Turkish Journalists Accused of Revealing Intelligence Agent Walk Free

A Turkish court in Istanbul on Wednesday set jail sentences of three to four years for five journalists who reported on the funeral of a Turkish intelligence agent killed in Libya.

However, the same court released three of them, Baris Pehlivan, Hulya Kilinc and Murat Agirel, after taking into account that they had spent more than six months in prison already.

These three were the only remaining ones from the group still in prison. The others in the case were previously released in June.

“There was no guilt in this case. The government aimed to end our journalistic lives. We will continue our journalism as we did before,” Pehlivan said defiantly on Thursday after his release.

Prosecutors in Istanbul previously launched an investigation against the journalists for exposing the identity of a field officer with the National Intelligence Agency, MIT, who had served and died in Libya, where Turkey is supporting the Tripoli government against a rival faction.

Prosecutors said the journalists had revealed important information on intelligence activities and documents, and had put intelligence officers’ families and colleagues in danger.

However, lawmakers in Turkey’s parliament had already revealed the name of the MIT agent.

The journalists arrested in February were known to be critical of the government of President Recep Tayyip Erdogan.

The Istanbul court acquitted the journalists of charges of “revealing information about the state’s security and political interest” but found five of them guilty of “exposing information and documents that were obtained by intelligence activities”.

Aydın Keser, editor of Yeni Yasam daily newspaper, its executive editor Mehmet Ferhat Celik and Murat Agirel were sentenced to four years and eight months each.

Baris Pehlivan and Hulya Kilinc were sentenced to three years and nine months. Oda TV news director Baris Terkoglu and municipal press officer Eren Ekinci were acquitted. Another journalist from Birgun newspaper, Erk Acarer, had his case separated from the main case.

Human rights groups and opposition parties had called on the Turkish government to release the journalists.

The country is now one of worst jailers of journalists in the world. According to the Journalists’ Union of Turkey, 72 journalists and media workers are currently behind bars. Media watchdog Reporters without Borders ranks Turkey in 154th place out of 180 countries on its Press Freedom Index.

Since a failed coup in 2016, the authorities have closed 70 newspapers, 20 magazines, 34 radio stations and 33 television channels as part of a brutal crackdown on critics.

Internet Governance Key to Media Freedom in Albania

The rapid spread of the internet and growing use of social media in Albania has significantly affected the behaviour of existing or traditional media as well as native digital media. The emergence of online media outlets has dramatically changed the media landscape.

BIRN Albania’s latest report, “Internet Governance in Albania and Its Role In Media Freedom”, explores a number of topics where Internet governance and regulation intersect with online media, market conditions, financial regulations, access to information and data protection, and copyright and cyber-security.

The report aims to provide a clear overview of the rights and responsibility of online publications in the Internet environment and the governance of this environment by public institutions, while encouraging a multi-stakeholder debate with the goal of supporting and strengthening freedom of expression and the professional practice of journalism on the Internet.

Freedom of expression and media freedom under threat


Photo: Raphael Nogueira

Although there is no specific law on online media in Albania, constitutional principles on freedom of expression and freedom of the press do extend their rights and restrictions to online outlets, while the regulatory environment on Internet governance, both domestic and foreign, influences how these outlets operate and do business.

Newly proposed regulations and amendments on the subject met strong resistance from the journalistic community and rights organisations in Albania and abroad. These moves were also contested by the European Commission and the Council of Europe.

In spite of the government’s attempts to shrink the space for professional journalism, freedom of expression and media are clearly defined in the Albanian constitution as well as in the international treaties and agreements that the country has ratified.

While Albania’s broadcast media and the press are controlled by a handful of powerful families, which have affiliated businesses in regulated markets, online media outlets are more diverse.

Many are start-ups owned by journalists, and allow more diverse viewpoints and reporting angles.

But, even though online media have become one of the main sources of information in Albania, Albanian legislation currently provides no definition of online media. Nor does the audio-visual media law or the e-commerce law.

