Poland Further Restricts Media Freedom, Angers US with Controversial Media Law

After a stormy day in the Polish parliament, Law and Justice (PiS) finally managed to scrape enough support late on Wednesday evening to pass a law that will prevent companies outside the European Economic Area from owning television stations in Poland.

The law is seen as a move to further restrict media pluralism in the country and directly targeted at TVN, the largest private television station in the country, owned by the US-based Discovery Inc., whose news coverage has been critical of the governing party. It is also a direct snub to the Biden administration, which responded to the passing of the law with a harsh statement arguing it would harm Poland’s media environment, its investment climate and even relations with its western allies.

On Tuesday, the PiS leadership decided to fire from the government Jaroslaw Gowin, the deputy prime minister and leader of Agreement, one of two junior coalition partners of PiS. Gowin had been a thorn in the side of PiS leader Jaroslaw Kaczynski for some time, blocking presidential elections from happening by post back in 2020 and, more recently, opposing the TVN law and the government’s new signature program, the Polish Deal, designed to help Polish working families and win back waning support for the nationalist-populist government.

Without Gowin’s 13 MPs or even some of them, PiS has lost its thin parliamentary majority, which stood at 235 out of 460 seats.

Nevertheless, the party leadership decided to push ahead with the controversial law on Wednesday. Demonstrations in solidarity with TVN were organised in Warsaw and tens of other Polish towns.

Shenanigans

In a surprise development on Wednesday afternoon, the opposition managed to pass a motion introduced by the chairman of the Polish People’s Party, Wladyslaw Kosiniak-Kamysz, which asked for the TVN law vote to be postponed to September. Five parliamentarians from Gowin’s faction and four from the group of maverick politician Pawel Kukiz backed the opposition on this.

There were cheers from the opposition ranks in the parliament upon the announcement of the vote, as this would have been the first major occasion when PiS was defeated in the lower house on a key bill.

But the day was far from over. In what is no longer an unusual practice for PiS, the party’s lawmakers first called for a break, and then invoked anonymous legal experts to claim the vote had been improper in order to force a repeat of the failed vote. By the evening when the poll was repeated, three MPs from the Kukiz’15 group, including its leader Pawel Kukiz, had switched sides to PiS. Kukiz himself pressed the button while opposition MPs shouted “traitor” at him across the hall.

The opposition-controlled Senate is now expected to reject the TVN bill, which the Sejm can later overrule with an absolute majority. In light of this week’s developments, it seems unclear whether PiS can pull that off in the Sejm.

The US, which is a key military and economic partner for Poland, had been putting pressure on Warsaw to leave TVN alone. In a statement following the vote, US Secretary of State Antony Blinken decried the legislation, saying: “Poland is an important NATO ally that understands the Transatlantic Alliance is based on mutual commitments to shared democratic values and prosperity. These pieces of legislation run counter to the principle and values for which modern, democratic nations stand.”

Bulgarian TV Accused of Favouring GERB in Election Coverage

International media watchdog Reporters Without Borders has accused Bulgarian National Television BNT, of bias in its election coverage towards the former ruling GERB party, in a statement released on Tuesday.

A report on how BNT covered GERB in the July elections by the Organisation for Security and Cooperation in Europe, OSCE, said BNT had failed in its duty as a public broadcaster by giving more airtime to GERB, Bulgaria’s ruling party until last April.

“Reporters Without Borders, RSF, calls on the political forces in Bulgaria’s new parliament to carry out deep-seated, systemic reforms to strengthen public media independence after Bulgarian National Television, BNT, violated its legal obligation to provide unbiased coverage of the campaign for the snap parliamentary elections held on 11 July,” the statement says.

On Wednesday, caretaker Minister of Culture and a key voice in the 2020-2021 anti-government protests, Velislav Minekov, said he hopes the authorities will look further into BNT’s reporting after the RSF analysis.

“This distortion of informational politics deprives the viewers and the tax-payers of unbiased and informative choice, especially as elections are being held,” Milenkov said.

