17 April 2020: Turkey: Rights groups call for release of all those arbitrarily detained, now at risk of COVID-19

December 30, 2020 • • disabled comments

“While we welcome any measures taken to alleviate overcrowding in Turkey’s prisons, the new measures unjustifiably exclude tens of thousands who are imprisoned for the peaceful exercise of their rights.”

This statement was originally published on article19.org on 17 April 2020.

In the early hours of Tuesday 14 April, the Turkish Parliament passed a law which will lead to the release of up to 90,000 prisoners. However, it excludes scores of journalists, human rights defenders, politicians, lawyers and others arbitrarily detained, pending trial or serving sentences, following unfair trials under Turkey’s overly broad anti-terrorism laws which facilitate incarceration for exercise of free speech.

While we welcome any measures taken to alleviate overcrowding in Turkey’s prisons, the new measures unjustifiably exclude tens of thousands who are imprisoned for the peaceful exercise of their rights. ARTICLE 19, Punto24 and the 22 undersigned organisations call on the Turkish authorities to take immediate steps to fulfill their human rights obligations by releasing all those arbitrarily detained for exercising their right to freedom of expression and help mitigate the threat caused by the Covid-19 public health pandemic

The adoption of the law, which is part of the government’s judicial reform strategy announced in 2019, was fast-tracked in light of the Covid-19 pandemic and the need to alleviate overcrowding in Turkey’s prisons. The new law comes into force as Turkey’s Justice Ministry has announced the death of three prisoners from Covid-19 on 13 April. The new law does not apply to individuals in pre-trial detention and also excludes anyone convicted of terrorism-related crimes, espionage or crimes against the intelligence services – laws which are frequently used to prosecute journalists, human rights defenders and others. This means many thousands of individuals whose only crime is the exercise of their right to freedom of expression are effectively excluded from release and are at increased risk of contracting the disease in prison.

Among them are Ahmet Altan, 70, who is awaiting appeal after being sentenced to 10.5 years in prison for “aiding a terrorist organization without being its member”, on the basis of his expression of political views, his previous role as editor of Taraf newspaper, and alleged contacts. It also includes businessman Osman Kavala, who has been in pre-trial detention for over two and a half years, currently on the charge of “espionage” and Kurdish politician Selahattin Demirtas, who has been in prison since November 2016 and whose release has been repeatedly blocked despite a European Court decision ordering it. Journalists Barış Terkoğlu, Barış Pehlivan, Hülya Kılınç, Murat Ağırel, Ferhat Çelik and Aydın Keser, were remanded in prison in March, on charges under the Law on National Intelligence Agency, in connection with their reporting on the death of an intelligence officer in Libya.

Turkey is subject to the authority of both the UN Subcommittee on Prevention of Torture and the European Committee on the Prevention on Torture who respectively have issued calls to “reduce prison populations and other detention populations, wherever possible” and said concerted efforts by all relevant authorities to resort to alternatives to deprivation of liberty “is imperative, in particular, in situations of overcrowding.”

We likewise urge the Turkish authorities to follow the advice of the World Health Organisation, which strongly recommends States give enhanced consideration to non-custodial measures at all stages of the administration of criminal justice, including at the pre-trial, trial and sentencing as well as post-sentencing stages. It also urges priority be given to conditional release, particularly for older persons, ill people, and others (including pregnant women) with specific risks related to Covid-19. The WHO has made it clear that without taking urgent measures in prisons to reduce the spread of the virus, efforts to control the spread of Covid-19 in the community are also likely to fail.

The Turkish courts frequently justify pre-trial detention on the grounds of flight risk or tampering with evidence. Given the closure of borders due to the pandemic, it is difficult to see what justification there is for holding individuals in pre-trial detention for lengthy periods in what is now an extremely high risk situation.

To protect the human rights of prisoners, including their right to life and health, and to protect the health of the public at large, the Turkish authorities should now enact immediate measures to release all those arbitrarily detained, whether in pre-trial detention or after conviction, particularly given many are vulnerable to Covid-19 due to their age or underlying health conditions. We urge the authorities to move now to prevent a humanitarian disaster. Failure to release those detained and imprisoned in unfair trials and on spurious charges, which would help reduce the spread of a deadly disease in detention, would show further alarming disregard for human rights by the Turkish government.

Signatories
ARTICLE 19
Punto24, Platform for Independent Journalism
Articolo21
Association of European Journalists (AEJ)
Cartoonists Rights Network International (CRNI)
Danish PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
German PEN
Human Rights Watch
Initiative for Freedom of Expression
Index on Censorship
International Press Institute (IPI)
International Federation of Journalists
Norwegian PEN
Osservatorio Balcani e Caucaso Transeuropa (OBCT)
PEN America
PEN International
PEN Turkey
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
Swedish PEN
Turkey Human Rights Litigation Support Project (TSLP)
WAN-IFRA / World Association of News Publishers

https://ifex.org/turkey-rights-groups-call-for-release-of-all-those-arbitrarily-detained-now-at-risk-of-covid-19/

5 May 2020: Government of Kyrgyzstan curbs freedom of expression and access to information amid COVID-19

December 30, 2020 • • disabled comments

While misinformation and disinformation are particularly harmful during this pandemic, the policy of censoring the opinions of social media users should instead be replaced by measures to ensure that media has access to information to provide comprehensive news to the public.

Dear President of the Kyrgyz Republic, Prime Minister of the Kyrgyz Republic, Speaker of the Kyrgyz Republic Parliament

Your Excellencies,

The undersigned members of IFEX, the global network promoting and defending freedom of expression, are writing to express our deep concern over the violation of constitutional rights of journalists, the media, and social media-users related to access to information and freedom of speech during the COVID-19 state of emergency in Kyrgyzstan.

On 22 March, at the proposal of the Security Council of the Kyrgyz Republic, Kyrgyzstan entered a state of emergency for a period of one month in an effort to combat the spread of COVID-19. On 24 March, the President of the Kyrgyz Republic, Jeenbekov S.Sh., signed a Decree on the introduction of a state of emergency in the territories of Bishkek, Osh, Jalal-Abad, Suzak, Nookat and Kara-Suu. The Decree stipulated that the regime be introduced “solely in the interests of protecting the life and health of citizens, their safety and public order, and also in order to prevent the spread of coronavirus infection to other territories of the Kyrgyz Republic.”On 14 April, the president signed a new Decree extending the state of emergency until 30 April.