Access to the internet is vital to free speech

Access to the Internet as a means of communication to exercise freedom of expression and information is guaranteed in Albania in the context of the domestic legal framework.

Photo by Leon Seibert on Unsplash

A survey conducted in 2019 on the use of information technology by families and individuals conducted by the Albanian National Institute of Statistics, INSTAT, showed that 82.2 per cent of all households now have access to the Internet, compared to 80.7 per cent a year earlier, and 66.4 per cent in 2016.

INSTAT found that 68.8 per cent of all individuals aged between 16 and 74 in Albania had used the Internet within three months of the survey being conducted, 87.1 per cent of whom used it daily.

Article 1, of the Law on Electronic Communications in Albania, no. 9918, of 19 May 2008, refers to net neutrality under the principles of the law – but it contains no specific provisions on how to enforce it.

Emerging from the same problematic principles that underpin net neutrality, The Electronic Communications law does not regulate zero rating; it is left to the companies to negotiate or offer such services.

One service previously excluded by data caps from ISPs in Albania has been Facebook Zero. The lack of clarity from the government regarding zero rating is concerning, as it is particularly relevant to journalism and media organisations.

Domain registration is linked to press freedom

Domain name management and administration is central to broader Internet governance, and directly affects press and media freedom within a country.

Domain registration in Albania for the ccTLD .al is regulated in the Electronic Communications law. It stipulates that domain names are registered “to serve the general interest of the public” and “to ensure especially the protection of intellectual property”. Web hosting companies are also mainly regulated by the the Electronic Communications law.

The main institution administering the .al ccTLD and its subdomains is AKEP. This maintains and updates a list of reserved and forbidden names and collects data and documents from the physical persons and legal entities that register.

The BIRN report states that blocking domain names is a key form of censorship imposed around the world, and is often used to prevent access to information and silence dissent.

Social media companies have unfair tax advantage

Online media in Albania operate on the same financial rules and tax regimes as other businesses registered in the country. No specific tax or financial rules, subsidies, or incentives are designed specifically for online media outlets.

Albania’s legal framework does not provide for any form of subsidies for journalism and the media, either for legacy or online media outlets.

Social media companies like Facebook, Google and Twitter, along with other online media not registered in Albania, should have a registered agent in the country and pay a tax rate similar to native online media outlets.

The BIRN report notes that the lack of taxation of their advertising products gives them de facto an unfair advantage to local online media outlets; these are taxed at the rate of 20 per cent.

Online media in Albania have often been the target of verbal abuse by politicians at the highest levels of power. Research conducted by BIRN also indicates that the biggest factors influencing the Albanian media’s editorial line are the political and economic interests of media owners, which in turn place pressure on many journalists to self-censor.

Thus, media outlet ownership transparency is important for the public to identify any political and economic bias that might influence the coverage of a certain topic or issue, as well as recognise conflicts of interest.

However, Albanian legislation does not provide any specific provision for the public disclosure of the ownership of media outlets.

Restrictions on freedom of expression online

Photo: Unsplash/Laura Lee Moreau

Although the Albanian constitution and the European Convention on Human Rights recognise fundamental rights to freedom of expression and freedom of the media, they also provide for proportional restrictions.

Defamation in Albania remains a criminal misdemeanour, punished by fines, while the main legal instrument against hate speech is the provision of several anti-hate crimes and misdemeanours in the criminal code. Hate speech is also addressed, albeit indirectly, in Albania’s anti-discrimination law.

In the context of the infringements, copyright violations are considered one of the biggest problems facing the online media, followed by the lack of quality information and financial difficulties.

Criteria and conditions for copyright protection are listed in the report. Despite the legal protection granted to audio and visual products via copyright, the country’s copyright law (Article 12.1) does not protect news and press information, both offline and online, which are simply informative in nature.

Journalists safeguard the public’s right to know

The growing number and influence of online media have certainly given journalists more space and freedom to express their views and report on different issues in ways that might not always be welcome in traditional media.

