The free speech Euros: Group C

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Razvan Pasarica/SPORT PICTURES/PA Images

North Macedonia fans at Euro 2020. Razvan Pasarica/SPORT PICTURES/PA Images

In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?

It’s simple, the worst is ranked first.

We continue today with Group C, which plays the deciding matches of the group stages today.

1st Ukraine

Ever heard of the “Information War”? It is probably the biggest threat to freedom of speech in Ukraine and consumes most of the attention directed towards the state where there is often a distinct lack of freedom of expression. The information war between Russia and Ukraine is supposedly solely pro-Russian propaganda, but recent trends show that Ukraine is just as guilty of press freedom violations in this area.

The former Index employee currently detained in his native Belarus Andrei Aliaksandrau explained the tensions and Information War between the two countries back in 2014.

He wrote: “The more you lie, the less you need to shoot. And if you are very good at propaganda, you don’t need to shoot at all to win a war. The principles of an information war remain unchanged: you need to de-humanise the enemy. You inspire yourself, your troops and your supporters with a general appeal which says: “We are fighting for the right cause – that is why we have the right to kill someone who is evil.””

Essentially, propaganda between the two has forced true, fact-checked information to become secondary to a slanging match that has accompanied a territorial dispute between Russia and Ukraine over Crimea.

Ukrainian law stripped three Russian state TV channels of their licences in February earlier this year and they can no longer be shown in Ukraine.

At the time Jeanne Cavelier, the head of RSF’s Eastern Europe and Central Asia desk said:Even if the desire to combat propaganda is legitimate, it does not justify the use of censorship, and banning these TV channels is liable to stir up violence against journalists. This violation of freedom of expression violates Ukraine’s international obligations.” 

The situation has also created an atmosphere in which journalists can be targeted and physically attacked. Eight journalists have been killed in Ukraine since 2014, according to the Committee to Protect Journalists, four of them seemingly in a crossfire between Ukrainian and pro-Russian separatist forces.

The most recent killing was in 2019 with the death of Vadym Komarov, killed after a Facebook post revealed that he planned to publish allegations of corruption within local authorities.

Komarov was found in the city of Cherkasy, central Ukraine, with blunt trauma injuries to the head on 4 May 2019, he died in hospital on 20 June.

2nd North Macedonia

In North Macedonia, journalists are no stranger to threats and harassment. This, added to the actions of corrupt officials leads to what Reporters Without Borders (RSF) describes as a “culture of impunity”.

Violent threats towards reporters are common. Journalist Miroslava Byrns was subjected to threatening messages online after reporting on a wedding with 200 guests in the town of Tetovo, during the Covid-19 pandemic in July 2020. Byrns received one message that read “you will see what will happen to you” and was given 24-hour police protection in response.

Similarly, journalist Tanja Milevska received equally disgusting abuse after questioning the use of “Macedonia” by Hungarian Prime Minister Viktor Orbán. The country’s name was changed in 2019, ending a long running dispute with Greece.

As a result, Milevska received a variety of awful online threats and abusive messages, including those of rape and graphically detailed violence.

Threats, sadly, are indicative of a culture of targeting bred by some North Macedonian officials.

In February 2020, then assistant head of department at North Macedonia’s Central Registry Emil Jakimovski, sent threats that included sexual comments to Meri Jordanovska and Iskra Korovesovska, the deputy editor of news website A1on and editor-in-chief of local broadcaster Alfa TV respectively. Jakimovski was later sacked.

The incident was not unusual. In 2019, local government staffers in the town of Aračinovo attempted to force a journalist and cameraman from TV21 to delete camera footage of interviews with local residents after requesting an interview with Mayor Milikije Halimi.

The two were locked in a room before being forcibly driven to the TV21 headquarters.

There is general distrust between the media and government. In 2015, the Macedonian government were found to have been wiretapping citizens, as well as over 100 journalists. The scandal led to the downfall of the then government.

It was found that the government was using the spying software FinFisher. FinFisher, according to Computer Weekly, is “a sophisticated and easy-to-use set of spying tools that is sold only to governments”.

Use of this technology is a clear violation of the rights of North Macedonian journalists to report without fear or intimidation.

3rd  Austria

Most of the concerns around free speech in Austria arise due to defamation suits.