While we are encouraged that the Bishkek Commandant’s Office recently reversed a previous decision to deny journalists accreditation during the state of emergency, several of the restrictions that remain in place still infringe upon the Constitution of the Kyrgyz Republic and fail to meet international standards for acceptable limitations on the right to freedom of expression and information. These restrictions include:

Lack of feedback between state bodies and the media due to the absence of open and accessible information briefings, which limits the rights of the public to freedom of information.

The abuse of Article 344 of the Criminal Code, “filing a false police report” to force social media users to apologize for spreading allegedly false information regarding COVID-19;

The introduction of Article 82.2, “Violation of Law and Order in an Emergency Situation, State of Emergency or Martial Law,” which provides liability for dissemination of false information without the qualifying signs of “aforethought” and “intent”.

Kyrgyzstan, like the rest of the world, is facing an unprecedented emergency situation. As a result, the importance of the media is clearer now more than ever. Society relies on journalists and the media community’s access to information during the state of emergency, so they can provide the public with timely and accurate information on developments and measures taken to combat the COVID-19 pandemic.

Recently, independent monitors on the right to freedom of expression for the UN and several regional bodies, including the Organization of Security and Cooperation in Europe, released a statement reminding governments about the crucial role of journalism at this time and stressed the need for states to make “exceptional efforts to protect the work of journalists”. In the same statement, they warn against measures that could criminalize online information related to the pandemic, except where these measures meet the tests of necessity and proportionality.

However, since the state of emergency has been implemented, journalists and independent media have lost access to press secretaries and decision makers, and have been unable to ask questions during briefings, while sections of the legal framework are being abused to police speech in a way that is overly broad and has already been misapplied to citizens that have been critical of the government’s response.

The government’s decision to provide information only in the format of briefings limits the rights of the media to seek and receive information, as journalists are deprived of the opportunity to ask questions that are important and relevant to the public. The State also lacks other mechanisms for monitoring the work of government bodies involved in combating the spread of the coronavirus, such as live broadcasts of their meetings. Questions sent to commandant offices are often ignored and decision makers unavailable, further preventing the media from carrying out their essential work.

Abuses of the legal framework could also have a chilling effect on expression for the general public and social media users in particular. Article 344 has already been misused to intimidate physicians and their relatives who express online opinions on the inadequacy of the provisions of personal protective equipment for physicians, while Article 82 risks restricting free speech further through arbitrary enforcement due to overly broad and imprecise language.

Thus, the emergency measures fail to meet international human rights standards including legitimacy, legality, proportionality and non-discrimination. In addition, they fail to create the enabling environment necessary for journalists to perform their public function during this crisis and risk being used as an excuse to censor or punish speech that is critical of the government’s response, or which contradicts government information. Limits on access to information are also a contradiction of Kyrgyzstan Constitutional Law, which does not mention emergency situations as a permissible excuse to restrict this right.

The state must prevent legislation from being abused to impede the right to freedom of opinion, guaranteed by the Constitution, and ensure that laws and emergency measures align with Kyrgyzstan’s constitutional and international obligations. While misinformation and disinformation are particularly pernicious during this pandemic, the policy of censoring the opinions of social media users should instead be replaced by measures to ensure that media has access to information to provide comprehensive news to the public, and that complaints voiced by citizens are addressed in an open and rights-respecting manner.

The Government’s active engagement with all media outlets, along with other policies of openness, will increase public confidence in the Government and its decisions, and will have a positive impact on citizens’ awareness of the current situation and the activities of government agencies.

Sincerely,

Signatories

Media Policy Institute
Public Association “Journalists”
Vigilance for Democracy and the Civic State
Free Media Movement
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa (MISA)
European Federation of Journalists (EFJ)
Center for Media Freedom and Responsibility (CMFR)
Pakistan Press Foundation
PEN America
ARTICLE 19
Media Watch
Association of Caribbean Media Workers
Initiative for Freedom of Expression – Turkey
Americans for Democracy & Human Rights in Bahrain (ADHRB)
South East Europe Media Organisation (SEEMO)
Center for Media Studies & Peace Building (CEMESP)
South East European Network for Professionalization of Media (SEENPM)
Pacific Islands News Association (PINA)
World Association of Community Radio Broadcasters (AMARC)
Committee to Protect Journalists (CPJ)
Media Foundation for West Africa (MFWA)
Cartoonists Rights Network International (CRNI)
PEN Norway
Reporters Without Borders (RSF)

https://ifex.org/government-of-kyrgyzstan-curbs-freedom-of-expression-and-access-to-information-amid-covid-19/

1 June 2020: Independent journalism and access to information threatened in the Philippines with the closure of ABS-CBN

December 30, 2020 • • disabled comments

Advocates of free press and expression call on the Philippines government to respect the public’s right to know and denounce the stifling of ABS-CBN, one of the largest media groups in the country.

This statement was published on IFJ on 2 June 2020.

Dear National Telecommunications Commission, the Supreme Court and the House of Representatives of the Republic of the Philippines,

We, the undersigned group of media unions, international press freedom advocacy groups and civil society organisations, denounce the Philippine government’s closure of the country’s largest broadcaster, ABS-CBN, and the failure of the Philippine Congress to do its duty and act on the renewal of the network’s franchise.

It is unfortunate that as the world grapples with the Covid-19 pandemic, the government has also moved to further restrict media freedom, hamper journalists from pursuing relevant news, and intimidate those critical of the state and its agencies, at a time when information can mean life and death to people coping not just with the pandemic but other crises as well.

Nothing illustrates this better than the service of a “cease and desist” order by the National Telecommunications Commission on May 5, a day after its franchise expired following years of congressional inaction on bills urging for its renewal.

Defenders of the ABS-CBN network’s closure have been quick to point out that it has continued to broadcast the news online, despite its removal from all other mediums. But the fact remains that in many areas in the country the internet is inaccessible or connections are poor. We remind that the ABS-CBN free channel serves as the people’s only constant source of news from the nation and the world. These citizens are now in the dark.

In many more regions in the archipelago, where the economic downturn has forced the demise of at least half of the country’s community newspapers, the loss of the network’s content has left people with fewer independent news sources, leaving them more vulnerable to misinformation, disinformation and political propaganda.

The closure of this major media enterprise, at this or any other time, defies good sense and democratic values. It also violates the principle of equal protection under the law with other networks in the country allowed to operate after their franchises lapsed as Congress deliberated on their renewal.

While the House of Representatives has passed on a second reading of a bill granting the network a provisional franchise valid till October of 2020, it is, at best, a feeble half measure that reflects how little legislators value a free and independent media. An indefinite extension until Congress completes what it is mandated to do is critical.