Emil Koushlukov, BNT’s Director General, has not commented on the accusations, and former PM and GERB leader Boyko Borissov also did not address the issue at a press conference on Wednesday. 

Koushlukov was a controversial figure even before becoming BNT director in 2019, after siding with different political figures over the years.

He was advisor to the first democratically elected President of Bulgaria, Zhelyo Zhelev, from 1991 to 1996 before becoming an MP in 2001 through the NDSV – National Movement Simeon II – headed by Simeon Saxe-Coburg-Gotha, Bulgaria’s former deposed Tsar.

Between 2013 and 2016, he was working at TV7, then owned by Tsvetan Vassilev, whose Corporate Commercial Bank collapsed and is currently exiled in Serbia, and later at Kanal 3. Between 2016 and 2017 he was a director of Alpha TV, owned by the far-right party Ataka. 

BNT’s coverage of the 2020-2021 protest wave has also come under fire, with protesters often gathering in front of its office in Sofia and accusing it of underrepresenting the size and the seriousness of the demonstrations. 

On July 14, 2020, a petition seeking Koushlukov’s resignation was published and signed by various intellectuals, journalists, artists, and protest figures. 

On August 6, Koushlukov was fined 1,500 euros by the Council for Electronic Media for not following the Law on Radio and Television and offering a right to reply to the caretaker cabinet’s Culture Minister, Velislav Minekov.

In early June, Minekov had said BNT should be investigated over its alleged pro-GERB coverage. This was met by claims about an “unprecedented attack from the authorities” from Koushlukov, who further accused the caretaker cabinet of trying to put pressure on BNT. Minekov demanded airtime to answer these claims.

In the months leading up to inconclusive elections in April, which were followed by repeat elections in July and will probably be followed by a third round in the autumn, BNT often broadcasted press conferences and announcements by former PM Borissov.

Serbia ‘Misused’ Money Laundering Laws to Target Critics, Reuters Reports

Serbia is among several countries that have misused legislation passed to meet Financial Action Task Force, FATF, standards to combat money laundering and terrorism financing to investigate critical voices and NGOs, Reuters reported on Thursday.

According to Reuters, in Uganda, Serbia, India, Tanzania, and Nigeria, the legislation was “used by authorities to investigate journalists, NGO workers, and lawyers”.

“Through constant assessments of countries’ measures, the FATF plays a little-known but key role in shaping financial crime legislation and in dictating governments’ security priorities,” the news agency explained. “Across the globe, it has strengthened laws to crack down on money laundering and terrorist financing.”

“But by pressuring nations with weak democratic frameworks to adopt and bolster such laws, the FATF has unwittingly handed a new legal instrument to authoritarian governments, according to a dozen researchers at think tanks and human rights groups,” it added.

Reuters cited Tom Keatinge, director of the Centre for Financial Crime at the Royal United Services Institute in London, as saying that FATF standards “are increasingly not just being misunderstood, but are being purposefully abused”.

When it comes to Serbia, Reuters recalled a request that the Finance Ministry’s Administration for the Prevention of Money Laundering made to banks in July 2020.

This was to provide “client data on some 50 NGOs and media outlets known for criticizing what they consider to be President Aleksandar Vucic’s increasingly autocratic rule”. The list included Balkan Investigative Reporting Network, BIRN, and a number of BIRN employees.

Reuters further reported that, “after news of the letter leaked, Finance Minister Sinisa Mali told a local television channel the intelligence unit was ‘doing its job’ and the data requests shouldn’t be a problem for the targets ‘if nothing is hidden’”.

No individuals have been charged so far as a result of these probes, Reuters reported.

Reuters reported that Maja Stojanovic, director of Serbia’s nonprofit Civic Initiatives, which was named in the letter, told the news agency she believes the Serbian government is using the data for smear campaigns to undermine NGOs’ work.

“When Stojanovic and other targeted NGOs consulted the banks about the requests, the banks said they couldn’t disclose what information they shared with authorities”, the news agency reported.

