Category: Media freedom

Montenegro Urged to Delay Law Change Debate in Pandemic

Posted on by Ivana Jeremic

On Thursday, the civic organizations and media in Montenegro have called on Prime Minister Dusko Markovic to postpone public consultations about the draft freedom of information law amid the coronavirus outbreak.

More than 50 civic organizations, journalists and media organizations warned that the lockdown had made participatory debate almost impossible.

“We have numerous restrictions on movement and there are no sessions of parliament, so there are no elementary conditions to hold a meaningful public debate on the issue,” their joint letter states.

On March 31, civil society organizations and journalists also called for a postponement, while the chair of the watchdog body Transparency International, Delia Ferreira Rubio, advised that any non-emergency legislative measure that requires public consultation should be postponed until full, active participation can be guaranteed.

Despite that, the Ministry of Public Administration has called for written comments on the law amendments to be submitted via the ministry’s email address by April 13. After that, the ministry announced, a public debate will be organized using a video conference.

“The draft law has numerous proposals that narrow our rights on information from state bodies. It also restricts the work of investigative journalists and the non-governmental sector,” the signatories to the letter said, referring to the proposed law.

The government proposed the draft law in March 2019. It would allow it to declare any information “classified” if its disclosure would affect a government body’s ability to function.

It also removes controls over the ways in which state bodies declare information classified. Civic organizations, media groups and opposition parties have insisted that the amendments are not in line with the Montenegrin constitution, or with international agreements that the country has signed up to.

The country’s culture of official secrecy has attracted European attention. The European Commission’s 2019 report on Montenegro noted that official secrecy was cited in 68 denied requests for information in 2017, well up from 30 the year before.

It described an increasing practice of declaring requested documents classified, in order to restrict access to information, as a matter of concern. The report also stated that court decisions on access to information are not effectively enforced.

Central and Eastern Europe Freedom of Information Rights ‘Postponed’

Posted on by BIRD

Citing the fight against COVID-19, authorities in a number of Central and Eastern European countries have extended the amount of time state bodies have to respond to freedom of information, FOI, requests, part of what media watchdogs say is a worrying crackdown on press freedom since the onset of the pandemic.

Media regulations across the region have been tightened under states of emergency and journalists have been arrested on accusations of spreading misinformation concerning the response of authorities to the spread of the novel coronavirus. 

Some countries have sought to centralise the dissemination of official information and banned certain media from regular briefings. 

FOI requests, a vital tool for journalists, have also fallen victim to the virus response; in Moldova, public officials have been allowed to decide alone whether or not to respond, while in Serbia, officials can refuse to respond to questions that are not related to the pandemic. In some cases, state bodies have been told they can delay responding until after a state of emergency has been lifted.

The measures have come in for criticism from rights organisations and raised suspicion that governments are trying to avoid public scrutiny of their response to the pandemic, which in many countries has been slow, chaotic and hampered by shortages of protective equipment for frontline medical staff.

Governments have an obligation to “ensure that measures to combat disinformation are necessary, proportionate and subject to regular oversight,” Dunja Mijatovic, human rights commissioner at the Council of Europe said on Friday.

Describing access to information as a “collateral victim” of government responses, Mijatovic said: “Despite the fact that timely information is essential for the public to understand the danger and adopt measures at a personal level to protect themselves, the filtering of information and delays in responses to freedom of information requests have been observed in several member states.”

Her statement followed a letter to the CoE from ten rights organisations that promote press freedoms and freedom of speech, among them Reporters Without Borders and the International Federation of Journalists, urging the 47-member body to take urgent measures against countries they accused of exploiting the crisis to curb essential freedoms.

Deadlines extended in Romania and Moldova


Romanian President Klaus Iohannis. Photo: EPA-EFE/ROBERT GHEMENT.

In European Union member Romania, President Klaus Iohannis signed a decree on March 16 declaring a 30-day state of emergency, which included a provision doubling the amount of time state institutions have to answer FOI requests.

Media outlets including Dela0.ro have reported that several local branches Health Ministry departments have cited the fight against COVID-19 in refusing to provide information to journalists or deferred questions to the communications office created by the Interior Ministry to centralise information about the crisis.