President Rodrigo Duterte’s repeated threats to block the renewal of the network’s franchise, as part of his administration’s assault against an independent and critical media, is well documented since at least 2017. This animosity has driven a legal offensive against the independent news organisation Rappler and its CEO Maria Ressa; has pushed the Philippine Daily Inquirer to the brink of a sellout; and has led to constant harassment by government and its supporters against journalists who question the administration’s agenda and narrative.

Given this context, it is little surprise that the Congress has also to date failed to review the network’s application for franchise renewal, or that the Solicitor General threatened graft charges against the National Telecommunications Commission if it granted ABS-CBN a provisional permit to operate as it had promised the Senate.

We support the continuation of a strong and vibrant Philippine media, which has proven its huge value to broader society, both acting independently as well as in conjunction with government efforts during times of disaster. That same media provides the disenfranchised a voice to speak truth to power and stand up for the rights of the marginalized.

ABS-CBN, in its petition for certiorari filed on May 7 before the Supreme Court, said the cease and desist order against its operations is a clear curtailment of the freedom of speech and the press. People in the Philippines and around the world are backing a growing call to return the network to air.

During the coronavirus pandemic, free access to information, entertainment, and public service broadcasting must be made available. Our appeal to bring ABS-CBN back on air upholds the peoples’ right to information from which press freedom emanates.

We, the undersigned stand in solidarity with them in resisting all attempts to curtail press freedom in the Philippines and repress its people’s free expression and call for the following:

For the National Telecommunications Commission to withdraw the cease and desist order against ABS-CBN, which remains a disservice to the Filipino people, especially at this time of crisis;

For the Supreme Court to uphold press freedom and to urgently grant the temporary restraining order for the ABS-CBN units to go back on air to continue serving the public amid the coronavirus pandemic;

For the House of Representative to grant ABS-CBN a fresh 25-year franchise. Eleven bills seeking its renewal are now pending and are waiting to be heard.

Sincerely,

Americans for Democracy & Human Rights in Bahrain (ADHRB)
Afghanistan Journalists Center (AFJC)
Aliansi Jurnalis Independen/Alliance of Independent Journalists (AJI)
World Association of Community Radio Broadcasters (AMARC)
ARTICLE 19
Bytes for All (B4A)
Cambodian Center for Human Rights (CCHR)
Center for Media Studies & Peace Building (CEMESP)
Center for Media Freedom and Responsibility (CMFR)
Cartoonists Rights Network International (CRNI)
Foundation for Press Freedom – FLIP
Free Media Movement
Federation of Nepali Journalists (FNJ)
Free Press Unlimited (FPU)
Freedom of Expression Institute (FXI)
Hong Kong Journalists Association
Initiative for Freedom of Expression – Turkey
Independent Journalism Center (IJC)
Index on Censorship
International Press Institute (IPI)
Palestinian Center for Development and Media Freedoms (MADA)
Media, Entertainment and Arts Alliance
Media Watch
Metamorphosis, Foundation for Internet and Society
Media Institute of Southern Africa (MISA)
PEN Norway
PEN America
PEN International
Pacific Islands News Association (PINA)
Pakistan Press Foundation
South East Europe Media Organisation (SEEMO)
SFLC.in
World Association of Newspapers and News Publishers
AccessNow
Alliance for Journalists’ Freedom
Asia Democracy Network (ADN)
Asociacion Nacional De Periodistas Del Peru
Association for International Broadcasting (AIB)
Association of Taiwan Journalists
Cambodian Association for the Protection of Journalists
E tū Inc
El Sindicato de Trabajadores de la Industria de la Prensa y Similares de Honduras (SITIMPRES)
Federação Nacional dos Jornalistas (FENAJ)
Federation of Equal Journalists Kazakhstan
Federation of Media Employees Trade Unions (FMETU)
Federation of Media Employees’ Trade Unions
Fédération syndicale des travailleurs de la Communication (FESYTRAC) du Congo Brazzaville.
FORUM-ASIA
General Association of Belgian Professional Journalists (AGJPB-AVBB)
General Association of Belgian professionnal journalists (AGJPB-AVBB)
Ghana Journalists Association (GJA)
Global Forum for Media Development (GFMD)
Human Rights Watch Indonesia
Indian Journalists’ Union
Journalist Association of Bhutan
Journalists’ Association of Korea
Karachi Union of Journalists
L’Union Nationale des Journalistes du Mali (UNAJOM)
Macau Portuguese and English Press Association (AIPIM)
Media Association Vanuatu
Myanmar Journalist Association (MJA)
National Union of Journalists (India)
National Union of Journalists (Nepal)
National Union of Journalists of the Philippines
Nepal Press Union
Pakistan Federal Union of Journalists
Pantau Foundation
Public Media Alliance (PMA)
Sri Lanka Working Journalists Association
Syndicom, Switzerland

https://ifex.org/closure-of-abs-cbn/

11 June 2020: International groups call on Trump to speak up for press freedom

December 30, 2020 • • disabled comments

72 journalist and press freedom organisations have joined together to call on President Trump to commend, rather than condemn, the media and ensure their protection from the unprecedented attacks they have faced while reporting on nation-wide protests demanding social and racial justice, particularly for Black communities.

Dear President Trump,

We are writing to you as journalists, press freedom organizations, and industry groups to express our deep dismay at the recent violence perpetrated against journalists in the United States as they have sought to report on mass protests across the country. We urge you to speak out forcefully against these attacks and in support of the rights of journalists to report freely, as guaranteed by the First Amendment of the U.S. Constitution.

The United States’ history of protecting free expression and defending and protecting the rights of journalists is much admired beyond U.S. borders. This is borne out of a recognition that journalists serve as independent monitors of social and political developments, and are essential to democracy, transparency, and accountability.

Attacks on journalists in the U.S. threaten to undermine this commitment. The U.S. Press Freedom Tracker has received reports of at least 320 violations of press freedom across the country since protests demanding an end to police brutality and calling for social justice broke out on May 26. It is vital that state and local government officials take steps to ensure such violations never happen again, and that the perpetrators are held to account.

We call on you to send a clear and unambiguous message across the country and around the world about the importance of the press freedom and work of the press. Local leaders need to hear unambiguously from you that they have a responsibility to fully investigate these attacks, protect journalists, and ensure that they can work unobstructed and without fear of injury or reprisal.

Press freedom in the United States is critical to people around the world. Thousands of foreign correspondents are based in Washington D.C. and throughout the U.S., where they are tasked with telling the story of America to their publics back home. The ability of journalists to work freely in the U.S. creates a more enlightened global citizenry.

