Poland: Abolition of safeguards for pluralism and independence in public service media

Update: President Andrzej Duda of Poland signed the new law into effect on  7 January, 2016.

The undersigned press freedom and media organisations – European Federation of Journalists (EFJ), European Broadcasting Union (EBU), Association of European Journalists (AEJ), Reporters Without Borders (RSF), Committee to Protect Journalists (CPJ) and Index on Censorship – are outraged by the proposed bill, hastily introduced by the majority party in Poland on 29 December 2015 for immediate adoption, without any consultation, abolishing the existing safeguards for pluralism and independence of public service media governance in Poland.

The introduction of a system whereby a government minister can appoint and dismiss at its own discretion the supervisory and management boards goes against basic principles and established standards of public service media governance throughout Europe. If the Polish Parliament passes these measures, Poland will create a regressive regime which will be without precedent in any other EU country.

We consider that the proposed measures will represent a retrograde step making more political, and thus less independent, the appointment of those in charge of the governance of public service media in Poland.

We urge the Polish authorities to resist any temptation to strengthen political control over the media.

To date, Poland can boast an excellent track record in terms of freedom of the media, which ranks in the top category in the Reporters without Borders World Press Freedom Index 2015 as well as in the 2015 Freedom House report on political rights and civil liberties.

TVP reaches more than 90% of the Polish population every week and had about 30% of the TV broadcasting market in Poland in 2014, which is higher than in the case of most public TV channels in Central and Eastern Europe.

Signatories

European Federation of Journalists (EFJ)
European Broadcasting Union (EBU)
Association of European Journalists (AEJ)
Reporters Without Borders (RSF)
Committee to Protect Journalists (CPJ)
Index on Censorship


 

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“You have to be brave to be a journalist in Serbia”

Mapping Media Freedom

Investigative journalist Ivan Ninic knew something was wrong when he saw the two young men reach down. “I saw they were getting two metal bars,” said Ninic, who is the latest victim of violence against journalists in Serbia. Two young men, in tracksuits and baseball caps, assaulted him on a Thursday evening in late August, in Serbia’s capital, Belgrade. “They attacked me and stuck me brutally,” he told UNS, a Serbian association for journalists. “I have a haematoma under my eye, bruises on the thigh bone and an injury to my shoulder.”

Just a week earlier, at a Jazz Festival in the southern city of Nis, local journalist Predrag Blagojevic was beaten by a police officer for — in the words of the officer — “acting smart”. “He grabbed me, bent my arm behind my back and repeated several times ‘Why are you acting smart?’ Then he hit me in the head with his hand. He hit me twice,” Blagojevic stated after the incident. Blagojevic had been approached by the officer and asked for his identity papers. Blagojevic had asked “why?” The police officer took him to his car and started beating him.

Media freedoms in Serbia are on the decline. The country has been cited in 93 verified violations against the media reported to Index on Censorship’s Mapping Media Freedom project. A recent report by Human Rights Watch (HRW), painted a picture of journalists in several western Balkan countries, working in hostile environments whilst facing threats and intimidation.

“It’s certainly not going forward,” HRW researcher Lydia Gall said in an interview with Index on Censorship. “What in fact should be showing progress, is rather deteriorating.”

Gall interviewed over 80 journalists in Serbia, Kosovo, Macedonia, Montenegro and Bosnia-Herzegovina. The stories she heard were shocking.

“These are all countries that are transitioning,” she said. “They’re undergoing democratic development in, one would hope, a positive direction. But when you look at the documentation I’ve collected you’ll see a worrying picture unravel.”

The report contains examples of threats, beatings, and even the murder of several journalists. It also claims there is political interference, pressure and a lack of action by the authorities to investigate and prosecute those responsible for crimes against the media.

In Serbia alone Human Rights Watch reported 28 cases of physical attacks, threats, and other types of intimidation against journalists between January and August 2014.

NUNS (the Independent Journalists’ Association of Serbia) has documented a total of 365 physical and verbal assaults, and attacks, in the period from 2008 to 2014. This may be the tip of the iceberg since, according to NUNS, many media workers don’t report attacks.