Likewise in neighbouring Moldova, authorities on Friday tripled the amount of time public bodies have to respond to FOI requests, from 15 days to 45. Media researcher and Independent Press Association, API, journalist Mariana Jacot told BIRN that when she had asked for public information from the Health Ministry she was told that ministry officials have more important things to deal with.

FOI right postponed in Serbia

In Serbia, the government has also extended the deadlines for state institutions to respond to a range of requests, including FOI requests to which institutions now have 30 days to respond once the state of emergency in the country is lifted.

Last week, for example, the Ministry of Trade, Tourism and Telecommunications told BIRN it would respond to an FOI request submitted by BIRN, “within the legal deadlines upon the termination of the state of emergency.”

Serbia’s Commissioner for Information of Public Importance and Personal Data Protection, Milan Marinovic, welcomed the government’s measure in a statement on March 25. 

Marinovic, who was nominated to the post last year by the ruling Serbian Progressive Party of President Aleksandar Vucic, said the move addressed a “number of concerns regarding the course and the calculation of deadlines during a state of emergency.”

His predecessor, however, questioned the way in which the measure was adopted.

“The government can adopt that regulation only when the parliament cannot meet due to objective reasons,” Rodoljub Sabic told BIRN. “The notion that parliament sessions cannot be held now is completely unsustainable, it is complete legal nonsense.”

The Serbian parliament was dissolved on March 15 after the government banned all gatherings of more than 50 people. 

Referring to the trade ministry’s response to the BIRN FOI request, Sabic said: “Your right has practically been postponed.”

“Of course they can answer you. The regulation does not ban it, it only extends the deadlines. If they want, they can answer you.”

“Unfortunately, the regulation puts them in a position where they don’t have to answer the request. They can postpone your right until the state of emergency is over,” he said. “It all comes down to that body’s goodwill.”

Public debate in Montenegro amid pandemic


Delia Matilde Ferreira Rubio, chair of the board of directors of Transparency International. Photo: EPA-EFE/ALESSANDRO DELLA VALLE.

In Montenegro, rights groups have deplored a decision by the government to press ahead with public consultation on proposed amendments to the country’s law on access to information despite the restrictions imposed on public life amid the pandemic.

On March 31, civil society organisations and journalists called for a postponement, arguing that the lockdown had made participatory debate impossible.

The following day, the chair of Transparency International, Delia Ferreira Rubio, warned that any non-emergency legislative measure that requires public consultation should be postponed until full, active participation can be guaranteed.

Nevertheless, the Ministry of Public Administration called for written comments on the amendments to be submitted via the ministry’s official e-mail address by April 13.

The non-governmental Institute Alternative, which promotes good governance and democracy in Montenegro, urged the ministry to wait until the pandemic had passed.

“There is no reason to rush and have a bad discussion during the pandemic,” Stevo Muk said in a press release on April 3. “Especially since neither the government nor the parliament is functioning in a regular way.”

This article was changed on April 7 to amend the time Moldovan authorities have to respond to FOI requests.

Serbian Reporter’s Arrest Over Pandemic Article Draws PM’s Apology

Posted on by BIRD

Serbian authorities have promised to withdraw a new regulation concerning the information flow about the pandemic after a journalist was arrested for reporting poor conditions in an important hospital.

Ana Lalic, who was released from custody on Thursday, was arrested on Wednesday and placed in 48-hours of police custody following publication of her article about conditions in the Clinical Centre of Vojvodina, Serbia’s northern province.

Her media outlet Nova.rs published the text, “KC Vojvodina about to crack: No protection for nurses”, on Wednesday. The article claimed the institution lacked basic equipment and had “chaotic working conditions at the time of the pandemic“.

Lalic claimed she tried to get comments on this from hospital officials and also from the provincial secretariat for health, but none of them responded.

The hospital issued an angry press release following the article, denying her report and announcing that it had informed the prosecutor’s office and the police “due to public disturbance and damage to its reputation”.

Lalic was detained on the first day of the application of new rule that says all information from local institutions about the pandemic must go to central Crisis Staff in Belgrade, led by Prime Minister Ana Brnabic. This alone can can further share information with the public. The government’s decision also applies to the work of the media.