What happens in the United States also has repercussions for journalists around the world, including American correspondents. When the U.S. backslides it sends a green light to authoritarian-leaning leaders around the world to restrict the press and the free flow of information.

Authoritarian regimes in China, Iran, and Turkey have already opportunistically spoken out about the heavy-handed police tactics used here, using the crackdown on the press in this country to legitimize their own repression of independent journalism.

Instead of condemning journalists and the media, we urge you to commend and celebrate them as the embodiment of the First Amendment, which is the envy of so many countries around the world.

Sincerely,

Afghanistan Journalists Center (AFJC)
Aliansi Jurnalis Independen/Alliance of Independent Journalists (AJI)
Americans for Democracy & Human Rights in Bahrain (ADHRB)
ARTICLE 19
Brazilian Association for Investigative Journalism
Bytes for All (B4A)
Cairo Institute for Human Rights Studies (CIHRS)
Cambodian Center for Human Rights (CCHR)
Cartoonists Rights Network International (CRNI)
Center for Independent Journalism – Romania
Center for Media Studies & Peace Building (CEMESP)
Committee to Protect Journalists (CPJ)
Foundation for Press Freedom – FLIP
Free Media Movement
Free Press Unlimited (FPU)
Freedom of Expression Institute (FXI)
Global Voices Advox
Hong Kong Journalists Association
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
Instituto Prensa y Sociedad de Venezuela
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Media Institute of Southern Africa (MISA)
Media Matters for Democracy
Media Watch
Media, Entertainment and Arts Alliance
Metamorphosis, Foundation for Internet and Society
PEN Norway
Pacific Islands News Association (PINA)
Pakistan Press Foundation
World Association of Community Radio Broadcasters (AMARC)
World Association of Newspapers and News Publishers
South East European Network for Professionalization of Media (SEENPM)
South East Europe Media Organisation (SEEMO)
Ad IDEM/Canadian Media Lawyers Association
Palestinian Center for Development and Media Freedoms (MADA)
Reporters Without Borders (RSF)
Social Media Exchange (SMEX)
PEN America
PEN International
Media Foundation for West Africa (MFWA)
Samir Kassir Foundation – SKeyes Center for Media and Cultural Freedom
Press Union of Liberia
Rory Peck Trust
INSI – international News Safety Institute
Somali Media Women Association (SOMWA).
Association for International Broadcasting
SembraMedia
Rural Media Network Pakistan
International Women’s Media Foundation
Internews
Fundación Gabo (Gabriel García Márquez Foundation)
Centre for Law and Democracy
Institute for Regional Media and Information
Global Forum for Media Development (GFMD)
DW Akademie
International Center for Journalists (ICFJ)
Arab Reporters for Investigative Journalism (ARIJ)
International Media Development Advisers (IMDA)
Bangladesh NGOs Network for Radio and Communication
Newsgain
Community Media Forum Europe (CMFE)
Media Focus International (MFI)
International Media Support (IMS)
Acclaim Nigeria Magazine (ANM)
Pulitzer Center on Crisis Reporting
Organized Crime and Corruption Reporting Project (OCCRP)
Global Investigative Journalism Network (GIJN)
Project Syndicate

https://ifex.org/international-groups-call-on-trump-to-speak-up-for-press-freedom/

16 June 2020: Kurdish journalist Nedim Türfent passes 1,500 days behind bars in Turkey

December 30, 2020 • • disabled comments

Türfent was detained in May 2016 after reporting on Turkish special police forces’ ill-treatment of Turkish and Kurdish workers. Despite 19 witnesses saying that their statements against Türfent were obtained under torture, he was sentenced to eight years and nine months in prison on charges of “membership of a terrorist organisation”.

This statement was originally published on pen-international.org on 15 June 2020.

Today, the International Press Institute (IPI), PEN International, Media and Law Studies Association (MLSA) and 43 undersigned organisations mark the 1,500th day of Kurdish journalist Nedim Türfent’s imprisonment with a renewed call for his immediate and unconditional release.

Türfent, who was predominantly reporting on the Kurdish issues, was detained on May 12, 2016, shortly after reporting on Turkish special police forces’ ill-treatment of around 40 Turkish and Kurdish workers. They were handcuffed behind their backs before being forced to lie on the ground in the south-eastern city of Hakkari in Spring 2016. In video footage taken by Türfent and published by the now-shuttered pro-Kurdish Dicle News Agency, a police officer was seen shouting to the workers: “You will see the power of Turks! What did this state do to you?” apparently alleging that the workers have links to the outlawed Kurdistan Workers Party (PKK).

Right after the release of the footage, Türfent began receiving death threats from the police in the form of funeral photos. An online harassment campaign was launched against him in April 2016 including death threats and insults and anonymous or bot accounts asking about his whereabouts.

One day after his arrest on May 13, 2016, Türfent was charged with “membership of a terrorist organization”. The indictment was first produced 13 months after his arrest, at the first hearing on June 14, 2017. By that time, Türfent had already been jailed for 399 days.

Of the 20 witnesses called in the ensuing trial, 19 said that their initial statements against Türfent had been obtained under torture. Yet the court sentenced him to eight years and nine months in prison in December 2017. The judicial proceedings were quick by Turkish standards and amounted to a show trial intended to punish Türfent immediately for his truth-telling journalism. Türfent was denied the right to attend his own trial in person, one of many fair trial violations. On May 21, 2019, Turkey’s Supreme Court of Cassation upheld his sentence. His case is now pending before the European Court of Human Rights.

June 21 marks 1,500 days that Türfent has spent behind bars, deprived of his freedom and the right to practice his profession – journalism. Imprisoning journalists has long since become the preferred shortcut of Turkey’s authorities to punish news they find “disturbing”. Show trials of journalists under the “anti-terror law” and continued repression of especially pro-Kurdish media outlets created an immense pressure and chilling effect on the journalists who report from the Kurdish-populated areas in Turkey.

We call on Turkish authorities once again to stop this injustice.

Salil Tripathi, Chair of PEN International’s Writers in Prison Committee said: “Nedim Türfent should never have been detained in the first place, yet today we mark his 1500th day behind bars in this gross miscarriage of justice. Evidently, he is imprisoned for simply doing his job as a journalist, and he must be released, unconditionally and without delay.”

IPI Deputy Director Scott Griffen said: “For the ‘crime’ of doing journalism, Nedim Türfent has now spent 1,500 days in prison. He has been harassed, targeted, threatened and deprived of his freedom. Turkey must end this injustice and release Nedim immediately as well as all other journalists in Turkey jailed for doing their jobs.”