Journalists have the right to inform about news of public interest, preserving the essence of information, but they are also obliged to avoid references to personal data when possible. All actions taken by journalists should be shaped by the public interest.

The report lists two sets of special instructions and considerations (Protection of minors and court and crime reporting) for journalists on how to protect personal and sensitive data.

The most recent Code of Ethics for Journalists was drafted in 2018. This was done by the Albanian Media Institute, AMI, with the support of the project Reinforcing Judicial Expertise on Freedom of Expression and the Media in SouthEast Europe, JUFREX – a joint initiative led by the European Union and the Council of Europe.

According to a set of Ethical Guidelines for Online Journalism , online journalism must respect all professional code of ethics and the core values of journalism, irrespective of the forum or format it uses.

No clear rules for content removal

Recognising that content moderation and removal policies are widely debated – and divisive – on the global level, the report provides a non limited list of potential solutions that may contribute to a healthier online environment.

In Albania, no specific law explicitly regulates the filtering and blocking of illegal Internet content. However, the provisions of several laws regulate illegal Internet content. The Electronic Communications law empowers the AKEP to enforce its requirements.

There is no official or published list of what is considered illegal and/or harmful content, or of the competent authorities that can ask the ISPs to remove illegal content. For this reason, the key institutions mandated by law to order the removal of illegal content are listed below, based on the caseload developed by AKEP.

Judicial and law enforcement agencies can request the removal of illegal content based on the relevant articles in the criminal code. One of the most problematic requests from law enforcement agencies, passed on to ISPs through AKEP, was the blocking of the domain of the popular online media Jeta Osh Qef (Joq.al) following the deadly 26 November 2019 earthquake in Albania.

The report also mentions other relevant agencies and bodies dealing with content removal, such as the Audio-visual Media Authority, AMA, and the Commissioner for Personal Data Protection.

Progress in cybersecurity legislation

Albania has made significant progress in recent years in developing the ICT sector and the use of information technology, IT.

Albania ratified the Convention on Cybercrime – known as the Budapest Convention – on 25 April 2002, with Law no. 8888. Its criminal code is mainly in line with this important international instrument, containing several specific articles dedicated to fighting cybercrime.

Although not directly related to cybersecurity, the criminal code also details the consequences of engaging in various anti-social electronic and/or online activities.

Another important law governing cybersecurity is Law no. 2/2017, “On Cybersecurity”; the entity responsible for applying this law is the NAECCES.

The law’s main aim is to achieve a high level of cybersecurity within Albania by defining security measures, rights, and obligations, as well as mutual cooperation between entities operating in the field of cybersecurity.

Online Art Keeps Bosnia’s Isolated Seniors Connected in Pandemic

With a full-time job and a family, Safija Vucenovic, now 67, from the central Bosnian city of Zenica, could rarely find time to commit to music and sewing – her two great passions – when she was younger.

It was only when she was pensioned and her children grew up that she started singing in a local female choir, performing solo at music events and designing her own dresses for them.

But her newfound pleasure was shaken this spring by the arrival of COVID-19, tying her to her home without social contacts or performances. 

To banish the feeling of uncertainty and anxiety that overwhelmed many of her peers, she began recording herself with a smartphone while singing her favourite “sevdalinke” songs and making clothes, sharing the videos with her friends via Facebook and Viber.

“It helped me, and the others, to keep our spirits up,” Vucenovic recalls.

The COVID-19 pandemic has hit Bosnia’s senior citizens hard. Between March 20 and May 15 authorities in the Federation of Bosnia and Herzegovina, the larger of the country’s two entities, severely limited freedom of movement of people older than 65 to prevent the spread of the coronavirus

Even though it is not mandatory to stay inside any more, many older people still spend most of their time at home, especially since the number of COVID-19 cases began rising in early July.

People aged 65 years and older make up about 14 per cent of Bosnia’s population, according to the 2013 census, and their share in the overall population is increasing. 

