independent news outlet, the Dublin Inquirer, its co-founder Sam Tranum, and its reporter Laoise Neylon.
As outlined in the media freedom alert that was issued by the Council of Europe today, the Dublin Inquirer is facing a defamation lawsuit for an article it published on its website on 26 August, which reported on an eviction that had taken place in Glasnevin the previous week. Tranum, Neylon, and the Dublin Inquirer, were served with summons on 31 August.
We believe that this legal action is a Strategic Lawsuit against Public Participation (SLAPP), intended to intimidate and silence an independent media outlet that is reporting in the public interest. The aim of a SLAPP is not to succeed in court, but to drain their targets of money, time, and energy in an effort to discourage them from reporting further on a particular person or issue.
The SLAPP that the Dublin Inquirer is facing is just one example of a phenomenon that has become widespread in Europe in recent years: at the time of her death in 2017, Maltese journalist Daphne Caruana Galizia had 47 vexatious lawsuits filed against her. This year, the Council of Europe Platform for the Protection of Journalism and Safety of Journalists has recorded SLAPPs in Belgium, Malta, France, Bulgaria, Poland, and Romania – and we have reason to believe that these are just the tip of the iceberg.
The lengthy process and extremely high costs associated with defending a defamation case means that Ireland’s draconian defamation laws are an ideal tool with which to threaten and intimidate. Because of the arduousness of exhausting domestic measures, the European Court of Human Rights provides little practical protection to Irish journalists and media outlets. This means that small media outlets, like the Dublin Inquirer, could face closure when targeted with such legal threats and actions.
We therefore urge you, not only to pursue the long overdue reform of Irish defamation law, but to support the creation of robust anti-SLAPPs legislation at EU level. The European Commission has committed to considering suitable anti-SLAPP measures as part of its upcoming European Democracy Action Plan. We call on you to get behind such measures in order to bring about concrete protections – including an anti-SLAPPs directive – for freedom of expression, access to information, and ultimately our democracies.
Thank you in advance for your consideration of our concerns. We look forward to your response and would be glad to schedule a meeting to discuss in more detail.
Kind regards,
Index on Censorship
European Centre for Press and Media Freedom (ECPMF)
The Daphne Caruana Galizia Foundation
Irish Council for Civil Liberties (ICCL)
Free Press Unlimited (FPU)
Article 19
Reporters Without Borders (RSF)
Committee to Protect Journalists (CPJ)[/vc_column_text][/vc_column][/vc_row]
18 Sep 19 | Campaigns -- Featured, Media Freedom, Statements
[vc_row][vc_column][vc_column_text]To: Marija Pejčinović Burić
Secretary-General
Council of Europe
Dear Secretary-General,
On behalf of the undersigned organisations, we warmly congratulate you on your appointment as the new Secretary-General of the Council of Europe. We are motivated by our experience and understanding of the worsening of the environment for journalists and free expression across Europe to ask you to make sure that your commitment to democracy, the rule of law and human rights will be reflected in enhanced efforts for the effective protection of freedom of expression, press freedom and the safety of journalists, backed up by robust measures and strong and consistent statements and actions by yourself as Secretary-General.
Media freedom and media pluralism must be given a clear and consistent priority across the Council of Europe area, as they enable the public to make informed choices about their government and society, and are thus prerequisites for the full enjoyment of all other rights.
Renewed and determined efforts to achieve Member States’ compliance with the Council of Europe’s conventions, recommendations and other texts, as well as the case-law of the European Court of Human Rights (ECtHR) are vital in these times of rising threats against journalists and press freedom throughout Europe. The environment for media freedom has worsened significantly, as was documented in the Annual Report published by the partner organisations of the Council of Europe Platform for the Protection of Journalism and Safety of Journalists. We see extremely worrying developments in Azerbaijan, Poland, Hungary, Italy, Turkey, Russia and elsewhere.
Regarding the Platform for the Protection of Journalism and Safety of Journalists, we urge you to provide all necessary means and support available to ensure that Member States respond concretely to alerts, intensify the dialogue and follow-up moves to provide redress, and to do everything possible to gain the active cooperation of those Member States which have failed to reply to alerts that highlight shortcomings or abuses on the part of state authorities. We ask you to establish a monthly exchange at the level of the Committee of Ministers to allow for a meaningful discussion on the progress of Member States in dealing with the alerts and persistent and serious threats to media freedom and the safety of journalists and other media actors.
In view of the well-documented increase in attacks on the media and backsliding in some states’ fulfilment of their commitments, we request you to prioritise actions and policies to implement Recommendation CM/Rec(2016)4 of the Committee of Ministers on the protection of journalism and safety of journalists and other media actors – including specific measures to comply with Council of Europe standards on Protection; Prevention of attacks; and Prosecution of crimes against journalists.
