04 Aug 22 | News and features, Northern Ireland, Statements, United Kingdom
Gerry Kelly MLA & Gerry Adams TD. Photo: Sinn Fein, CC BY 2.0
Index on Censorship is concerned at the lawsuits that have been filed against journalist Malachi O’Doherty and columnist Ruth Dudley Edwards. Both are being sued individually by Sinn Féin politician Gerry Kelly MLA, who is claiming aggravated damages for comments they each made – on radio and in print respectively – in relation to Kelly’s role in 1983 Maze Prison escape.
“Everyone has the right to defend their good name but as elected representatives, politicians have a duty to display a greater degree of restraint when it comes to taking to legal action against journalists. This is especially true when the contested statements are related to matters of public interest. Lawsuits against journalists can have a serious and damaging impact on media freedom and on our democracy,” said Jessica Ní Mhainín, Policy and Campaigns Manager at Index on Censorship.
Explaining Index on Censorship’s decision to file a media freedom alert to the Council of Europe Platform, Ní Mhainín said: “We are concerned that these lawsuits in particular have several characteristics of strategic lawsuits against public participation or ‘SLAPPs’. SLAPPs involve powerful people – such as politicians – making legal threats or taking legal actions against public watchdogs – such as journalists – in response to public interest speech.”
This is the seventh media freedom alert filed on the United Kingdom to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists this year and the third relating to SLAPPs.
12 May 22 | News and features, Press Releases
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]
18 Feb 22 | Statements, United States
The undersigned organisations express their serious concern at the legal proceedings, also known as SLAPPs, that have been brought against investigative journalist Scott Stedman, his US media company Forensic News, and three of his colleagues.
Between June 2019 and June 2020, Forensic News published six articles and a podcast about the business affairs of British-Israeli security consultant and businessman Walter Soriano, after he was summoned by the United States’ Senate Intelligence Committee. The Committee was reportedly interested in Soriano’s connections to several people of interest, including the Russian oligarch Oleg Deripaska, who had been a former business associate of Donald Trump’s campaign chairman Paul Manafort.
The Forensic News team was sued by Soriano in July 2020, one month after they published their last article about him. Although the defendants are all based in the United States and Forensic News is incorporated in the state of California, the lawsuit has been brought in London.
A total of five claims were made in relation to data protection, libel, misuse of private information, harassment, and malicious falsehoods. Two of the claims, harassment and malicious falsehoods, have since been dismissed.
“We believe that the lawsuit that has been brought against Forensic News is a SLAPP,” the undersigned organisations said. SLAPPs abuse the law in order to silence critical coverage on matters of public interest. Index on Censorship has filed a media freedom alert to the Council of Europe Platform for the Protection of Journalism and Safety of Journalists.
“The case has many of the hallmarks of a SLAPP, including that Soriano is not only suing the news organisation, but also the four individual reporters. He also has lawsuits pending against investigative journalists in France and Israel, as well as against Twitter in Ireland,” the organisations said.
Due to the extremely expensive nature of mounting a legal defence in England and Wales, Forensic News is having to raise funds through an online crowdfunding campaign. The case is expected to go to trial before the end of 2022.
SIGNED:
Index on Censorship
Blueprint for Free Speech
The Campaign for Freedom of Information in Scotland (CFoIS)
Coalition For Women In Journalism (CFWIJ)
The Daphne Caruana Galizia Foundation
English PEN
European Centre for Press and Media Freedom (ECPMF)
IFEX
International Press Institute (IPI)
Justice for Journalists Foundation
Organized Crime and Corruption Reporting Project
Osservatorio Balcani Caucaso Transeuropa (OBCT)
PEN International
Reporters Without Borders (RSF)
Spotlight on Corruption
14 Jan 22 | Legal action against journalists, News and features, United Kingdom
The undersigned organisations reiterate their support for award-winning journalist and author, Carole Cadwalladr, who is facing a week-long defamation trial in London this week. Cadwalladr, who works for the Guardian Media Group in the UK, is being sued as an individual by millionaire businessman and political donor Arron Banks, best known for his role as co-founder of the 2016 Brexit campaign Leave.EU.
Banks originally filed four claims against Cadwalladr in July 2019, two of which he dropped in January 2020 after the judge found them to be “far-fetched and divorced from the specific context in which those words were used”. The remaining claims relate to Cadwalladr’s 2019 TED Talk, “Facebook’s Role in Brexit – and the Threat to Democracy” and a Twitter post linking to the TED Talk.
“When this lawsuit was filed more than two years ago, several organisations came together to call this legal action out as a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing Cadwalladr. We today reaffirm this characterisation and unreservedly reiterate our support for Cadwalladr as she continues to defend her public interest work,” the organisations said.
SLAPPs abuse the law in order to intimidate and silence public watchdogs from speaking out on matters of public interest. Banks is pursuing legal action against Cadwalladr as an individual, rather than pursuing her media outlet in which the contested claims were originally made. Due to the expensive nature of the process in England, Cadwalladr has had to raise funds for her legal defence through crowdfunding. She has so far raised more than half a million pounds.
“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect journalists and others working in the public interest from being subject to abusive legal actions intended to stifle public debate,” the organisations concluded. “Our democracy relies on the ability to hold power to account.”
Representatives from several of the undersigned organisations will be in attendance at the High Court this week to monitor proceedings.
Signed:
Index on Censorship
ARTICLE 19
Association of European Journalists
Campaign for Freedom of Information in Scotland (CFoIS)
Committee to Protect Journalists
English PEN
European Centre for Press and Media Freedom (ECPMF)
IFEX
International Press Institute (IPI)
Justice for Journalists Foundation
Mighty Earth
Organised Crime and Corruption Reporting Project (OCCRP)
PEN International
Reporters Without Borders (RSF)
Society of Journalists
Spotlight on Corruption
The Daphne Caruana Galizia Foundation
Whistleblowing International Network