The UN estimates that this age group will represent more than 30 per cent of the population of Bosnia by 2060. Many seniors live on the edge of poverty and are socially excluded. Average pensions of around 200 euros a month often cannot cover even basic expenses

Several reports, including those published by Caritas BiH and the Institution of the Human Rights Ombudsman of BiH, have noted that the lack of activities in which elderly people can take part makes them isolated and prone to mental illnesses, particularly depression. 

Ever since the beginning of the pandemic, media have reported that the elderly are the most at-risk group from COVID-19, although the evidence shows that the disease can be deadly to anyone. 

At the same time, regular health care services, slow and inadequate even under normal conditions, have now become almost inaccessible to many seniors now because of the special COVID-19-related working regime. 

State hospitals and clinics throughout the country are in debt, often working without basic medical materials and equipment. As health care workers increasingly protest, demanding better salaries and working conditions, more patients complain too

In the last few years, many doctors and nurses have left the country for better jobs in the Western Europe, further weakening Bosnia’s already damaged health care system.  

For Safija and other members of the Zenica-based Nas most (Our Bridge) association, the only way to keep up with their peers, rather than depressing news, was to turn to technology.

From their own homes, they have been engaging in collective creative work and socializing – the same as they had been doing during the gatherings held in Our Bridge’s art centre before the pandemic – but this time over the Internet.

Virus puts centre’s work on hold

The Our Bridge local association has organised artistic and cultural activities for seniors and persons with disabilities in Zenica since the beginning of 2013. 

It has staged numerous arts and crafts classes, art exhibitions and music and theatre performances involving the elderly – mostly women – in order to foster their social inclusion. 

While other bigger cities in Bosnia have government-supported centres for healthy ageing to aid the socialization of the elderly, Our Bridge’s work is mainly funded by members’ own fees and is based on the volunteer work of senior activists. 

The number of its activities and its members has steadily grown in the last two years but, as the association closed in March due to the pandemic, all of its initiatives have been halted.

But, soon after the initial shock caused by the crisis, the association began organising Facebook-based creative challenges and live streams of art workshops, art classes on Viber and online art residencies for international artists. 

“We wanted to stay connected and motivate each other to create arts and crafts so that we can distract ourselves from our worries,” says Zdena Saric, president of Our Bridge. “It’s been really a blessing that we have the Internet and smartphones to do so.”

Saric, a locally renowned artist and art activist helping women, seniors and persons with disabilities to overcome mental health struggles through art, began giving online painting classes via Facebook live streams in April. 

Her first live-streamed video class on the so-called encaustic technique – using molten wax that is then ironed – has been viewed over 1,000 times. 

Many of Saric’s Facebook friends began contacting her about additional tips and tricks on how to use the iron as a painting tool, which is why she decided to continue to hold live streams once a week until the end of May. 

Some of her virtual “students” even sent her the photos of the paintings they made during the lockdown that have been inspired by her online classes. 

She also began regularly posting on Facebook her art works created in isolation at home, trying to encourage others who felt depressed and apathetic to lift their dark thoughts through the bright colours of paint and start painting themselves. 

Meliha Bico Druzic, 65, one of Our Bridge’s volunteers, was one of those who needed such a stimulus. 

She was having a hard time adjusting to the new reality of not being able to leave her home for weeks. 

As an Our Bridge activist, she had been busy for years with the association’s activities. She also loves to paint but couldn’t find any inspiration. Suddenly, after being stuck at home, she realised she had a lot of time on her hands and didn’t know what to do with it. 

“I wanted a [real] spring to come, which is why the first painting I made in isolation was a vase full of lilacs,” said Bico Druzic, who after some days of persuasion accepted Zdena’s virtual creative challenge. 

She began painting at home and posting her works on Facebook, and challenging her Facebook friends to follow her lead. 

Bico Druzic has since exhibited her paintings created during the lockdown at the “My Quarantine” (“Moj Karantin”) art show held at the Our Bridge centre in July. The exhibition included art works of other Our Bridge members as well. 