MLSA co-director and Türfent’s lawyer Veysel Ok said: “Nedim Türfent was detained, subjected to torture and prosecuted as a result of his reporting on the repression of the Kurdish community. Tens of witnesses were forced to testify against him. These witnesses stated that their initial testimonies were given under torture. Despite the subsequent withdrawal of their statements, the court sentenced Nedim to eight years and nine months in prison based on the initial witness statements. Nedim has been imprisoned for 1500 days for his journalism for which he should have been rewarded. We call on the ECtHR to give priority status to his application to review his case and rule on the violation of his rights. We also call on the government of Turkey to put an immediate end to this injustice. Nedim’s story is the Kurdish journalists’ story in Turkey. Therefore, we expect a long chain of solidarity to be established for Kurdish journalists in Turkey.”

The undersigned organizations call for an action to sign on to this statement. Show solidarity with Nedim by sending him your support messages so he knows that he is not alone in this injustice. MLSA has also published a poetry book by Nedim which is now available for free online.

Sign this letter, spread his work and show support.*

Uluslararası Basın Enstitüsü (IPI), Medya ve Hukuk Çalışmaları Derneği (MLSA) ve Uluslararası PEN aşağıda imzası bulunan 42 kurum, Kürt gazeteci Nedim Türfent’in cezaevinde geçirdiği 1500 güne dikkat çekmek için bugün ortak bir kampanya ile Türfent’in serbest bırakılması çağrısını yineliyor.

Ağırlıklı olarak Kürtlerin uğradığı baskı ve ayrımcılık üzerine haber yapan Nedim, Nisan 2016’da Hakkari’nin Yüksekova ilçesinde Özel Hareket Timleri tarafından 40’ın üzerinde Türk ve Kürt işçinin ters kelepçelenerek yere yatırıldığı görüntüleri paylaştıktan kısa süre sonra 12 Mayıs 2016’da gözaltına alındı. Nedim’in kapatılan Dicle Haber Ajansı’nda yayımlanan bu haberinde Özel Hareket Timinin işçilere “Ne yaptı lan size bu devlet… Türk’ün gücünü göreceksiniz…” diye bağırdığı görüntülendi.

Görüntüler yayımlandıktan hemen sonra, Nedim polisten cenaze fotoğrafları şeklinde ölüm tehditleri aldı. Ardından Nisan ayında bir online taciz kampanyası başlatılarak Nedim’e ölüm tehditleri, hakaretler ve sahte hesaplardan nerede olduğunu soran mesajlar gönderildi.

Gözaltına alındıktan bir gün sonra, 13 Mayıs 2016’da “terör örgütüne üye olmak” suçu gerekçe gösterilerek tutuklandı. İddianame tutukluluğundan 13 ay sonra düzenlendi, 14 Haziran 2017’de ilk duruşması görüldüğünde Nedim 399 gündür hapisteydi.

Aleyhine konuşan 20 sanıktan 19’u alınan ilk ifadelerini işkence altında verdiklerini söyleyerek duruşmalarda ifadelerini geri çektiler. Ancak mahkeme bu beyanları hiçe sayarak ilk tanık ifadeleri üzerinden Nedim’i Aralık 2017’de 8 yıl 9 ay hapis cezasına mahkûm etti. Yargılama süresi Türk yargı standartlarına göre hızlıydı ve Nedim’in gerçekleri açığa çıkaran haberciliğini cezalandırma niyetiyle düzmece bir dava süreci yaşandı. Nedim, yargılama sırasındaki pek çok ihlalden biri olan duruşmalara fiziken katılma hakkından da mahrum bırakıldı. 21 Mayıs 2019 tarihinde ise cezası Yargıtay tarafından onandı. Nedim’in Avrupa İnsan Hakları Mahkemesi’ne yaptığı bireysel başvuru ise değerlendirilmeyi bekliyor.

21 Haziran, Nedim’in parmaklıklar ardından geçirdiği tam 1500. gün. Bu 1500 gün boyunca Nedim özgürlüğünden ve mesleği gazeteciliği icra etmekten mahrum bırakıldı. Türkiye hükümeti yetkilileri, “rahatsız edici” buldukları haberleri cezalandırmak için gazetecileri tutuklama pratiğini uzun süredir kullanıyor. Terörle Mücadele Kanunu kapsamında adil yargılanma hakkını hiçe sayarak yapılan gazeteci yargılamaları ve özellikle Kürt medyasına karşı devam eden baskılar, Türkiye’de Kürt toplumunun sorunlarını haberleştiren gazeteciler için büyük bir caydırıcı etki yaratıyor.

Türkiye hükümetine bir kez daha bu adaletsizliği durdurması için çağrı yapıyoruz.

Uluslararası PEN Tutuklu Yazarlar Komitesi Başkanı Salil Tripathi: “Nedim Türfent en başta hiç tutuklanmamalıydı ancak bugün bu büyük adaletsizliğin gölgesinde parmaklıklar ardındaki 1500. gününe vurgu yapıyoruz. Nedim besbelli bir gazeteci olarak işini yaptığı için tutuklu ve koşulsuz ve ertelenmeden salıverilmeli.”

IPI Direktör Yardımcısı Scott Griffen: “Nedim Türfent, ‘gazetecilik suçundan’ tam 1500 gündür tutuklu. Tüm bu süreç boyunca taciz, hedef gösterme, tehdide maruz kaldı ve özgürlüğünden mahrum bırakıldı. Türkiye bu adaletsizliğe bir son vererek Nedim ve işini yaptığı için tutuklanan tüm diğer gazetecileri derhal serbest bırakmalı.”

MLSA Eş Direktörü ve Nedim’in savunmanlığını üstlenen avukat Veysel Ok: “Nedim Türfent, Kürt toplumunun uğradığı baskıyı haberleştirdiği ve bunu görünür kıldığı için işkence edilerek gözaltına alındı ve tutuklandı. Onlarca tanık, baskı ile aleyhinde ifade verdi. Bu tanıklar, duruşmalarda işkence altında ifadelerini verdiklerini ifade ettiler fakat mahkeme buna rağmen tanıkların işkence altında verdiği ifadeleri dikkate alarak Nedim’e 8 yıl 9 ay yıl ceza verdi. Nedim, yaptığı haber nedeniyle ödüllendirilmesi gerekirken 1500 gündür cezaevinde tutuluyor. Bizim AİHM’e çağrımız, Nedim’in davasını öncelikli şekilde incelenmesi ve hak ihlali kararı verilmesi yönünde. Türkiye hükümetinin ise bu haksızlığı, hukuksuzluğu derhal ortadan kaldırılmasını istiyoruz. Nedim’in hikâyesi Türkiye’deki Kürt gazetecilerin hikâyesidir. Bu anlamda Türkiye’deki Kürt gazeteciler için çok geniş bir dayanışmanın örülmesini bekliyoruz.”