Reuters said it asked three of the banks, Banca Intesa Beograd, OTP banka Srbija, and Erste Group Bank, to comment, all of whom declined to do so.

Montenegro Data Protection Agency Voices Concern Over COVID-19 Measures

A member of Montenegro’s Council of the Agency for Personal Data Protection, Muhamed Gjokaj, on Wednesday warned that new COVID-19 measures could put citizens’ personal data at risk.

He said he feared unauthorized persons could get insight into citizens’ personal data, and called on the Health Ministry to be more precise about its new health measures.

“The Health Ministry should explain on the basis of which specific legal norms it has prescribed that waiters have the right to process the personal data of citizens who enter a café or restaurant.

“If there is no adequate legal basis, citizens can sue all those entities that ask to inspect their personal data, which also relates to health information,” Gjokaj told the daily Pobjeda.

On July 30, the Health Ministry announced that patrons of nightclubs, discotheque and indoor restaurants must show their ID and National COVID-19 certificate before entering.

The national COVID-19 certificate is a document issued by Health Ministry, which proves that a person has been vaccinated, or has had a recent negative PCR test, or has recovered from COVID-19. According to the Health Ministry, the certificate must be showed to the waiter or club staff.

Montenegro’s Personal Data Protection Law specifies that personal data related to health conditions can be inspected only by medical personnel, however. It prohibits inspection of personal data by unauthorized personnel.

On July 30, the head of the Digital Health Directorate, Aleksandar Sekulic, said no violation of citizens’ personal data was taking place under the measures, as only the name and date of birth of the person were on the COVID-19 certificate.

“We do not provide medical conditions through the certificates but only the data citizens want to provide. They voluntarily agreed to provide a certain amount of data,” Sekulic told a press conference.

On August 3, a lawyer, Andrijana Razic claimed the Health Ministry had violated the law by the new health measures, accusing it of forcing citizens to be vaccinated. She said that non-vaccinated citizens must not be discriminated against in any way.

“It’s completely clear that employees in a restaurant or nightclub have absolutely no right to identify citizens, or ask them for health information that is secret by law. The government should seriously consider the possible consequences of pursuing such a discriminatory and dangerous health policy, based on a drastic violation of basic human rights,” Razic told the daily newspaper Dan.

According to the Institute for Public Health, there are 1,667 registered COVID-19 active cases in the country. The capital Podgorica and the coastal town of Budva have the largest numbers. On Wednesday, the Health Ministry said that 34.5 per cent of the adult population had been vaccinated against COVID-19.

Romanian Intelligence: Hospitals Need ‘Urgent’ Protection from Cyber-Attacks

Days after authorities announced that the Witting public hospital in Bucharest had been targeted by hackers, the Romanian Information Service, SRI, has called on the government to take “urgent” action to protect state-owned medical institutions from these disruptive threats.

Romania’s national intelligence service has warned of widespread deficiencies when it comes to cybersecurity in hospitals, in spite of their increasing reliance on informatics and online systems to run their daily operations.

“Such attacks against some hospitals in Romania represent a sign of alarm about the low level of cybersecurity that exists,” the agency’s statement issued on Friday said, stressing “the need to adopt centralized decisions” that make it mandatory for all medical institutions to impose “minimal cybersecurity measures”.

The intelligence service has briefed the ministries of Health and Transport and Infrastructure concerning the “way in which the attack [reported this month against the Witting hospital] was conducted”, warning the two ministries about the “vulnerabilities of which attackers took advantage”, the SRI statement on Friday said. 

The secret service also presented both departments with a “series of measures to be implemented on urgent basis, in order to limit the effects generated of the attack as well as to prevent future ransomware attacks.

“Although they are of a medium or reduced complexity, this kind of ransomware attacks can generate major dysfunctions in the activities carried out by medical field’s institutions,” the SRI statement explained.

In the absence of clear general standards, the level of cybersecurity in public hospitals and most Romanian state institutions largely depends on the competence and awareness of the personnel in charge, specialists told BIRN.