“Information on health measures taken and other information related to the treatment of COVID-19 … given to the public by unauthorized persons, cannot be considered accurate and verified,” the measure says, noting “the possibility of applying regulations relating to liability and legal consequences for the spread of misinformation in a state of emergency.”

However, on Thursday, Brnabic said the government would withdraw the decision, blaming herself for any confusion caused.

“It is my fault that we brought in something like this and it is also my stupidity that when we brought it in, I did not explain it,” Brnabic told to Radio Television of Serbia, concerning the regulation.

Only hours after Nova.rs published Lalic’s article, police came to her home in Novi Sad. Her lawyer, Srdjan Kovacevic, said she was ordered to stay in Novi Sad police station for 48 hours “on suspicion that she could repeat the crime, publishing texts that cause panic and disorder”.

“They searched her apartment and kept a laptop and two mobile phones – official and private. They then brought her to the police station”, Kovacevic told to Nova.rs. He then said Lalic would stay in custody until her hearing.

CoE Urged to Stop Countries Abusing Pandemic to Curb Freedoms

Posted on by BIRD

Singling out Hungary, Slovenia and the Czech Republic as especially worrying examples, ten human rights organisations including Index on Censorship and Reporters Without Borders have written to the Council of Europe and other official bodies, urging them to address the danger of governments misusing the coronavirus crisis to pursue authoritarian policies.

“Several governments across Europe are already using the pandemic to claim extraordinary powers that can undermine democratic institutions, including the free press,” the organisations said. “We believe that some Council of Europe Member States are at risk of derogating from the European Convention on Human Rights,” they noted.

Among the concerns expressed in the letter is an emergency law that aims to tackle false information by penalties of up to five years in jail, limits to press conferences introduced in several countries and an outright ban on them in Slovenia and the Czech Republic. “Such measures must not be allowed to restrict media scrutiny of governments,” the ten organisations say.

They say governments across the world have pushed the boundaries of what they are allowed to do during the COVID-19 crisis, adopting measures including the almost unchecked use of private data collected by mobile phone networks and, in some cases, use of facial recognition surveillance systems that were allegedly conceived before the crisis to tackle dissident activity.

“Our organisations are concerned about the effects of enhanced surveillance measures introduced to monitor the spread of the virus,” the letter said.

“While we recognise the potential benefits in terms of combating the spread of the virus, the use of surveillance must have proper oversight and be clearly limited to tackling the pandemic,” it added.

The letter has been signed by ARTICLE 19, the Association of European Journalists, AEJ, the Committee to Protect Journalists, CPJ, the European Centre for Press and Media Freedom, ECPMF, the European Federation of Journalists, EFJ, the Free Press Unlimited, FPU, Index on Censorship, the International Federation of Journalists, IFJ, International Press Institute, IPI and Reporters Without Borders, RSF.

The letter was published on the Council of Europe website.

Serbian Govt Takes Control of Information Flow About Pandemic

Posted on by BIRD

All local crisis headquarters and medical institutions in Serbia must send any information about the coronavirus pandemic to the central Crisis Staff led by Prime Minister Ana Brnabic – which will then inform the public about anything regarding COVID-19, the government in Belgrade has decided.

“Mayors and municipal presidents and emergency staffs of local government units are obliged to direct all information regarding the condition and consequences of COVID-19 … exclusively to the [national] Crisis Staff, which will carry out the necessary checks and take appropriate measures to inform the public in a timely and accurate manner,” the decision taken on Sunday says.

“Information on health measures taken and other information related to the treatment of COVID-19 … given to the public by unauthorized persons cannot be considered accurate and verified,” the government added by way of explanation, going on to warn of the “possibility of applying regulations relating to liability and legal consequences for the spread of misinformation in a state of emergency.”

As a result, local crisis headquarters in Serbia may no longer inform local communities of developments directly. Media outlets on Tuesday were also notified that they will no longer can get information from local authorities directly.

Dejan Kovacevic, president of the municipality of Gornji Milanovac, told a press conference that while he understood the new rules, local government units will still hold press conferences “as needed about what they have done, and are doing, to mitigate the spread of the virus.

