The UK has responded to an official alert to the Council of Europe’s platform to protect journalism, which was filed by Index on Censorship and co-submitted by the Association of European Journalists on 25 April 2019. The alert highlights the risks to media freedom in proposals in the government’s recently released online harms white paper.
The UK response is a copy of a letter from Culture Secretary Jeremy Wright to Ian Murray of the Society of Editors, who had raised concerns that the proposals, designed to combat support for terrorism, child abuse and other harms on the internet, would also impinge on press freedom.
The letter from Jeremy Wright states that journalistic or editorial content will not be affected by the proposed regulatory framework. However, it is very difficult to see how this could be avoided.
The proposals in the white paper cover companies of all sizes (including non-profit organisations). For example, a blog and comments would be included under the remit of a proposed online content regulator.
The letter futher states that the future “ …regulator will not be responsible for policing truth and accuracy online”. However, a new legal duty of care would cover a very broad range of “harms”, for example disinformation and violent content. In combination with substantial fines and potentially even personal criminal liability for senior managers it would create a very strong incentive for platforms to remove content proactively – including news stories that might be deemed ‘harmful’ by the regulator although their contents is not illegal.
Other proposals in the white paper may also have damaging impacts on media freedom, such as potential ISP blocking (making a platform inaccessible in or from the UK). The draft provisions for ensuring protection of users’ rights online, particularly freedom of expression, rights to privacy and the public interest are now sketchy and inadequate, but they need to be robust, detailed and provided for in law.
Index and AEJ look forward to a more comprehensive UK state reply to the Council of Europe, which explains unequivocally and in concrete detail how proposals in the white paper will be made compatible with the UK’s obligations to safeguard journalism and media freedom.
Press freedom in Europe is more fragile now than at any time since the end of the Cold War. That is the alarming conclusion of a report launched today by the 12 partner organisations of the Council of Europe platform to promote the protection of journalism and safety of journalists.
The report, “Democracy at Risk”, analyses media freedom violations raised to the Platform in 2018. It provides a stark picture of the worsening environment for the media across Europe, in which journalists increasingly face obstruction, hostility and violence as they investigate and report on behalf of the public.
The 12 Platform partners – international journalists’ and media organisations as well as freedom of expression advocacy groups – reported 140 serious media freedom violations (“alerts”) in 32 Council of Europe member states in 2018. This review of the alerts reveals a picture sharply at odds with the guarantees enshrined in the European Convention on Human Rights. Impunity for crimes against journalists is becoming a “new normal”. Legal protections for critical, investigative reporting have been weakened offline and online. The space for the press to hold government authorities and the powerful to account has shrunk.
Last year the murders of Ján Kuciak and fiancée Martina Kušnírová in Slovakia and Jamal Khashoggi in the Saudi Arabian consulate in Istanbul, Turkey, were among 35 alerts for attacks on journalists’ physical safety and integrity. Alerts about serious threats to journalists’ lives doubled and were accompanied by a strong surge in verbal abuse and public stigmatisation of the media and individual journalists in Council of Europe member states.
“Urgent actions backed by a determined show of political will by Council of Europe member states are now required to improve the dire conditions for media freedom and to provide reliable protections for journalists in law and practice”, the report warns.
The purpose of the Platform, based on a 2015 agreement between the Council of Europe and the partner organisations, is to prompt an early dialogue with member states and hasten remedies for violations and shortcomings in the protections for free and independent journalism.
The Platform partners call on states that impose the harshest restrictions on journalists’ activities’ and freedom of expression to:
Restore rule of law safeguards and drop charges against journalists and release them as a step towards restoring a safe and enabling environment for independent media;
Remove extremism and other laws criminalising media and end arbitrary exercise of powers by the executive and regulators; and
Take the necessary steps to put in place a structure of media regulation and ownership which safeguards media plurality and freedom.
In addition, the Platform partners call on all states to reply fully and in good faith to all alerts and to take effective measures in law and practice to remedy the threats to the safety of individual journalists and media.
The Council of Europe Platform was launched in April 2015 to provide information which may serve as a basis for dialogue with member states about possible protective or remedial action. While many member states responded to alerts in 2018, five states declined to respond to any alerts, including those reporting very serious media freedom violations.
The 12 Platform partners are: the European Federation of Journalists (EFJ), the International Federation of Journalists (IFJ), the Association of European Journalists (AEJ), Article 19, Reporters without Borders (RSF), the Committee to Protect Journalists (CPJ), Index on Censorship, the International Press Institute (IPI), the International News Safety Institute (INSI), Rory Peck Trust, the European Broadcasting Union (EBU) and PEN International.[/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:1549970814170-cd3c7b7a-5d5e-10″ taxonomies=”208″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]Index on Censorship has filed an official notification with the Council of Europe raising concerns about the Counter-Terrorism and Border Security Bill’s impacts on media freedom in the UK.
Index believes that the Counter-Terrorism and Border Security Bill would undermine media freedom and damage journalism if it is enacted in its current form.
The bill would criminalise watching online content likely to be useful for terrorism, even if viewed with no terrorist intent. The offence would carry a prison sentence of up to 15 years. It would make the work of investigative journalists very difficult.
The bill would criminalise publishing (for example, by posting online) images of clothing or an article such as a flag in a way that aroused “reasonable suspicion” that the person doing it was a member or supporter of a proscribed (terrorist) organisation.
The bill would introduce new border security measures that would not allow journalists to protect sources and confidential materials.
The bill will be considered in the House of Lords on 9 October.
Joy Hyvarinen, head of advocacy said: “Index considers this bill to be a threat to media freedom in the UK, which is why we have alerted the Council of Europe. It is extremely important to tackle terrorism, but doing it by undermining media freedom is not the right way. Journalists must be free to do their work”.[/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:1537888523395-496f859a-3b84-3″ taxonomies=”27743″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]In ajoint statement in June, 42 civil society organisations, including Index on Censorship, called on the Parliamentary Assembly of the Council of Europe to appoint a rapporteur to examine the issue of political prisoners in Azerbaijan.
Joy Hyvarinen, head of advocacy at Index, said: “Index on Censorship welcomes the appointment of a rapporteur to prepare a report on political prisoners in Azerbaijan for the Parliamentary Assembly of the Council of Europe. We urge the rapporteur Thorhildur Sunna Ævarsdóttir to prepare a frank report on the situation, in particular the case of journalist Afgan Mukhtarli, who was jailed for six years on spurious charges”.[/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:1530793587839-a74e8496-f02b-4″ taxonomies=”7145″][/vc_column][/vc_row]