Between May 2014 and June 2015, Index on Censorship’s Mapping Media Freedom project has received 77 reports of violations against Serbian journalists and media workers.

Most of the targeted journalists investigate corruption and allegations of war crimes. Both Ivan Ninic and Predrag Blagojevic report on corruption on a regular basis. “These are not popular topics in the Balkans,” Lydia Gall said. “There are always people in power trying to get them not to write about them.”

Serbia has undergone incredible change over the past two decades. During the Federal Socialist Republic of Yugoslavia censorship was directly imposed by the state. Few forget the difficulties of reporting in Serbia during the darkest moments of the 1990s. Means and methods of pressure and censorship are very different nowadays.

“It’s not necessarily the state going after the journalist anymore,” Gall explained. “But it’s more the state neglecting to properly investigate crimes against journalists.”

“If it’s not physical interference or abuse, then it’s threats, or so-called friendly advice. In some cases journalists are being sued for civil libel and end up spending most of their time in courts instead of doing their work. It can be done in very subtle ways.”

This all contributes to a hostile environment for journalists to work in, the HRW report concludes. “You have to be a brave person to do this type of reporting in the Balkans,” said Gall.

Sometimes pressure on the media in Serbia is not even that subtle. Current Prime Minister Aleksandar Vucic, has been accused of being overly hostile against the media. He has publicly labeled Balkan Investigative Reporting Network (BIRN) foreign spies . The current government has also been accused by some journalists of involvement in several cyber attacks on critical online media portals, such as Pescanik.

“Improving media freedom is an important condition in Serbia’s negotiation process with the European Union for membership. But EU’s pressure on Serbia is too weak,” said Gall.

“They’re mainly looking at the legislative framework. On paper it looks great. The problem comes to light when you look on the ground. When you speak to journalists, who are living this reality every day.”

Meanwhile the Serbian journalist associations, NUNS and UNS, are trying to put pressure on the authorities to track down the attackers of Ivan Ninic.

Ninic is known for his investigations into corruption within high levels of government. He founded the Center for the Rule of Law, an NGO, and is planning to launch a website to publish investigative reports.

He believes the attack is a warning: “I expect the police will find and punish not only the attackers, but also the masterminds, so that I know who is sending me this message,” he said in a statement.


 

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This article was published on 16 September 2015 at indexoncensorship.org

Ukraine: “Serious blow to media freedom”

Ukrainian President Petro Poroshenko signed a decree on Wednesday 16 September banning at least 38 international journalists and bloggers from Ukraine for one year. The decree, published on the presidential website, says those listed are banned for being “actual or potential threat to national interests, national security, sovereignty and territorial integrity of Ukraine.”

Poroshenko said the people targeted were involved in Russia’s 2014 annexation of Crimea and the current aggression in eastern Ukraine.

“This ban is a serious blow to media freedom,” Index senior advocacy officer Melody Patry said. “There is no explanation whatsoever on what press coverage constitutes an actual or potential threat to national security. We appreciate that the situation in eastern Ukraine is sensitive but preventing journalists from reporting from within the country is not the solution and it’s undermining freedom of information.”

The Committee to Protect Journalists reports that the 34 journalists and seven bloggers named in the ban come from Bulgaria, Estonia, Germany, Hungary, Israel, Kazakhstan, Latvia, Macedonia, Moldova, Poland, Russia, Serbia, Slovakia, Spain, Switzerland and the United Kingdom.

The original list included three BBC media staff members – Moscow correspondent Steve Rosenberg, producer Emma Wells and cameraman Anton Chicherov – who were later removed from the ban list, media reported.

“We cannot accept that kind of censorship”, said Mogens Blicher Bjerregård, president of the European Federation of Journalists. Censorship is never the right answer, even to counter propaganda or to sanction journalists who allegedly crossed the Russian-Ukrainian border illegally. The ban is simply inappropriate. Peace and Development of our democracies need press freedom not banning journalists. We and the international society must firmly urge the Ukraine government to lift immediately the ban on named journalists.”

Over 380 people in total have been banned, including activists and Russian officials.

This measure was added to the Mapping Media Freedom platform, which monitors and map threats and violations to media freedom in Europe, including Ukraine and Russia.