Some NGOs in Serbia have voiced unease with the move to control the flow of information, saying that the solution is not in line with the advice of United Nations experts, or of European Commission President Ursula von der Leyen, who has called for journalists to be allowed to work without obstacles “in order to provide citizens with access to key information”.

Serbia imposed state of emergency on March 15. By April 1, 23 people had died from complications caused by COVID-19 and 900 cases of infection were confirmed in total.

Romania’s State of Emergency Raises Media Freedom Concerns

Posted on by BIRD

The Centre for Independent Journalism, CJI, an NGO that promotes media freedom and good practices in journalism, has raised concern that provisions enacted as part of the state of emergency to combat the spread of the coronavirus in Romania could hamper journalists’ ability to inform the public.

“The most worrying aspect of all this is, from my perspective, the limitations to the access to information of public interest,” Cristina Lupu, executive director of the CJI, told BIRN.

“The lack of transparency of the authorities is a very bad sign and the biggest problem our media is confronting now,” said Lupu, adding that this has negative consequences for the public “who don’t have access to information on time”.

Romania’s President Klaus Iohannis declared a state of emergency across the country on March 16.

The measure, which will be in force for 30 days and can be extended with the approval of parliament, has raised concerns that it might be used to keep information secret.

One of its provisions gives the government power to remove from the public arena information considered to be false, a prerogative that authorities have used in at least three time since March 16.

Although the news sites and articles that were targeted were clearly false, the Organization for Security and Co-operation in Europe, OSCE, warned on Monday about the emergency powers “the removal of reports and entire websites, without providing appeal or redress mechanisms”.

“I share the preoccupation of the Romanian authorities to combat the dissemination of false information related to the health crisis,” the OSCE’s media freedom representative, Harlem Desir, said in a statement.

“However, at the same time, I want to recall the importance of ensuring the free flow of information, which is a key component for providing the public with information on the vital measures needed to contain the virus, as well as the respect for the right of the media to report on the pandemic and governmental policies,” he added.

The OSCE warned of the risk posed by the fact that the government can decide what is fake news and what is legitimate reporting, and that the special extended powers granted under the state of emergency could be used to unduly restrict the work of journalists.

The CJI has started a project called The Newsroom Diary to allow journalists to air “frustrations” about working under the state of emergency.

The lack of responses from official institutions is one of the most common challenges reported in the diary, which is published daily on the CIJ Facebook page. The time in which institutions are obliged to answer requests from journalists has doubled under the state of emergency.

Battling Coronavirus, Moldova Targets Unwanted Media ‘Opinion’

Posted on by BIRD

A short-lived order for media in Moldova to refrain from printing or broadcasting ‘opinion’ and to convey only the position of authorities during a state of emergency imposed to aid the fight against the COVID-19 pandemic has set alarm bells ringing in the former Soviet republic.

The decree was issued on March 24 by Dragos Vicol, president of Moldova’s Audiovisual Council, CCA, the country’s chief media regulatory body, but it was met with a storm of criticism from journalists and media associations.

“Journalists will unilaterally renounce formulating their own opinion or other arbitrary opinions in reflecting on topics concerning the COVID-19 pandemic,” the order read.

The following day, Vicol tried to defend the order, saying it referred only to “unqualified opinion”. The media, he told the TVR broadcaster, should get their information from the World Health Organisation, WHO-approved sites, the government and the health ministry, “not from persons who bear no responsibility.”

His order followed weeks of government criticism of the way Moldovan media have been covering the unfolding crisis, with pro-Russian President Igor Dodon, Prime Minister Ion Chicu and Health Minister Viorica Dumbraveanu repeatedly accusing journalists of printing unverified information and spreading panic.

On March 23, Dodon said Moldovan media were trying “to make a show” of the health situation in Moldova, Europe’s poorest state.

Chicu, the PM, initially endorsed Vicol’s order, while stressing the authorities had no intention of restricting the freedom of the press.