Strategic lawsuits against public participation (Slapps) are common in Austria. Slapps are a type vexatious defamation lawsuit usually aimed at journalists by large corporations or governments. The aim is to stop the journalist from publishing certain information, or pressure them with court cases that are time consuming and extremely costly.

According to Georg Eckelsberger of the investigative media outlet Dossier, letters threatening legal action are often received by journalists in Austria.

In 2017, for example, vice president of the autonomous province Bolzano in Italy and its minister for agriculture Arnold Schuler filed a Slapp against the Jurek Vengels and the Munich Environmental Insititue (MEI) and author Alexander Schiebel. The MEI and Schiebel had helped uncover the use of dangerous pesticides by farmers in Germany.

Commissioner for human rights of the Council of Europe Dunja Mijatović cited the case in expressing her concerns over Slapps. She said: “While this practice primarily affects the right to freedom of expression, it also has a dramatic impact on public interest activities more broadly: it discourages the exercise of other fundamental freedoms such as the right to freedom of assembly and association and undermines the work of human rights defenders.”

The non-profit organisation Freedom House pointed towards libel laws protecting politicians from proper questioning, particularly members of the right-wing populist party, the Freedom Party of Austria (FPÖ). The FPÖ have been responsible for the targeted bullying of Austrian journalists.

A growing trend in the country is also tensions between press and anti-lockdown protesters, something that has been echoed across Europe (BBC Newsnight political editor Nick Watt was hounded outside Downing Street only last week).

On 6 March 2021, several photojournalists covered anti-lockdown demonstrations in the Austrian capital of Vienna. Once again, the FPÖ were heavily involved and signs and placards were seen that read “the lying press”.

4th Netherlands

The Netherlands’ record on free speech is generally good.

Perhaps one of the clearest developments regarding free speech in the Netherlands in recent years is the court case involving the online abuse of journalist Clarice Gargard.

The case, which took two years to reach a judgement, saw 24 people convicted of incitement, insult and discrimination after Gargard was abused during a live stream of a protest she took part in against Zwarte Pieta, a blackface caricature part of traditional Christmas celebrations in the Netherlands.

The case, which journalist Fréderike Geerdink wrote about for Index in the recent winter edition of the magazine, was a landmark moment in retributory action taken against those threatening journalists in the country.

The case exists now as a precedent that may deter people from sending the kind of racist and sexist abuse Gargard was subjected to.

Freedom of speech is protected by the Dutch constitution but is not absolute and it is the incitement law that is contentious. Dutch people can be charged with incitement even if the comment is in relation to an inanimate object.

Generally, however, there is little to stop someone one the Netherlands, legislatively speaking, from speaking out. Also, on the case of incitement, 70 to 90 per cent of cases don’t go to trial, according to an article by The New Republic.

That said, the International Press Institute (IPI) has expressed concern over an increase in threats to reporters after government-imposed coronavirus curfew restrictions. A number of senior reporters in news organisations have noticed increasingly threatening attitudes towards journalists during the pandemic. Partly, some believe, due to conspiracy theorists equating government restrictions such as lockdowns a face masks being supposedly due to a media narrative.

They said: “In 2020, monitoring groups in the Netherlands charted a significant increase in threats and acts of aggression against journalists, with figures nearly trebling on the previous year from 52 to 141. While this may in part be down to the success of the new PressVeilig (Press Safety) hotline – a joint initiative of the NVJ, the Association of Editors-in-Chief, the Police and the Public Prosecution Service – editors have still noted a clear increase in hostility.”

Other Groups

Group A

Group B

Group D

Group E

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China: A century of silencing dissent

FEATURING

Interview with Justice for Journalists’ Maria Ordzhonikidze: how Russia is using Covid to clamp down on the media

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In March 2020, Index on Censorship partnered with Justice for Journalists Foundation to keep track of attacks on media freedom under cover of the Covid-19 pandemic.

Four months on and the project has recorded more than 230 physical and verbal assaults, detentions and arrests and fines around the world. Authoritarian governments are increasingly using the pandemic to clamp down on media freedom. The largest number of incidents are in Russia and the former Soviet Union. Here associate editor Mark Frary talks to JFJ's director Maria Ordzhonikidze about why media freedom is in decline in the region.

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Attacks on media in Europe must not become a new normal, report says

[vc_row][vc_column][vc_column_text]Attacks on press freedom in Europe are at serious risk of becoming a new normal, 14 international press freedom groups and journalists’ organisations including Index on Censorship warn today as they launch the 2020 annual report of the Council of Europe Platform to Promote the Protection of Journalism and the Safety of Journalists. The fresh assault on media freedom amid the Covid-19 pandemic has worsened an already gloomy outlook.