On 22 July this year, the SRI said the servers of the Witting hospital in Bucharest were targeted by a cyberattack conducted with a ransomware application known as PHOBOS.

“After encrypting the data, the attackers demanded that a ransom be paid for them to decrypt them again,” the intelligence service said at the time.

The attack did not affect the functioning of the hospital, which assured the continuity of operations using data from offline registries. According to the SRI, no ransom was paid to the hackers.

The intelligence service said the attack resembles others that targeted four Romanian hospitals in the summer of 2019. The systems of the four hospitals were not protected by antivirus and were also compromised using PHOBOS.

North Macedonia to Toughen Penalties for Attacks on Journalists

Newly envisaged penalties for assaulting a journalist or a media worker adopted by North Macedonia’s government on Tuesday will be from three months to three years in jail, the same as for assaulting a police officer, the Justice Ministry said.

“After adoption by the government, we will immediately process these changes to parliament. I expect parliament to pass these changes right after the summer break”, meaning early autumn, Justice Minister Bojan Maricic said.

The minister said the changes mean in practice that authorities will treat cases where journalists are prevented from doing their job or are attacked the same way as they treat assaults on police officers. Accordingly, the prosecution will process these cases ex officio.

Another change the minister announced is the planned reduction of defamation fines for journalists, editors and media outlets through amendments to the Law on Civil Responsibility.

“The defamation fines for journalists and editors will be five times lower, and for media outlets they will be three times lower [than before],” Maricic wrote.

If these changes pass, a journalist who loses a civil court case for defamation will pay a maximum fine of 400 euros instead of the current maximum of 2,000 euros, which is in many cases equal to or more than four average monthly salaries for a journalist.

For editors, the maximum fine will decrease from 10,000 euros to 2,000, and for the media outlets, the sum should fall from the current maximum of 15,000 to 5,000 euros.

The third announced change that affects journalists is the planned introduction of the criminal offence of stalking. This will envisage fines or jail sentences for stalkers who not only physically endanger or threaten their victims but also do that online.

The maximum sentence for this offence will be three years in jail.

A new study, “Media Pluralism Monitor 2021”, published by the Centre for Media Pluralism and Media Freedom at the European University Institute earlier this month, states that some things have improved for the media in North Macedonia compared to 2016, the last year in power of the former authoritarian PM Nikola Gruevski, who was ousted in 2017.

The report notes that media freedoms in North Macedonia during 2020 were broader, and that journalists and their associations are no longer exposed to serious physical attacks and pressures.

The ministry said the changes are being made not only to increase the security of the journalists but also to prevent online stalking and abuse of private data. The recent so-called Telegram scandal revealed the recurring existence of a Telegram group sharing explicit pictures and videos of women and girls.

Albanian Police Filmed Mistreating TV News Journalists

Albanian police on Tuesday manhandled Ergjys Gjencaj, a journalist for the News 24 TV channel, and pushed his colleague Klodiana Lala after failing to detain a suspected criminal.

The incident was caught on camera, and afterwards Interior Minister Bledi Cuci told BIRN that he will order an investigation, while the Office of Tirana Circuit Prosecution said it will check the police’s conduct.

Several videos taken at the scene show several plainclothes police officers stopping the car of their suspect, who then refuses to unlock the doors.

A News 24 car with the TV channel’s logos on all sides then arrives at the scene and journalists Gjencaj and Lala get out.

Gjencaj starts filming using his mobile phone as the suspect runs away. After failing to arrest the suspect, several officers turn on the journalists.

One of them is seen grabbing the phone of Gjencaj, who is made to lie face down on the ground. As Lala starts protesting, a person in civilian clothes who is believed to be a police officer pushes her away.

Gjencaj told BIRN that police kept him face down for several minutes and checked his pockets.

“I have worked as journalist covering the police for the last 20 years. This is the first time that such thing happened to me,” Gjencaj told BIRN.

Lala, a known crime reporter, said that they both just happened to be on the scene when the attempted arrest took place.