The President of Moldova Igor Dodon (C) speaks with Prime Minister Ion Chicu (R) and Parliament Speaker Zinaida Greceanii (L) about the Coronavirus threat and the measures taken to stop its spread in Moldova. Photo: EPA/Doru Dumitru

But media NGOs and associations were unbowed, and launched a petition calling for the order to be withdrawn. The authorities are concealing information from the public, the director of the Independent Press Association, Petru Macovei, told BIRN, “This is why people need to be informed because quality information is an important point in tackling the pandemic.”

Dodon, who will bid for a second term in an election set for November, eventually distanced himself from the decree. Vicol rescinded it on March 26 “to calm spirits in the society,” but its main provisions will still be discussed during an upcoming session of the CCA.

‘Dangerous precedent’

Regardless of Dodon’s U-turn, media experts said it was unlikely Vicol acted of his accord in issuing the order in the first place.

“I believe that Vicol’s decision was requested by the authorities,” said Cornelia Cozonac, director of the Centre for Investigative Journalism in Chisinau.

Primul in Moldova rebroadcasts content from Russia’s state-owned Channel One.

Vicol’s order stressed that foreign broadcasters in Moldova must also obey the new rules, citing in particular the broadcasting regulator in Romania’s Moldova’s western neighbour and a member of the European Union. It made no mention of the Russian media outlets which hold a large share of the Moldovan market.

 

Aneta Gonta, director of the School of Advanced Journalism Studies in Chisinau, said Vicol’s order should be seen in the context of the pandemic and as “a call for media responsibility and compliance with the law, but also with the Code of Ethics.”

 

But its ban on ‘opinion’, she said, was offensive to medical professionals and others who may have something constructive to say on the issue.

 

Ion Manole, director of the Chisinau-based human rights NGO Promo-LEX, said the pandemic presented the authorities with a powerful temptation to censor the media.

 

“I hope that with this failed attempt such steps will no longer be recorded,” Manole said. “We have a society that has already tasted democracy and I think it will not easily give up on this freedom so hard won in recent years.”

Hungarian Coronavirus Bill Will Have “Chilling Effect” on Media

Posted on by BIRD

Rights groups warn that legislation submitted to the Hungarian parliament, giving the government of Viktor Orban unprecedented power of decree in the fight against COVID-19, would have a “chilling effect” on independent media in the country.

The ‘Bill on Protection against Coronavirus’ was submitted by Orban’s government with the justification that it must be free to act without consulting parliament to confront a virus that has so far, officially, infected at least 261 people in Hungary.

The bill submitted last week amends rules under a state of emergency to give the government the power to rule by decree and suspend any existing law. It would permanently amend the criminal law to introduce punishment of one to five years in prison for anyone convicted of spreading “falsehood” or “distorted truth” deemed to obstruct efforts to combat the pandemic.

No elections or referenda can be held for the duration of the state of emergency and only the government or a two-thirds majority in parliament can lift it. Orban’s right-wing Fidesz party holds such a supermajority.

The Hungarian Civil Liberties Union, HCLU, an NGO, warned of a devastating effect on Hungarian media after years of Fidesz rule during which right groups say the government has dismantled media freedoms and pluralism.  

“Once the legislation enters into force, it could have a chilling effect, and its timing and social context could lead to self-censorship among journalists,” the group said.

The way the bill is worded means someone could be prosecuted for ‘obstructing’ any number of government measures – from healthcare to education, border control and the economy – justified by the fight against COVID-19.

HCLU cautioned in particular that the term ‘distorted’ could be interpreted in a range of ways by the courts and “could be applicable even to someone who disputes the credibility of official statements.” Entire outlets face being shut down if police seize servers as evidence.

‘Dictatorial powers’

Media pluralism has been in decline for years in Hungary, with pro-government outlets now dominating the media landscape.

“Orban’s terrible track record on press freedom creates the suspicion that the law is aimed at the last remnants of an independent press in Hungary,” Kim Lane Scheppele, an expert on authoritarian regimes at Princeton University, wrote on March 21.

The bill would give Orban “dictatorial powers”, she wrote, and “end the appearance of constitutional and democratic government.”

On Monday, the opposition in parliament blocked a government move to pass the bill in an urgent procedure, but Fidesz is expected to push it through next week using its two-thirds supermajority.