The environment for media freedom in Ukraine has been deteriorating against the backdrop of the conflict in the eastern part of the country, making it one the the deadliest countries for journalists, with at least eight media workers killed since the beginning of 2014.

This statement was updated to reflect the later removal of three BBC journalists from the ban list.


 

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/


UK Foreign Office issues statement on arrests

Wednesday 2 September:

The Foreign and Commonwealth Office issued the following statement:

“We are concerned at the arrest of two British journalists in Diyarbakir on 31 August, who have been charged with assisting a terrorist organisation. The journalists have been given access to a lawyer and were in direct contact with consular officials within 24 hours of their detention.

“Respect for freedom of expression and the right of media to operate without restriction are fundamental in any democratic society. Turkey is a state party to the European Convention on Human Rights and International Covenant on Civil and Political Rights. We would expect the Turkish authorities to uphold the obligations enshrined in those agreements.”

Tuesday 1 September:

Freedom of expression charities have written to UK Foreign Secretary Philip Hammond urging the UK to speak out publicly in defence of freedom of expression following the arrest of two British journalists and an Iraqi translator in Turkey under terror legislation.


#FreeViceNewsStaff

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5 countries using anti-terror legislation to muzzle journalists


The journalists and their fixer were were formally charged by a Turkish court on Monday with ‘aiding a terrorist organisation’. Vice News has described the charges as completely baseless.

The letter from PEN International, English PEN and Index on Censorship highlights the deteriorating situation for media in Turkey and urges Foreign Secretary Philip Hammond to speak out publicly against the arrests.

“Coming shortly after the equally unjust sentencing of Al Jazeera journalists in Egypt, we would note also the worrying increase in the use of terror laws to stifle a free and independent media globally and hope the UK will use its international position to help reverse this disturbing trend,” the groups say in the letter.

The groups have also written to the Council of Europe, of which Turkey and the UK are members, to express their concerns.

A copy of the letter can be found below.

Dear Mr Hammond,

We are writing to you on behalf of Index on Censorship, English PEN and PEN International, charities that campaign for freedom of expression in the UK and globally, to urge the immediate intervention of the British government in the case of three VICE News journalists, including two Britons, who have been charged with terror offences by the Turkish government.

The two British reporters, VICE News journalists Jake Hanrahan and Philip Pendlebury, along with their fixer, Iraqi translator and journalist Mohammed Ismael Rasool, were formally charged by a Turkish court on Monday with ‘aiding a terrorist organisation’. We believe these charges to be baseless.

The three were detained by police with a fourth member of their team as they filmed in the south-east region of Diyarbakir on Thursday. Police interrogated them about alleged links to Islamic State and Kurdish militants.

You will be aware that the Turkish government’s routine use of counter-terrorism charges against journalists is a longstanding cause of concern for international human rights organisations and for the media in Turkey. There are rising fears that Turkey is on the brink of a new media crackdown in the run up to the parliamentary elections: Turkish police conducted a raid on the offices of Koza Koza Ipek Media group today, while an Ankara court has ruled in favour of a general search warrant for the Çankaya district of the Turkish capital (where embassies and foreign missions are based) allowing police to make preventative security searches and detentions for 30 days.

We recognise that Turkey is facing a period of heightened tension in the region. However at such a time it is more important than ever that both domestic and international journalists are allowed to do their vital work without intimidation, reporting on matters of global interest and concern.

A member of the Council of Europe, Turkey is a state party to both the European Convention on Human Rights and the International Covenant on Civil and Political Rights. It is therefore obliged to respect the right to freedom of expression and ensure that journalists are free to gather information without hindrance or threat.

We appreciate the Foreign Office’s consular assistance to the VICE News team and urge you to make a public statement in defence of freedom of expression in Turkey.

Coming shortly after the equally unjust sentencing of Al Jazeera journalists in Egypt, we would note also the worrying increase in the use of terror laws to stifle a free and independent media globally and hope the UK will use its international position to help reverse this disturbing trend.

Yours sincerely,

Jodie Ginsberg
Chief Executive, Index on Censorship

Maureen Freely
President, English PEN

Carles Torner
Executive Director, PEN International

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