Shifting from offline to online activities


Last year’s offline creative activities for seniors in Our Bridge. Photo: Ajdin Kamber

The response from their online creative communities encouraged Bico Druzic and Saric to continue painting and sharing works on Facebook. As other Our Bridge members began doing the same, their Facebook news feeds have become full of photographed paintings and other handicrafts. 

To continue these efforts, but in a more varied and structured manner, they gathered Our Bridge’s members in an art-focused Viber group. 

The initiative, called “There is some secret connection” (“Ima neka tajna veza”), has been designed in collaboration with the Serbian association Art Aparat, whose co-founder and music teacher, Maja Curcic, started producing video singing lessons in Belgrade and sharing them with the members of the Viber group in June. 

Apart from singing, the women teach each other how to paint, design bags and do handicrafts via video messages. The Viber group also serves as a channel of everyday communication.

The project was originally designed to bring together seniors from Zenica and the Serbian capital Belgrade through music and painting classes. 

In both countries, the elderly suffer from an absence of systemic protection of their rights, not only related to health and social protection, but to their cultural needs as well, according to Curcic. 

Apart from cultural programmes in homes for the aged and the activities of local pensioners’ associations, seniors have limited options to participate in cultural initiatives. 

Similar to the centers for healthy aging, Serbia also has daily centres for seniors that provide some cultural activities, but these are limited in their number and capacities

That is why Art Aparat and Our Bridge established a partnership, though the initial idea had to be adjusted due to the pandemic and transformed into a remote creative exchange, focused only on Zenica.

“Projects like this one encourage seniors to use new technologies and learn how to adapt to the new times,” Curcic says. She believes it helps the elderly to overcome barriers such as physical distance or inability to move, and restore a sense of belonging to their community.

This is the first time Curcic, who has been using music as a tool of social integration for vulnerable groups of children and youngsters in Serbia for a decade, has worked with seniors. Judging by the feedback from the members of her Zenica online choir, she has succeeded. 

“I can’t wait to meet Maja in person and sing with her,” Vucenovic says. Bico Druzic agrees, adding that Maja’s choice of the song for the lessons – which is Imagine life in the rhythm of music to dance to (Zamisli život u ritmu muzike za ples  – a song of from the popular Yugoslav band Film – fits her taste perfectly: “I love music, especially the songs that are closer to my younger age, and that have a soul.” 

Bico Druzic is also participating in another Our Bridge international collaboration that was re-shaped from an art residency in Zenica into an online artistic platform when the pandemic broke out. 

The project called “Urban Herstories – The female face of Zenica” – aims to document social, political and urban changes in Bosnia since the 1950s through the eyes of Zenica’s elderly women, and Bico Druzic’s story, related to her elementary school, is part of it. 

Artists from Slovakia and Ukraine were about to visit Zenica in mid-March and work with Bico Druzic and five other women just when Bosnia – and Europe – began to close down. The stories will, however, still serve as a female audio guide to the city and as a basis for online-based art residencies of Slovakian and Ukrainian artists.

‘It’s nicer when you can see a person live’

Our Bridge members learning how to use Viber and social media on smartphones during training. Photo: Facebook/Nas most Zenica

Although new artistic ideas have arisen from the necessary adaptations of the “Urban Herstories” project to the online sphere, physical encounters between the women in Zenica and the Slovakian and Ukrainian artists – which could not take place – are an irreplaceable part of the experience, says Katarzyna Zielińska, manager of the Polish cultural institution Strefa Kultury Wroclaw, one of Our Bridge’s partner organisations on the project.

“I had a feeling that we have lost the human aspect due to the lack of the real, person-to-person contacts with the storytellers [women] and the lack of a first-hand experience of the place we were supposed to work in [Zenica],” Zielińska says. 

Curcic from Art Aparat shares that sentiment, warning that it can demotivate people who never before attended an online education class to follow the instructions of a teacher who they can see only on a screen. 