“I cried out that they were stopping a journalist,” Lala said, emphasising that the officers could not have missed the logos of the news channel on their car.

In a statement, the prosecution promised “in-depth verifications of the incident”.


Journalist Ergys Gjencaj lying on the ground during the incident. Photo: Balkanweb.com

State Police director Ardi Veliu didn’t respond to BIRN’s request for a comment by the time of publication.

The Albania Media Council alleged that what happened “can hardly be an isolated incident”

“Unable to respond to crime, they orient the violence towards the reporters,” it said.

The Union of Albanian Journalists, a rights group based in Tirana, said it was “a grave incident” and called for the perpetrators to be punished.

“We condemn this act of violence and police brutality committed against a reporter,” the Union wrote on its Facebook page.

There had been several cases of police violence against reporters in the last several years while concerns had been raised due to lack of punishment for officers involved.

In 2019, police in Dibra mistreated Enver Doci, a News 24 reporter who happened to be at the scene of an operation.

Police acknowledged the incident and apologised following a local and international outcry but the officers responsible faced no consequences.

Police faced further criticism last December when two journalists, Xhoi Malesia and Qamil Chani were violently stopped in two separate incidents while reporting during clashes between police and young protesters.

Calls by Albanian rights groups to Prime Minister Edi Rama and State Police director Veliu to condemn the violence against media workers received no response.

Germany Probes Alleged ‘Execution List’ of Turkish Journalists

Deutsche Welle Turkish reported on Tuesday that the German Federal Interior Ministry said that it will continue to examine the possible existence of an alleged ‘execution list’ targeting Turkish journalists who have been critical of Turkish President Recep Tayyip Erdogan and his government.

“The investigation will be deepened,” Helmut Teichmann, undersecretary at German Federal Interior Ministry, said in response to a German MP’s questions in the Bundestag, according to Deutsche Welle Turkish.

There have been increasing numbers of attacks by unknown assailants on Turkish independent journalists in recent months in Germany and other European countries.

Most recently, Turkish dissident journalist Erk Acarer was attacked in front of his house in Berlin and hospitalised on July 7.

Acarer said on Twitter that he knew the attackers and that they told him to cease his journalistic activities.

German police also warned Celal Baslangic, the editor-in-chief of Arti Tv and Arti Gercek, an independent media outlet headquartered in Cologne, that he is at risk of assassination.

Baslangic said that two police officers visited him at his house and confirmed the existence of an “assassination list” of journalistic critics of Turkish strongman Erdogan.

The German Federation of Journalists, DJV also said that according to its sources inside the German police, there is an execution list targeting 55 Turkish journalists.

“There are a series of threats and attacks against exiled journalists from Turkey living in Germany,” DJV chair Frank Uberall said in a written statement on Saturday.

He urged German Foreign Minister to summon Turkey’s envoy in Berlin and “make it unmistakably clear to the ambassador that these were unacceptable crimes”.

There has been no official response to the allegations from Turkey so far.

Germany has become home to many critical Turkish journalists since Erdogan intensified his crackdown on his opponents in the wake of a failed coup attempt in 2016.

Several Turkish media outlets also moved to Germany to continue their operations and avoid pressure.

Since the failed coup attempt in 2016, the Turkish government has closed or seized 204 media institutions.

According to watchdog organisation Reporters Without Borders, more than 200 journalists and media workers have been imprisoned in Turkey in the past five years.

Turkey continues to be one of the world’s leading jailers of journalists and listed as ‘not free’ by US-based watchdog Freedom House.

Serbia’s Pro-Govt Media Link KRIK Investigators to Crime Gang

Several pro-government tabloids on Friday ran front pages linking the widely respected investigative media portal KRIK to a brutal gang whose key members have been arrested and charged with murder, torture and drug trafficking.

The tabloid Informer accused KRIK of having “fired the first bullet” at the Serbian President Aleksandar Vucic, suggesting that it had jeopardized Vucic’s safety in cooperation with the gang. Another pro-government tabloid, Objektiv, called KRIK “a mafia-slaughtering” organization.