A spokesman for the European Commission declined to comment on the bill directly, but noted that “all emergency measures should be temporary in nature and address a particular crisis situation.”

“Democracy cannot work without free and independent media,” said the spokesman, Christian Wigand. “In times of crisis it is more important than ever that journalists can do their job properly, precisely so to avoid disinformation.”

The European Parliament also expressed concern.

Any extraordinary measures during a pandemic “should always ensure that fundamental rights, rule of law and democratic principles are protected,” Juan Fernando López Aguilar, chair of the parliament’s Civil Liberties Committee, said in a statement.

Aguilar called on the Commission to look at whether the bill “complies with the values enshrined in Article 2 of the Treaty on European Union and to remind member states of their responsibility to respect and protect these common values.”

In a letter to Orban, Council of Europe Secretary General Marija Pejcinovic Buric said that an indefinite and uncontrolled state of emergency “cannot guarantee that the basic principles of democracy will be observed and that the emergency measures restricting fundamental human rights are strictly proportionate to the threat which they are supposed to counter.”

“…democratic debate in national parliaments, in the media and the internet, as well as access to official information and documents are essential elements of any free and democratic order and of particular importance in crisis situations to maintain trust and confidence within society,” she wrote.

Concern for Rights in Montenegro amid COVID-19 Fight

Posted on by BIRD

Rights groups in Montenegro are warning of a threat to data privacy rights, free speech and media freedoms in the former Yugoslav republic under cover of the government’s fight against the COVID-19 pandemic.

Montenegro, a country of some 630,000 people, has at least 29 confirmed cases of the novel coronavirus and one death. Since the outbreak, police have stepped up action against those accused of spreading false information and, ignoring the protests of opposition and rights organisations, published the names of people required to self-isolate due to the virus.

The country, which has been run by the same party for the past three decades, has a long record of restricting human rights and violating data privacy rights.

Activists fear the government will exploit the COVID-19 pandemic to clamp down further. The government says its overriding priority is to protect the lives and health of Montenegrin citizens.

“I am afraid that an attempt to deal with one danger could create another danger,” said Daliborka Uljarevic, executive director of the Podgorica-based Centre for Civic Education.ducation.

Dozens arrested

On March 13, a court imposed 30 days custody for a Montenegrin man who wrote on Facebook that state officials were concealing the true extent of the pandemic.

On March 22, another man was arrested on suspicion of falsely claiming that he had been infected.

The next day, police announced that 60 people had been charged with violating the restrictions imposed by the government to combat the spread of COVID-19, including those accused of spreading ‘fake news’ and others who opened restaurants after the government ordered them closed.

The same day, in the coastal town of Kotor, a Russian citizen was arrested after she wrote on Instagram that around 1,000 people had been infected by the virus in Montenegro and that six people had died of complications.

Authorities have used such tactics before, arresting two NGO activists in January over their Facebook posts during protests organised by the Serbian Orthodox Church against a controversial freedom of religion law. Three journalists were also detained on suspicion of causing panic and public disorder in their writing.

Concern over government respect for law

Uljarevic said the government had performed well so far in combating the virus, but that it should work more closely with all social and political actors.

“As a society we are facing a big problem and it requires the institutional mobilisation of a wider range of socio-political actors, especially when it comes to some moves that have an effect on different structures and can lead to the vulnerability of parts of society,” Uljarevic told BIRN.

Opposition Social Democratic Party, SDP, MP Rasko Konjevic said the government should make it stays within the law in dealing with the pandemic.

“This situation is extremely serious and it is important for the state to show its organisation and strength but not to forget the Constitution and laws,” he said. “It’s important that we are all equal before the law.”

Concern rose on March 22 when the government published the names of those people ordered to self-isolate, arguing that some had chosen not to respect the order.

The government said it had received the consent of the Agency for Personal Data Protection, and the the lives and health of Montenegrin citizens came first.

Opposition parties and civil society groups were outraged.

Further concerns have been raised over a number of economic decisions issued by the government without consulting parliament, despite provisions in the constitution that specify such decisions can only be taken by the government under a state of emergency. Montenegro has not declared a state of emergency.

Konjevic said the government should consult more widely. “They could share responsibility with others,” he said.

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