Aşağıda imzası bulunan kurumlar harekete geçmeniz ve bu mektubu imzalamanız için çağrıda bulunuyor. Nedim’e destek mesajlarınızı da form üzerinden paylaşabilir, bu adaletsizlik karşısında yalnız olmadığını gösterebilirsiniz. Nedim’in MLSA tarafından yayımlanan şiir kitabına buradanücretsiz olarak ulaşabilirsiniz.

Bu mektubu imzalayın, Nedim’in şiirlerini paylaşın ve desteğinizi gösterin!

İmzalayanlar:

Signed by:
International Press Institute (IPI)
PEN International
ARTICLE 19
Freedom House
Index on Censorship
PEN Norway
South East Europe Media Organisation (SEEMO)
P24 Platform for Independent Journalism
PEN America
Media and Law Studies Association (MLSA) / Medya ve Hukuk Çalışmaları Derneği
Articolo 21
French PEN
German PEN
English PEN
European Centre for Press and Media Freedom (ECPMF)
PEN Turkey
Swedish PEN
Wales PEN Cymru
Danish PEN
Georgia PEN
Lithuanian PEN
PEN Ukraine
Scottish PEN
PEN Eritrea
PEN Netherlands
Uganda PEN
Icelandic PEN
San Miguel de Allende PEN
Moscow PEN
Independent Chinese PEN Centre
PEN Québec
New Zealand Society of Authors Te Puni Kaituhi o Aotearoa (PEN NZ) Inc
PEN Nicaragua
St Petersburg PEN
Swiss-German PEN
Kurdish PEN
PEN Suisse Romand
PEN Center for German Language Writers Abroad
Romanian PEN
PEN Belgium/Flanders
Confederation of Progressive Trade Unions of Turkey – Turkish Press, Broadcasting and Printer Workers’ Union
Press in Arrest
Human Rights Foundation of Turkey
Life Memory Freedom Association
Osservatorio Balcani e Caucaso Transeuropa (OBCT)
Latvia PEN

https://ifex.org/kurdish-journalist-nedim-turfent-passes-1500-days-behind-bars-in-turkey/

20 June 2020: Rights groups protest Turkish ban on radio station ‘Özgürüz’ and ongoing harassment of Can Dündar

December 30, 2020 • • disabled comments

On 16 June, a Turkish court banned access to ‘Özgürüz’, which is headed by exiled journalist Can Dündar. Dündar has been subjected to judicial harassment since 2015, with several criminal procedures on-going.

This statement was originally published on pen-international.org on 19 June 2020.

PEN International and 38 civil society organisations deplore the decision by a Turkish court to ban access to Germany-based online radio station Özgürüz (‘We Are Free’), which is headed by Can Dündar. We call on the Turkish authorities to reverse the decision, to stop the harassment of Dündar and to reform the country’s laws and judicial practice so that internet freedom can be guaranteed.

On 16 June, the Ankara 4th Criminal Court of the Peace banned access to the station and its website ozguruz20.org at the request of the Radio and Television Supreme Council (Radyo ve Televizyon Üst Kurulu, RTÜK), which apparently argued that the station was streaming radio illegally and reporting and streaming content against Turkey. RTÜK in an unofficial statement calls Dündar a ‘fugitive FETÖ suspect’ and refers to his trial over disclosing state documents and information and obtaining secret information for the purpose of espionage, although the latter charge was dismissed.

Dündar, a former editor-in-chief of Cumhuriyet newspaper, said in response: ‘The Government, especially in the recent period, has taken control of information sources like the Turkish Statistical Institute and a huge portion of the news media; however it could not oversee media organisations like Özgürüz Radyo streaming freely from exile.’ He also announced that the radio will continue to broadcast on ozguruz21.org.

Internet freedom in Turkey is under sustained attack from the government and the routine unlawful blocking of websites, where this is not strictly necessary and proportionate to a legitimate objective, encroaches on the already limited space for independent media and dissenting voices.

Dündar has been the victim of judicial harassment by the Turkish authorities since 2015, with several criminal procedures on-going. He was detained between 26 November 2015 and 26 February 2016, and has been living in exile in Germany since December 2016. Özgürüz has been repeatedly blocked by the Turkish authorities in the past, including in January 2017, before it had started publishing news.

Signed:
PEN International
ARTICLE 19
Freedom House
Index on Censorship
International Federation of Journalists (IFJ)
International Press Institute (IPI)
PEN Norway
PEN Canada
South East Europe Media Organisation (SEEMO)
Albanian PEN
Articolo 21
Association of European Journalists
English PEN
Estonian PEN
European Centre for Press and Media Freedom (ECPMF)
German PEN
Hungarian PEN
Independent Chinese PEN Centre
Irish PEN / Freedom to Write Campaign
Japan PEN Club
Latvia PEN
Osservatorio Balcani e Caucaso Transeuropa (OBCT)
PEN Centre of Bosnia and Herzegovina
PEN Eritrea
PEN Lebanon
PEN Melbourne
PEN Québec
PEN Suisse Romand
PEN Turkey
PEN Uganda
PEN Venezuela
PEN Vietnam
Romanian PEN
San Miguel PEN
Scottish PEN
Swedish PEN
Swiss-German PEN
Trieste PEN
Wales PEN Cymru

https://ifex.org/rights-groups-protest-turkish-ban-on-radio-station-o%cc%88zgu%cc%88ru%cc%88z-and-ongoing-harassment-of-can-du%cc%88ndar/

9 July 2020: Joint statement in support of the mandate of the OSCE Representative on Freedom of the Media

December 30, 2020 • • disabled comments

The Governments of Azerbaijan and Tajikistan and all OSCE participating States are urged to uphold their international commitments and to support the renewal of the mandate of Mr Harlem Désir, OSCE Representative on Freedom of the Media (RFOM), before it expires on 19 July.

This statement was originally published on article19.org on 9 July 2020.

We, the undersigned organisations, are deeply concerned by the decision of the representatives of Azerbaijan and Tajikistan to block the renewal of the mandate of Harlem Désir, OSCE Representative on Freedom of the Media (RFOM).