The report analyses alerts submitted to the platform in 2019 and shows a growing pattern of intimidation to silence journalists in Europe. The past weeks have accelerated this trend, with the pandemic producing a new wave of serious threats and attacks on press freedom in several Council of Europe member states. In response to the health crisis, governments have detained journalists for critical reporting, vastly expanded surveillance and passed new laws to punish “fake news” even as they decide themselves what is allowable and what is false without the oversight of appropriate independent bodies.

These threats risk a tipping point in the fight to preserve a free media in Europe. They underscore the report’s urgent wake-up call on Council of Europe member states to act quickly and resolutely to end the assault against press freedom, so that journalists and other media actors can report without fear.

Although the overall response rate by member states to the platform rose slightly to 60 % in 2019, Russia, Turkey, and Azerbaijan – three of the biggest media freedom violators – continue to ignore alerts, together with Bosnia and Herzegovina.

2019 was already an intense and often dangerous battleground for press freedom and freedom of expression in Europe. The platform recorded 142 serious threats to media freedom, including 33 physical attacks against journalists, 17 new cases of detention and imprisonment and 43 cases of harassment and intimidation.

The physical attacks tragically included two killings of journalists: Lyra McKee in Northern Ireland and Vadym Komarov in Ukraine. Meanwhile, the platform officially declared the murders of Daphne Caruana Galizia (2017) in Malta and Martin O’Hagan (2001) in Northern Ireland as impunity cases, highlighting authorities’ failure to bring those responsible to justice. Only Slovakia showed concrete progress in the fight against impunity, indicting the alleged mastermind and four others accused of murdering journalist Ján Kuciak and his fiancée, Martina Kušnírová.

At the end of 2019, the platform recorded 105 cases of journalists behind bars in the Council of Europe region, including 91 in Turkey alone. The situation has not improved in 2020. Despite the acute health threat, Turkey excluded journalists from a mass release of inmates in April 2020, and second-biggest jailer Azerbaijan has made new arrests over critical coverage of the country’s coronavirus response.

2019 saw a clear increase in judicial or administrative harassment against journalists, including meritless SLAPP cases, and spurious and politically motivated legal threats. Prominent examples were the false drug charges filed against Russian investigative journalist Ivan Golunov and the continued imprisonment of journalists in Ukraine’s Russia-controlled Crimea. The Covid-19 crisis has strengthened officials’ tools to harass journalists, with dangerous new “fake news” laws in countries such as Hungary and Russia that threaten journalists with jail for contravening the official line.

Other serious issues identified by 2019 alerts included expanded surveillance measures threatening journalists’ ability to protect their sources, including in France, Poland and Switzerland, as well political attempts to “capture” media through ownership and market manipulation, most conspicuously of all in Hungary. These threats, too, are exacerbated by the actions taken by several governments under the health crisis, which further include arbitrary limitations on independent reporting and on journalists’ access to official information about the pandemic.

Jessica Ní Mhainín, Index's policy research and advocacy officer, says, "There is a growing pattern of intimidation aimed at silencing journalists in Europe. The situation in Eastern Europe - especially in Hungary, Poland, and Bulgaria - is particularly concerning. But the killing of Lyra McKee shows that we cannot take the safety of journalists for granted anywhere - not even in countries that are seen to be safe for journalists. This report provides an opportunity for us all to come to grips with the serious situation that is facing European media and to remind ourselves of the vital role that the media play in holding power to account."

Index and the other platform partners call for urgent scrutiny of action taken by governments to claim extraordinary powers related to freedom of expression and media freedom under emergency legislation that are not strictly necessary and proportionate in response to the pandemic. Uncontrolled and unlimited state of emergency laws are open to abuse and have already had a severe chilling effect on the ability of the media to report and scrutinise the actions of state authorities.

While the platform welcomes an increased focus on press freedom by European institutions,  including both the Council of Europe and European Union institutions, the ongoing crisis demands more urgent and stringent responses to protect media freedom and freedom of expression and information, and to support the financial sustainability of independent professional journalism. In the age of emergency rule, protecting the press as the watchdog of democracy cannot wait.[/vc_column_text][/vc_column][/vc_row]

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