“It’s nicer when you can see a person live, encourage him or her or explain [in more detail] what you wanted to say. The pre-recorded rehearsals are not the same as the real contact,” Curcic adds. 

Working with people not used to communication platforms like Viber or social networks like Facebook is another major challenge. Adjusting to the new ways of socialization and collaboration has been difficult for most of the Our Bridge’s membership, whose average age is 60. 

The association ran several offline training sessions on how to use smartphones once the strict epidemiological measures had been lifted. But a few women still felt discouraged by the amount of information they needed to absorb, and haven’t continued to participate in smartphone-based activities.

Despite the shortcomings of such initiatives, the online-based creative programmes might remain the safest – and possibly the only – way to work with the elderly during the pandemic. 

“Organisations like Our Bridge, which facilitate online creative connections, are of great importance for the elderly,” says Zenica-raised psychologist and psycho-therapist Dzelila Mulic Corbo. “In that way, they [elderly] stay in touch with the outside world, have contacts with others, and make their days meaningful.”

Recalling that adjusting to the “new normality” imposed by the pandemic has been hard for practically everyone, Mulic Corbo says that for the elderly, whose flexibility in new circumstances is naturally lower, the adaptation process is much harder. 

Our Bridge will keep developing online-based activities as long as the risk of COVID-19 infection continues, according to Saric. In the meantime, it is looking for other innovative ways to help motivate seniors stay connected through their mobile phones and so mentally overcome the challenges of the pandemic. 

“Nothing would make us more happy than to be able to freely gather in our space. But, until then, our [mobile] phones will have to play their role,” Saric concluded. 

This publication was produced with the financial support of the European Union. Its contents are the sole responsibility of BIRN and do not necessarily reflect the views of the European Union.

Slovak Businessman and Associate Found Not Guilty of Ordering Murder of Journalist

A Slovak court on Thursday found businessman Marian Kocner and his associate Alena Zsuzsova not guilty of ordering the murder of journalist Jan Kuciak from 2018, in a landmark case that reshaped the country’s political landscape and which is still having repercussions today.

In what many in the local media consider a surprising verdict given the weight of evidence presented in the court, the three-member senate said there was insufficient evidence to convict Kocner and Zsuzsova, who were suspected of ordering the murder of the investigative journalist and his fiancee, Martina Kusnirova.

A third defendant on trial with Kocner and Zsuzsova, former soldier Tomas Szabo, was found guilty and sentenced to 25 years in a maximum security prison. Szabo was a cousin of Miroslav Marcek, who admitted to shooting Kuciak and Kusnirova at the beginning of the trial. Another man was sentenced to 15 years last year for involvement in the murder-for-hire.

The prosecution is expected to appeal the decision of the special court at the Supreme Court. Right after the verdict, Dennik N daily reported that the senate was divided in their opinions, with two of the judges outvoting the chair Ruzena Sabova. Disputes among the senate were suspected back in August, when the original date of verdict hearing was moved to September 3.

Slovak media have described the verdict as “shocking” given the mountain of evidence against Kocner and Zsuzsova that was presented during the trial. The families of the victims listened to the verdict in tears, leaving the courtroom immediately after hearing the acquittal of Kocner.

The killings of Kuciak and his architect fiancée Martina Kusnirova confirmed many people’s worst fears about the existence in Slovakia of a nexus of organised crime, oligarch power and political mafia which had corrupted much of the country. Mass protests across the country in 2018 led to the resignation of the then-prime minister, Robert Fico.

Facebook Shuts Russian Propaganda Network ‘Based in Romania’

Facebook’s security department has shut down several accounts belonging to a publication that presents itself as an independent global news organisation primarily based in Romania, “for violating our policy against foreign interference”.

The accounts were operated by people associated with the Russian government who used fake accounts and spread anti-Western propaganda.

Their use of environmental concerns and pacifist arguments to discredit Western democratic institutions has been described as reminiscent of the tactics used by the Soviet Union during the Cold War, which funded front organisations in Western countries to influence public opinion against democratic governments.