We respect the need for a consensus vote of all member states of the OSCE on the mandate renewal as an important commitment of all OSCE participating States to abide by their commitments to freedom of expression and free media. We understand the move by Azerbaijan and Tajikistan is an attempt to weaken the essential watchdog function of the mandate.

Our organisations have worked closely with current and past RFOMs over the years and supported them in promoting media freedom in the OSCE region. We are looking forward to further collaboration with the mandate which was due to be renewed on 19 July.

The RFOM is a critical institution in safeguarding and promoting media freedom across the OSCE region. In particular, we value assistance that the RFOM provided to the OSCE participating States on relevant issues related to the promotion and protection of the media and freedom of expression and in shaping their policies and legislation in line with international standards and OSCE commitments. We also highlight crucial support that the mandate has been providing to journalists and media organisations and to our own organisations’ mission in defending and promoting press freedom within the OSCE region and beyond.

As the COVID-19 pandemic showed, ensuring media freedom is more important now than ever. We believe that the renewal of his mandate is an important opportunity for OSCE participating States to confirm their commitment to media freedom at a time when it is threatened and pledge further support towards this important mandate.

Therefore, we urge the Governments of Azerbaijan and Tajikistan and all OSCE participating States to uphold their international commitments and to support the renewal of the mandate of Mr Désir before it expires on 19 July.

Signed by:
Albanian Media Institute
ARTICLE 19
Belarusian Association of Journalists
Center for Independent Journalism – Romania
Committee to Protect Journalists (CPJ)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
Freedom House
Globe International Center
Hungarian Civil Liberties Union
Index on Censorship
Initiative for Freedom of Expression – Turkey
International Federation of Journalists (IFJ)
International Press Institute (IPI)
Metamorphosis, Foundation for Internet and Society
PEN Norway
P24 Platform for Independent Journalism
PEN America
PEN International
Palestinian Center for Development and Media Freedoms (MADA)
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
South East European Network for Professionalization of Media (SEENPM)
World Association of Newspapers and News Publishers
European Centre for Press and Media Freedom (ECPMF)
Global Forum for Media Development (GFMD)
International Media Support (IMS)
Osservatorio Balcani e Caucaso Transeuropa (OBCT)
Ossigeno
Rory Peck Trust
The Daphne Caruana Galizia Foundation

https://ifex.org/statement-in-support-of-the-mandate-of-the-osce-representative-on-freedom-of-the-media/

14 July 2020: EBU SEEMO EFJ – Slovenia

December 30, 2020 • • disabled comments

The European Broadcasting Union (EBU), the European Federation of Journalists (EFJ), and the South East Europe Media Organisation (SEEMO) are concerned by the proposed changes to the funding of public service media in Slovenia and the extremely short period of five days envisaged for public discussions.

The proposed Law on amendments to the Slovenia Radio and Television Act drastically reduces finances for Slovenian public service and marginalises its role in the future. Changes are also being proposed to the Mass Media Act and the Slovenia Press Agency Act.

RTVSLO has already been facing financial challenges with the current licence fee, which has not been changed since 2012, while the content and platform demands have been constantly increasing. The suggested changes to the funding of RTVSLO will result in a significant decrease of RTVSLO’s budget of around EURO 13 million. This will jeopardize and greatly challenge the fulfilment of public service media’s remit which, as defined by the Law, has to serve all segments of society to inform, educate and entertain.

EBU Director General Noel Curran says: “We are profoundly concerned about the future of public service broadcasting in Slovenia. We have written to the Slovenian authorities today to raise our concerns and ask them to provide more time for proper public discussion of the changes to funding to ensure all views can be heard.

“RTVSLO is an important democratic institution which significantly contributes to democracy. It should be guaranteed adequate, stable and predictable funding to help it fulfil its important remit to society.”

EFJ Director Renate Schroeder said: “The independence of RTVSLO is at great risk if this draft law is implemented without amendments. The Slovenian public deserves better. Public service media is there to broadcast for the public, be financed and controlled by the public. The COVID-19 pandemic has shown once more what a critical role it has and how trust improves when working within an independent professional framework.”

Oliver Vujovic, Secretary General of SEEMO said: “In these hard times we need more than ever a well-funded, independent and strong public broadcasting service in Slovenia. We need an open public discussion according to international standards, and all important stakeholders who may be affected with the change should have their say in the process.”

EBU, EFJ and SEEMO urge the Slovenian government to prolong the time for a public debate and ensure appropriate funding of RTVSLO which will allow the broadcaster to serve its mission in society and remain independent of political influence.

16 July 2020: Government asked to enact Cybersecurity and Data Protection Bill in line with continental benchmarks

December 30, 2020 • • disabled comments

Human rights groups worldwide highlight that the bill in its current form does not meet international standards on protecting privacy and personal data

This statement was published on MISA Zimbabwe on 16 July 2020.

Dear Speaker of Parliament, Hon Advocate Jacob Mudenda,

The undersigned group of civil society organisations who work to promote and defend freedom of expression and information as a fundamental right worldwide, are writing to express our concern over the gazetted Zimbabwean Cybersecurity and Data Protection Bill.

While the government has taken a bold step in developing a Bill that establishes a regulatory framework for the ICT sector, the merging of cybersecurity and data protection into a single piece of legislation will make it challenging to strike a strategic balance between security concerns and digital rights. In its current form, the proposed Bill has a number of significant shortcomings that do not meet international standards on protecting privacy and personal data, and, therefore, risk undermining the purpose and scope of the law.

One such issue, is the lack of clearly defined circumstances and procedures for the use of forensic tools like key stroke logger, which is being permitted by this legislation and poses a high risk of infringement on the right to privacy. A key stroke logger is an investigative tool or software that permits the user to remotely access data, monitor and record computer activities of another person. Furthermore, the Bill does not provide for judicial oversight or other accountability measures for monitoring and reviewing potential abuses of such intrusive technologies. In addition, we stress that the Bill should place an emphasis on prioritizing less intrusive methods of gathering evidence as a way to avoid the use of excessive investigative methods. This is especially crucial given the lack of specific safeguards to protect whistleblowers, which should also be incorporated to prevent this legislation from being used to target individuals leaking information of public interest.

Whilst the Bill establishes a management framework through the Cybersecurity Centre and Data Protection Authority, the oversight mechanism lacks independence, given that this regulatory role is given to the Postal and Telecommunications Regulatory Authority of Zimbabwe, which would report directly to the Executive. Instead, there is a crucial need for an independent data protection authority that is answerable to parliament, with its appointment processes publicly conducted – as is the case in other jurisdictions and according to best practice. This will serve to minimize the potential for Executive abuse.

