BIRN’s monitoring of digital rights violations in October highlighted new threats to freedom of expression online in south-east and eastern Europe as countries embraced legislation against foreign-funded NGOs and media.
An SPO opinion published on October 28 defined Atlatszo as “a member of the foreign influence network maintained by the United States of America”. It dismissed the media outlet’s goal of uncovering corruption as “a highly effective weapon of US economic and political interests”.
Atlatszo has said it will take legal action against the SPO, arguing that it has no authority to investigate the outlet. It further stated that it did not receive a draft of the opinion to allow it to make comments, claiming it contained a “large number of gross factual errors and omissions”.
What is the SPO and why does it matter?
In December 2023, the Hungarian parliament passed a new law on the ‘defence of sovereignty’ that created the SPO, whose official aim is to investigate any alleged foreign interference in the country.
The SPO is tasked with investigating alleged information manipulation and disinformation and activities aimed at influencing democratic discourse and decision-making processes. It is also tasked with probing organisations that receive support from abroad and may exert influence on the outcome of elections.
The authority publishes the results of its investigations with no possibility to appeal or challenge their outcome in a formal forum – although its opinions are not legally binding.
The European Commission launched an infringement procedure against Hungary because in its view, the ‘defence of sovereignty’ law violates EU legislation.
The SPO’s investigations into Atlatszó and Transparency International Hungary were the first of its probes. Both declined to cooperate, claiming that they were targeted because of their anti-corruption work.
In its latest investigation, the SPO in September began probing the environmental group God-ERT Association, requesting financial data. The association’s work has led to the Samsung battery factory in Hungary being fined 55 times.
Turkey moves to adopt Russian-style law
Following similar developments in Georgia and the Bosnian entity Republika Srpska, Turkish President Recep Tayyip Erdogan’s ruling Justice and Development Party, AKP has made another attempt to adopt a Russian-style ‘foreign agents law’.
The first attempt was in May 2024, when the AKP proposed a law threatening prison sentences for people allegedly involved in producing propaganda for a foreign actor. It was seen by observers as a further blow to the freedom of the country’s embattled media, as well as to civil society in general.
Following criticism, the bill was withdrawn, but then resubmitted to parliament on October 18. It is expected to come before parliament any day, with likely approval by the AKP and its parliamentary allies.
The proposed law introduces two new crimes: one concerns contraventions of the security or political interests of the state; the other with violations of the security or internal or external political interests of the state in line with the strategic interests or instructions of a foreign state or organisation. Both carry prison sentences of three to seven years.
Turkish Justice Minister Yilmaz Tunc stated that the proposed law aims to combat espionage, and would not be used broadly to punish anyone conducting research in Turkey. However, numerous local and international rights groups have criticised it as an assault on freedom of expression and media.
“Turkey’s parliament must reject the draft amendment to the country’s espionage laws which, if passed, would significantly threaten the ability of civil society organisations to operate freely within the country,” said a statement signed by more than 80 organisations ahead of the expected vote in parliament.
Monitoring: Hungary was covered by Akos Keller-Alant, Turkey by Hamdi Firat Buyuk, Romania by Adina Florea, Albania by Nensi Bogdani, Montenegro by Djurdja Radulovic, Kosovo by Flaka Fazlija, Serbia by Tijana Uzelac, North Macedonia by Bojan Stojkovski and Goce Trpkovski, Bosnia and Herzegovina by Elma Selimovic, Croatia by Katarina Gulan.