“Although the people behind this activity attempted to conceal their identity and coordination, our investigation found links to individuals associated with past activity by the Russian Internet Research Agency (IRA),” the social network said in its August security report.

The network, which gravitated around the news website Peacedata.net, targeted audiences from “on the left of the political spectrum”. 

It posted global news and comment on current events “relevant to left-leaning communities”, including social and racial justice issues in the US and UK, NATO and EU politics, alleging Western war crimes, corruption and environmental issues.

One of the articles shared by Peacedata charged the British government with creating “a myth of a migrant crisis to distract from its failures”. 

Another article published on Facebook by the same network accused France of following neo-colonial practices in its former African colonies. The third example given by Facebook officials of content distributed in the disabled accounts had the title: “Boogaloo Movement: USA Far Right is Growing Thanks to Donald Trump”.

Another item published by Peacedata.net called the Belarus opposition leader Svetlana Tikhanovskaya “a Western regime change puppet”.

The network consisted of 13 accounts and two Facebook pages with a following of 14,000. According to the social network, it was in the “early stage” of building a wider audience. 

It produced content in English and Arabic and “focused primarily on the US, UK, Algeria and Egypt, in addition to other English-speaking countries and countries in the Middle East and North Africa.”

They also “recruited unwitting freelance journalists to write on particular topics”.

Peacedata.net website is still on air and has rejected Facebook’s accusation that it is a tool of the Kremlin in a lengthy statement that calls The New York Times and The Washington Post “brainwashing machines”. It also called Facebook’s CEO and founder Mark Zuckerberg an “adversary of freedom and democracy” who “proudly walks alongside such monstrous figures as Donald Trump”.

Press Freedom Groups Urge EU to Act over Hungary Media Violations

A number of press freedom, freedom of expression and journalists’ organisations urged the European Commission on Wednesday to act on several complaints that the Hungarian government has violated EU state aid rules as a means to undermine media pluralism.

The joint letter from 16 organisations – including Reporters Without Borders, the International Press Institute and the Committee to Protect Journalists – comes after a decade of attacks by Viktor Orban’s government on the independence of the country’s media. This has resulted in “a degree of [state] media control unprecedented in an EU member state”, according to Reporters without Borders, and the country falling to 89th place out of 180 countries on its World Press Freedom Index.

The letter calls on Competition Commissioner Margarethe Vestager to act on complaints that the Hungarian government has violated EU state aid rules by manipulating the media market through the weaponization of state resources “to punish critical media and reward government mouthpieces.”

The letter’s authors highlight their serious concern that the European Commission has not acted on two State Aid complaints (No. 53108 and No. 45463) lodged in 2018 and 2016.

State Aid complaint No. 53108, lodged in November 2018, alleges bias in the distribution of state advertising to media outlets in Hungary. By way of example, the signatories cite the case of Index.hu, Hungary’s largest independent and most popular online news site, which in the years prior to last month’s mass resignations over threats to its editorial interference received virtually nothing in state advertising, despite being a market leader, while its main competitor, the pro-government Origo.hu, benefitted heavily.

State Aid complaint No. 45463, lodged in 2016, concerns the Hungarian public service broadcaster (PSB), which the signatories claim has long since ceased to meet the definition of public service broadcasting, with news coverage presented in a way that shows deliberate and clear bias in favour of the ruling Fidesz party.

The European Commission’s failure to act on these complaints, the letter notes, “allows for the further decimation of independent media in the country”.

Hungary’s government has, indeed, an impressive track record of killing critical media outlets, shrewdly concealing most as some kind of neutral business decisions. The process of co-opting state media into government mouthpieces, the centralisation of all regional daily newspapers, and the takeover or closure of several government-critical news sites and newspapers culminated in almost all government-loyal media outlets being centralised in KESMA (the Hungarian acronym for Central European Press and Media Foundation).