Finally, the rights of data subjects should be clearly defined, listed and reinforced. Provisions outlining the handling of individual’s data need to include specific procedures for the timely reporting of security breaches. At the same time, those that allow for the processing of personal data in the name of national security or the public interest must be provided for by law with a clear explanation of what constitutes ‘national security’ and the ‘public interest’. In this regard, other vaguely worded offences related to electronic communications and material have the potential of promoting self-censorship and infringing on free expression, and should be struck down or reconstituted to align with international standards and the Constitution.

The country’s internet regulatory framework and digital security laws must be democratic and serve to protect and enable the enjoyment of citizens’ rights to communication, access to information and free expression in a secure environment, both online and offline. A number of international standards and best practices have been developed and endorsed by governments. African regional standards that can be drawn on to inform Zimbabwe’s proposed bill include, the SADC Model Law on Computer Crime and Cybercrime, SADC Model Law on Data Protection, the African Convention on Cybersecurity and Data Protection, and the African Declaration on Internet Rights and Freedoms.

The equal prioritisation and balancing of cybersecurity with data protection, privacy and interrelated fundamental rights is essential, and it is therefore imperative to ensure that the proposed law is unbundled into two standalone laws, in conformity with both the Constitution and international legal frameworks.

Sincerely,

Africa Freedom of Information Centre (AFIC)
Association pour le Developpement Integré et la Solidarité Interactive (ADISI-Cameroun)
Center for Media Studies & Peace Building (CEMESP)
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Electronic Frontier Foundation (EFF)
Freedom Forum
Freedom of Expression Institute (FXI)
Free Media Movement
Fundamedios – Andean Foundation for Media Observation and Study
Globe International Center
Index on Censorship
International Press Centre (IPC)
Media Foundation for West Africa (MFWA)
Media Rights Agenda (MRA)
OpenMedia
PEN America
PEN International
Privacy International
Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)
World Association of Community Radio Broadcasters (AMARC)

https://ifex.org/government-asked-to-enact-cybersecurity-and-data-protection-bill-in-line-with-continental-benchmarks/

17 September 2020: Rights groups raise concerns as Albania looks to push ahead with controversial ‘anti-defamation law’

December 29, 2020 • • disabled comments

The proposed amendments could have a chilling effect on the right to freedom of expression online and also restrict Albanian citizens’ right to access to information.

This statement was originally published on ipi.media on 16 September 2020.

The International Press Institute (IPI) today joined partners in the Media Freedom Rapid Response (MFRR) in sending a letter to political leaders in Albania raising concerns over the ruling Socialist Party’s apparent plans to push ahead with a controversial package of online media laws without implementing changes suggested by the Council of Europe’s Venice Commission.

The letter, which was sent to the Chairperson of the Albanian Parliament and the leaders of the main parliamentary parties, echoed the recent concerns of civil society groups in Albania and urged the government not to ignore the recommendations set out by the Venice Commission, an advisory body composed of independent constitutional law experts.

Click here for more background on the so-called “defamation package” of media laws, which would empower the authorities to shut down online media without judicial oversight.

Chairperson of the Parliament, Mr Gramoz Ruçi

Chairperson of the Parliamentary Committee on Education and Public Information, Mr Ramazan Gjuzi

Deputy Chairperson of the Parliamentary Committee on Education and Public Information, Ms Mirela Kumbaro

Leader of the Socialist Party Parliamentary Group, Mr Taulant Balla

Leader of the Democrat Parliamentary Group, Mr Myslym Murizi

Leader of the Independent Parliamentary Group, Mr Nimet Musaj

Leader of the Democracy and Justice Parliamentary Group, Mr Edmond Stojku

CC: Delegation of the EU to Albania; Office of the Council of Europe Commissioner for Human Rights; Office of the OSCE Representative on Freedom of the Media

16 September 2020

Dear Chairperson of the Parliament, Mr Gramoz Ruçi,

Dear Honourable Members of Parliament,

We are writing to express our grave concern about the apparent plans of the Parliament of Albania to ignore the issues raised in Venice Commission Opinion No. 980/2020 of 19 June 2020, further threatening press freedom and the right to freedom of expression and to information in Albania.

The undersigned organisations, including partners in the Media Freedom Rapid Response, are alarmed by reports that the Parliament plans to reconsider the Amendments to Law No. 97/2013 ‘on Audio Visual Media in the Republic of Albania’ on the basis of article 86 of the Rules of Procedure of the Assembly, which prescribes that the Parliament considers only the issues introduced by the President of the Republic. Consequently, the Assembly would ignore the problems raised in the aforementioned Opinion of the Venice Commission and by domestic and international civil society organisations.

In this regard, we reiterate our serious concern that the amendments in their current form fall short of international law and standards. As noted also by the Venice Commission, the legislative proposals suffer from vagueness and have a number of fundamental flaws, including:

An overly broad scope of application that may include individual bloggers and social media users;

Requiring de-anonymisation of all Albanian online media resources, which is especially problematic in light of the overly broad scope of application;

Entrusting weighty administrative powers to the Albanian Media Authority and the Complaints Committee, without first ensuring that these institutions are sufficiently independent; and,

A lack of adequate procedural safeguards in the complaints procedure.

As such, the proposed amendments risk causing a chilling effect on the right to freedom of expression online and restricting Albanian citizens’ right to access to information.

We share the opinion of the Venice Commission and 15 Albanian civil society organisations that the problem of malicious or irresponsible media behaviour on the internet would be more appropriately tackled through the establishment of an independent self-regulatory body, which involves all stakeholders in the media community and is empowered to ensure an effective and well-respected system of media accountability.

Accordingly, we urge you to rethink the current legislative procedure and instead put in place a transparent process that leads to appropriate legislation that addresses all the Venice Commission’s recommendations, and to include civil society and representatives of the media throughout this process. We fear that pushing ahead with these amendments in blatant disregard of the important issues raised by the Venice Commission will further damage hopes of progress on press freedom and undermine Albania’s pursuit of EU accession.

Sincerely

This statement has been coordinated by the European Centre for Press and Media Freedom as part of the Media Freedom Rapid Response (MFRR), which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.
Signed
ARTICLE 19
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
South East Europe Media Organisation (SEEMO)
European Centre for Press and Media Freedom (ECPMF)
Osservatorio Balcani Caucaso Transeuropa (OBCT)