Debate: The Commission’s reports on the situation of journalists and the implications of the rule of law
Date: WEDNESDAY, 14 DECEMBER 2022
Speaker: Johannes Hahn
Language: EN

Journalists continue to face threats and obstacles to their work, including physical attacks reported in Europe. Three hundred and eleven media freedom violations were recorded in the first six months of this year by the Media Freedom Rapid Response project. Verbal attacks, including harassment and threats, were the most common types of violation, followed by legal incidents and physical attacks. While private individuals remained the main source of attacks on journalists and media workers, police and state security and government and public officials were also sometimes behind these attacks. The challenge over the last few years was to deepen our analysis of the current media environment and to better understand the influence of the digital environment on media production, distribution and consumption. It’s for all these reasons and to answer these challenges that the Commission adopted the recommendation on the safety of journalists in September 2021 and proposed an anti-strategic lawsuit against public participation, better known as the so-called ‘SLAPP package’, in 2022 and, finally, the Media Freedom Act in September of this year. The recommendation provides a catalogue of practical measures that could be applied at the national level. While it does not include any legal obligations for Member States, its rationale is to propose a set of practical and operational voluntary steps that could be taken by them. In the anti-SLAPP package we tackle the use of lawsuits by abusive claimants in bad faith to silence and harass journalists and human rights defenders and not to gain access to justice. The Commission considers that the most efficient way to fight against SLAPP and prevent it from growing roots in the Union is a solid combination of legislation by way of a proposal for a directive and a recommendation. The recommendation is designed to build awareness and expertise among the targets of lawsuits, legal professionals and other groups. It will ensure that support is available for those facing punitive legal actions and promote a more systematic monitoring of SLAPP. The proposed directive provides for targeted civil procedural safeguards against SLAPP in cross-border situations and provides for a careful balance of fundamental rights. And, finally, the European Media Freedom Act complements this proposal. It will be an important cornerstone for safeguarding the integrity of the internal market for media services, bringing more legal certainty for providers and users of such services. The objective of the European Media Freedom Act is also to ensure that no journalist should be spied on for doing his or her work. In the same vein, the proposed rules clarify that journalists should not be prosecuted for protecting the confidentiality of their sources. Each Member State will have to appoint an independent authority to handle complaints by journalists. It’s very commendable that some Member States have taken or stepped up existing measures to improve the safety of journalists. For example, in France, the legislation recognises the role of journalists in demonstrations. A liaison committee between the Ministry of Home Affairs and the press enables permanent dialogue on safety in demonstrations. Increased threats and physical attacks have been frequently reported, and the government has recently agreed a memorandum of understanding on the protection of journalists. We also note that criminal trials continue in the cases of journalists murdered in the Union. In Malta, an alleged mastermind of the assassination of journalist Daphne Caruana Galizia has been indicted on charges of complicity in murder and criminal association and criminal proceedings are ongoing. In Slovakia, the trial related to the assassination of Ján Kuciak and his fiancée Martina Kusnirova is going on. In the Netherlands, the trial related to the murder of journalist Peter de Vries has started. And in Greece the murder of journalist Giorgos Karaivaz in April 2021 is under investigation. For these reasons, we address a series of recommendations to Greece, Croatia, Slovenia and Slovakia specifically on this issue in the rule of law report of this year. We will follow them when preparing the fourth rule of law report scheduled for July next year.