This merger, which was clearly in breach of all the country’s competition laws, could not be investigated by the Competition Authority, as it was branded of “strategic importance” by the government. This move was later ruled legal by the country’s pliant Constitutional Court.

“The creation of the KESMA foundation in late 2018, which united pro-government media and was exempted from normal competition review, further undermined media pluralism in Hungary and has facilitated a centralized system of content control,” the letter said. “By the end of 2018, according to independent research, an estimated 80 percent of the market for public affairs news was being financed by sources determined by the FIDESZ party. This means KESMA now controls over 470 media outlets in Hungary.”

The letter concludes by urging the European Commission take action to defend the right of the Hungarian public to access free and pluralistic sources of news. “This must include responding to all complaints related to the misuse of state aid in Hungary. Addressing these issues is essential to defending media freedom, media pluralism and the rule of law both in Hungary and within the EU as a whole,” it said.

Jansa is Eroding Press Freedom in Slovenia, IPI Warns

Slovenia is among the few countries in Europe that have experienced a swift downturn in press and media freedom, according to the latest report of the International Press Institute, IPI, a global network of journalists, editors and media executives defending press freedom.

Jamie Wiseman, Advocacy Officer at IPI, stated in the in-depth report published on Tuesday that the Slovenian government led by Janez Jansa was contributing to an increasingly hostile environment for journalists.

The IPI report noted that, according to some observers, Jansa has launched “vitriolic attacks on reporters on Twitter, enabling a wider increase in digital harassment from online trolls and contributing to an increasingly hostile climate for watchdog journalism”.

Jansa, an ally of authoritarian Hungarian Prime Minister Viktor Orban, returned for a third stint as prime minister on March 13, a little over a week after Slovenia confirmed its first case of the coronavirus. He replaced Marjan Sarec, whose centre-left coalition fell in January.

The change of power coincided with what the IPI said is an unprecedented wave of insults and online smear campaigns against journalists in Slovenia.

Jansa has taken to Twitter to denounce the Slovenian public broadcaster; his government has sought to portray mainstream media outlets as heirs of the Yugoslav-era communist security services, while the government’s Crisis Headquarters, tasked with coordinating the fight against COVID-19, has retweeted anonymous attacks on the investigative journalist Blaz Zgaga.

As IPI recalled, in mid-March, a government account retweeted a claim that Zgaga was an “escaped psychiatric patient”. Shortly after that, the reporter began receiving numerous online death threats and smears, drawing condemnation from international organisations.

Observers and journalists told IPI that “animosity from officials has enabled increasing harassment of journalists online”, from which neither foreign journalists nor public television journalists were spared.

Despite reasons for worry, Wiseman wrote that “concerns that Slovenia will become another illiberal democracy akin to Hungary are, for now, premature”.

”Nonetheless the exporting of Hungarian methods to Slovenia and other states in Central and South-Eastern European countries should worry EU leaders,” he continued, urging the EU and other organisations to follow developments in Slovenia closely and react strongly if need be.

“In the coming weeks, all eyes will be focused on the end of the public consultation into the legislative amendments to the public broadcaster and press agency,” the report noted, referring to plans by Slovenia’s government to amend public service media legislation, which some experts see as an attempt to rein in state media.

On the other hand, the Slovenian Culture Ministry told BIRN in July that nothing in the set of laws indicates that public media will be put under direct state influence. “The laws are not changing corporate or programming governance of RTV Slovenia, nor do they have provisions to do that,” it pointed out.

On August 25, the government responded to an alert on the Council of Europe’s platform, which monitors press freedom, issued in May, attaching Jansa’s own essay, “War with the media”, and offered additional explanations, insisting that “freedom of expression is a right that belongs to every individual”.

“Negative criticism of an individual journalist, publisher or broadcaster by the prime minister, does not automatically render it an attack or an encroachment on media independence,“ the letter said.

“Finally the World Press Freedom Index, published annually by international non-governmental organization Reporters Without Borders, ranks Slovenia 32nd, which is two places better than in 2019 and the same as in 2018,” the government observed.

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