The media campaign started after KRIK on Thursday published news quoting an alleged official statement that Veljko Belivuk, a leader of the “Principi” gang gave to the prosecution.

In it, Belivuk claimed he did many favours to the current regime, including breaking up protests of taxi drivers, preventing violence at the Pride parade, and stopping chants against Vucic at football games.

Belivuk said he also met Vucic once in person and other ruling party members.

The President afterwards denied he had ever met Belivuk, saying that he was willing to go to jail and pay for his time spent there if that turned out to be true.

KRIK editor Stevan Dojcinovic said on Friday that the article he published was carefully written, emphasizing that Belivuk could not be completely trusted, but that his allegations coincided with some things that were known in the past.

“We knew that this criminal group had strong connections in the police and politics, we knew that the government controlled the stands at the Partizan FC stadium through the Belivuk group, we knew about some things before,” Dojcinovic said, adding that they had not published all of Belivuk’s claims but only key matters of public interest.

“They called me personally and KRIK many names, but I have never seen such a sick and brutal statement, which shows that they are in great fear,” Dojcinovic added of his media assailants.

The gang’s connections to state officials, including a former senior police official and the current general secretary of the Progressive Party-led government, are documented.

Some members of the group formed part of the security detail at President Vucic’s inauguration in 2017, where they were caught on camera manhandling journalists.

Vucic’s 23- year-old son, Danilo, was photographed several times with various gang members. A KRIK journalist, Bojana Pavlovic, had her phone snatched away, to which police did not intervene, after she pictured the President’s son with members of the gang in June 2020.

However, after the arrest of Belivuk’s group in February, pro-government tabloids started publishing hostile stories about the gang along with material leaked from the police investigation.

Smear campaigns against KRIK and connecting it with members of the gang are also not new. Pro-government media in March this year also linked KRIK with Belivuk’s group, although KRIK, among some other Serbian investigative media, was the only one publishing stories about him and his gang.

KRIK is a non-profit organisation that for years has been engaged in exposing crime and corruption and has received many awards for its work.

It is part of the Organized Crime and Corruption Reporting Project, OCCRP, an international non-profit organisation that is a consortium of investigative centers and independent media in 20 countries around the world.

Turkish President’s Aide Hails Curbs on Independent Media Funding

Fahrettin Altun, President of Communications at the Turkish Presidency, has welcomed a new regulation on independent media funding from abroad, for halting foreign influences.

“It is obvious that there is a need to regulate media organisations which operate with funds from foreign state and institutions,” Altun told Turkey’s state-owned Anadolu Agency on Wednesday.

He added that the government will not allow any fifth-column activity under new guises.

“In an environment where some foreign leaders openly express their intentions and efforts to design Turkish politics, we cannot interpret that any foreign state or institution provides various funds to the media sector independently from the interests and goals in question,” Altun said. He added that the new regulation will be completed as soon as possible, to “protect public order and the people’s rights”.

The funding of independent media in Turkey came under the spotlight recently after it was shared that an American NGO, via various projects, was funding Medya Scope, one of the few remaining independent media outlets in the country, led by the veteran journalist Rusen Cakir.

As part of President Recep Tayyip Erdogan’s crackdown on critics, ownership of media outlets has dramatically changed over the last decade, and pressure on remaining independent media houses has intensified.

In 2018, Dogan Media Group, which was the largest mainstream media house in the country, owning several news agencies, TV channels, newspapers and magazines, was sold to Demiroren Holding, which is close to Erdogan’s government.

According to Reporters Without Borders, 90 per cent of Turkish media have now fallen under the direct control of the Turkish government.

Remaining independent media suffer strong government pressure, as well as fines and advertisement bans.

Under these circumstances, funding media institutions via projects has become one of the most important sources of income for many media organisations.

Turkish branches of international media houses have meantime increased their coverage of the country and have hired some of the independent journalists who lost their jobs because of government takeovers and other pressures.

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