We hope that the concerns and recommendations outlined in the Platform partners’ latest report will be given priority by the Secretariat under your leadership, and through the projects and activities foreseen in the bi-annual Council of Europe programme and budget. To address these concerns, we request you to make available the resources and support needed to give it greater visibility, recognition and impact – both internally and externally to the Council of Europe.
We are convinced that strong and concerted political action from Member States and the Council of Europe is now essential. We request your energetic support against the ongoing impunity for attacks including murders of journalists within Europe, and against widespread attempts to adopt severely restrictive legislation on media regulation, defamation, anti-terrorism that are increasingly used to criminalise journalists.
Anti-media rhetoric is creating a toxic atmosphere for journalists amongst the general public and must be countered. The spread of online disinformation intensifies this effect. We welcome the recent PACE resolution on the rule of law in Malta, which points to the urgent need for effective actions against the politicisation of state institutions, media capture by political forces, and a climate of impunity related to attacks against members of the media.
We call on you to provide your full political support, and necessary resources, to ensure the successful implementation of Recommendation CM/Rec(2016)4, as is specified in the 2018 Steering Committee on Media and Information Society (CDMSI) strategy 2018. It is especially important to us that robust and frank debate on the subject of implementation (including securing firm commitments to national action plans) takes place at the Conference of Ministers responsible for media and information society in Cyprus in May 2020, with the full participation of civil society to pave the way for meaningful actions to reverse the recent negative trends.
We call on you to use your influence on Member States to reform their domestic laws and practices so that they comply with their obligations under the European Convention on Human Rights and CM Recommendation (2016)4, and do everything in your power to improve the safety of journalists through the establishment of effective safeguards.
We thank Thorbjørn Jagland for his efforts in the past years and we are happy to continue to support the Council of Europe with our research and our international networks.
We request a meeting with you soon to discuss these matters in person and to share our knowledge and experience with you as you begin your term of office.
We look forward to your positive response.
Yours sincerely,
Lutz Kinkel, Managing Director, European Centre for Press and Media Freedom (ECPMF)
Sarah Clarke, Head of Europe and Central Asia, ARTICLE 19
William Horsley, Special Representative for Media Freedom, Association of European Journalists (AEJ)
Gulnoza Said, Europe and Central Asia program coordinator, Committee to Protect Journalists (CPJ)
Daniel Gorman, Director, English PEN
Ricardo Gutiérrez, General Secretary, European Federation of Journalists (EFJ)
Leon Willems, Director of Policy and Programmes, Free Press Unlimited (FPU)
Ralf Nestmeyer, Vice-President, German PEN
Bertrand Pecquerie, CEO, Global Editors Network (GEN)
Annie Game, Executive Director, IFEX
Joy Hyvarinen, Head of Advocacy, Index on Censorship
Anthony Bellanger, General Secretary, International Federation of Journalists (IFJ)
Ravi R. Prasad, Director of Advocacy, International Press Institute (IPI)
Ides Debruyne, Managing Director, Journalismfund.eu vzw
Hege Newth, Secretary General, Norwegian PEN
Chiara Sighele, Programme Director, Osservatorio Balcani Caucaso Transeuropa (OBCT/CCI)
Alberto Spampinato, Director, Ossigeno per l’informazione
Aaliya Ahmed, International Programmes Director, PEN International
Christophe Deloire, Secretary General, Reporters without Borders (RSF)
Oliver Vujovic, Secretary General, South East Europe Media Organisation (SEEMO)
Clothilde Redfern, Director, The Rory Peck Trust
Andrew Heslop, Director, World Association of News Publishers (WAN-IFRA)[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1568796322393-650d0cd0-526d-5″ taxonomies=”6534″][/vc_column][/vc_row]
06 Sep 19 | Campaigns -- Featured, Statements
[vc_row][vc_column][vc_column_text]Building trust in the media, achieving media sustainability, and ending impunity for murdered journalists are all issues that will be covered during the upcoming International Parliamentary Seminar on Media Freedom, which takes place in London on 9 – 11 September. The Council of Europe’s Platform for the Protection of Journalism and Safety of Journalists is relevant in this regard, as it seeks to gather and disseminate information on serious media freedom issues.
The platform was launched in 2014 in response to growing hostility toward journalists and media freedom in Europe, so as to swiftly and systematically notify the Council of Europe of pertinent issues and to empower it to take timely and coordinated action when necessary. Index on Censorship is proud to be one of the platform partners. Since 2015 we have submitted and co-sponsored nearly 300 alerts (notifications) to the platform about threats to media freedom and the safety of journalists.
Index on Censorship contributes to the platform, including by drawing on its Monitoring and Advocating for Media Freedom project, which monitors threats, limitations and violations related to media freedom in Azerbaijan, Belarus, Russia, Turkey and Ukraine. In 2018, 17 alerts were submitted to the platform relating to impunity for murdered journalists. Of these, 15 occurred in the countries covered by Index’s media freedom project: Turkey (2), Azerbaijan (2), Ukraine (5), and Russia (6).
In advance of the International Parliamentary Seminar on Media Freedom session on regional initiatives, which takes place on 10 September, Index on Censorship expresses the belief that the platform provides a model that could be replicated by other regions. Such a mechanism has the capacity to quickly draw on the knowledge and expertise of media freedom organisations and journalists’ networks, in order to promote media freedom and enhance the safety of journalists.
Index has noted with extreme concern that the number of alerts about serious threats to journalists’ lives has almost doubled on an annual basis since the launch of the Platform in 2015. We believe that stronger political commitment and practical engagement from politicians and governments is needed to support media freedom around the world. In Council of Europe states, this means that parliamentarians must fully engaging with the platform by ensuring that each alert receives a swift and comprehensive response. This is essential in order for the platform to fulfil its potential.
While Index on Censorship commends the UK’s commitment to press freedom, we note that since the beginning of 2018 seven Council of Europe alerts have concerned the UK: new counter-terrorism legislation; proposed internet regulation; the arrest of two journalists in September 2018; the killing of a journalist in April 2019; the continued impunity for the killing of a journalist who was murdered in 2001; an attack on a journalist in August 2019; and a government-backed arms fair’s (DSEI) refusal to grant two journalists accreditation. Four of these alerts have yet to receive a response.
Noting the UK’s role as one of the Council of Europe’s founding members, Index urges the UK to continue engaging with the platform and ensure it takes practical and concrete steps to promote the protection of media freedom in the UK. The UK should aim to set an example for other countries by providing prompt and detailed state replies to alerts.
Contact: Jessica Ní Mhainín, [email protected] [/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1567768197646-934f3ae2-fe70-1″][/vc_column][/vc_row]
20 Jun 19 | Azerbaijan, Monitoring and Advocating Coverage, News and features, Russia, Turkey, Ukraine
[vc_row][vc_column][vc_row_inner][vc_column_inner][vc_column_text]This article is part of an ongoing series exploring the issues raised by Index on Censorship’s Monitoring and Advocating for Media Freedom project.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_column_text]In 2018, 17 alerts were submitted to the Council of Europe’s Platform to promote the protection of journalism and safety of journalists relating to impunity for murders of journalists. Of these, 15 occurred in the countries covered by Index on Censorship’s ongoing Monitoring and Advocating for Media Freedom project: Turkey (2), Azerbaijan (2), Ukraine (5), and Russia (6).
The Monitoring and Advocating for Media Freedom project documents, analyses, and publicises threats, limitations and violations related to media freedom and safety of journalists in Azerbaijan, Russia, Turkey and Ukraine, (as well as Belarus, which is not in the Council of Europe), in order to identify possible opportunities for advancing media freedom in these countries.
As part of the project, Index on Censorship submits and co-sponsors alerts on violations, including physical attacks on journalists and threats to media freedom, to the Council of Europe’s platform. When a member state is mentioned in an alert, the state is asked to log any remedial action they have taken in the platform. The platform’s objective is to put pressure on Council of Europe states to act in accordance with international human rights law and media standards.
Turkey, Azerbaijan, Ukraine, and Russia look likely to be among Europe’s most flagrant offenders of media freedom again in 2019: despite accounting for just 8.5% of the Council of Europe member states, they account for 36% of the alerts filed on the platform so far this year.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”98654″ img_size=”full”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Turkey remains the world’s largest imprisoner of journalists. Arrested journalists continue to be detained on charges of membership of or creating propaganda for a terrorist organisation. Three of the fourteen staff of the newspaper Özgürlükçü Demokrasi who were arrested in 2018 and charged with “membership in a terrorist organisation and terrorist propaganda” remain in detention in Istanbul. The next hearing in their trial is scheduled for 28 June 2019.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”107324″ img_size=”full”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Despite President Aliyev’s pardoning of more than 400 people earlier this year, journalists among them, severe obstacles remain to press freedom in Azerbaijan. Travel bans remain one of the most common instruments with which to silence critical voices in the country, despite being in violation of Article 12 of the International Covenant on Civil and Political Rights (“everyone shall be free to leave any country, including his own”), which Azerbaijan ratified in 1992.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”98655″ img_size=”full” add_caption=”yes”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Last month investigative reporter Vadym Komarov was beaten into a coma in the Ukrainian city of Cherkasy. He was found with severe head injuries and was taken to hospital where he underwent brain surgery. He frequently wrote about corruption, administrative incompetence, prison conditions, and illegal construction. According to the most recent reports, police have not yet identified the attacker, but are treating the incident as premeditated attempted murder.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”98652″ img_size=”full” add_caption=”yes”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Along with Ukraine, Russia is among the Council of Europe states where journalists endure the highest rate of physical violence. Earlier this month, unknown assailants attacked the well-known blogger Vadim Kharchenko after he went to meet a potential source. Kharchenko is known for reporting on and investigating alleged police abuse of power. As noted in its recently published report, Index on Censorship recorded 116 violations of press freedom in Russia between 1 February 2019 and 30 April 2019. [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]
