Addressing hostile political rhetoric
Hostility and undermining the integrity of journalists by public authorities (paragraph 15 of the Guidelines)
Indicators
Risks |
Measures to avert/remedy the risks |
Hostility and undermining the integrity of journalists by public authorities |
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Reference texts and other relevant sources
Statistics on psychological violence against journalists
A vast number of journalists report experiencing psychological violence from public authorities. From all respondents interviewed for the study “Journalists under pressure”, 43% claimed to have been intimidated by political groups. Such intimidation may take various forms, whether it is judicial harassment,[1] verbal attacks and threats of reprisals for unfavourable reporting or through other more indirect means. These include coercion or pressure, by way of violence, threats, financial penalties or inducements to derogate from accepted journalistic standards and professional ethics and to engage in the dissemination of propaganda or disinformation. Alerts on the Council of Europe Platform to promote the protection of journalism and safety of journalists provide numerous examples of such instances.
[1] Fear and experience of arrest, investigation, threat of and actual prosecution through the arbitrary use of different types of laws.
Self-restraint and condemnation of attacks on journalists by public authorities
The United Nations High Commissioner for Human Rights has stressed that unequivocal political commitment must be expressed by governments to ensure that journalists can carry out their work safely. In this regard, a clear public position should be taken at the highest levels of government regarding the important role of journalists in society and the need to ensure their full protection from violations of their rights.[1]
The OSCE the Representative on Freedom of the Media further highlighted that any threat to and intimidation of journalists (whether originating from state or non-state actors) must be met with a strong public condemnation by political and public figures, in order for the public to recognise that this behaviour is not accepted and will not be tolerated.[2]
The Inter-American Court of Human Rights in its case-law has gone as far as stating that state officials should consider the swift and energetic condemnation of attacks on journalists and media workers as an aspect of their duty to punish those responsible, but also as an aspect of their duty to prevent.[3]
[1] “The safety of journalists”, Report of the Office of the United Nations High Commissioner for Human Rights, A/HRC/24/23, 01/07/2013, page 50.
[2]OSCE the Representative on Freedom of the Media, Dunja Mijatović , Communiqué on the growing safety threat to female journalists online, 02/2015.
[3] The Inter-American Court of Human Rights, Rios et al. v. Venezuela, Preliminary Objections, Merits, Reparations, and Costs, Judgment of 28 January 2009, Series C no. 194, paragraph 148.
Valuable practices and initiatives which provide guidance in this area
Condemnation of all attacks on journalists and other media actors by the authoritiesCondemnation of all attacks on journalists and other media actors by the authorities
- In Belgium, in 2018 the Prime Minister reprimanded his spokesperson who had attempted to intimidate journalists from addressing questions to a visiting dignitary.
- In Northern Ireland, in April 2019 representatives of the main political parties, the Prime Minister and the Secretary of State issued public statements deploring the death of journalist Lyra McKee in the context of a suspected terrorist incident.
- In Montenegro, the President, the Prime Minister and other representatives publicly condemned the brutal attack on the journalist Olivera Lakic, describing it as an attack on democracy.
Comprehensive national action plans and campaigns
- In Sweden, the Government has issued an Action Plan on “Defending free speech – measures to protect journalists, elected representatives and artists from exposure to threats and hatred”. The Action Plan aims to safeguard politically elected representatives, journalists and artists due to the central role they play in democracy and their “exposure to threats and hatred” by: gaining deeper knowledge of the scale of the phenomenon; providing basic support for all those exposed; devising specific measures for, among others, journalists and editorial offices; and ensuring international cooperation for the protection of journalists and artists.
- In the UK, in November 2018 the Foreign Secretary launched a campaign to deliver international action on media freedom and protection for journalists. The campaign aims to promote: stronger protection of journalists, a reduction in the number of attacks and the easing of state restrictions on freedom of the media and freedom of expression; to mobilise a global spotlight on media freedom and increase the costs to governments and others abusing media freedom; and to host an international conference bringing together government ministers and officials, the diplomatic community, international agencies, civil society organisations, NGO’s, academics and journalists to debate the issues and deliver concerted action.
- In the Slovak Republic, the Ministry of Culture has set up a Temporary Working Group for Legal Protection of Journalists in order to strengthen the protection of journalists and to prepare legislative proposals aimed, among others, at addressing the protection of journalistic sources, the protection of journalists from unjustified prosecution for defamation.
International cooperation initiatives
- At the Global Conference for Media Freedom (London, 10-11 July 2019), organised under the UK campaign to deliver international action on media freedom and protection for journalists, the following initiatives were launched:
- The set-up, with other governments, of a new Global Media Defence Fund, to be administered by UNESCO and to help fund legal advice for journalists and safety training for those operating in conflict zones to take forward the UN Plan of Action on the Safety of Journalists.
- The set-up of an international task force to help governments deliver their commitments on media freedom, including by developing national action plans. Every year at the UN General Assembly, progress of the task force will be reviewed.
- The set-up of an independent high-level panel of legal experts to advise countries on how to strengthen the legal protection of journalists. Its aim is to examine legal and policy initiatives that states can adopt and to issue recommendations. Amongst the possible recommendations/areas of action, the following were referred to:
- The possible institution of a sanction regime issued by state authorities against states that violate media freedom;
- Visas for persecuted journalists;
- International investigation teams to be deployed in serious crimes committed against journalists;
- promoting best practice and model legislation to protect a vibrant free press and supporting governments to repeal legislation that is outdated or restricts media freedom;
- proposing legal and other initiatives that can be taken by governments to ensure existing international obligations relating to media freedom are enforced;
- advising on any new international commitments by governments that would help to prevent and reverse media abuses.
- The creation of a contact group of likeminded countries that would operate as a rapid response mechanism, helping foreign ministers and ambassadors to react with one voice when abuses of media freedom take place.
- The signing of the Global Pledge on media freedom pledging to work together as a coalition and a commitment to:
- speak out and take action together on cases where journalists and media organisations are at risk, through a Media Freedom Coalition. States would commit to speaking out and issuing sanctions for violations of media freedom;
- shine a light on violations and abuses of media freedom, bringing them to the attention of the global public and working towards accountability;
- stand together to intervene at the highest level with the governments of countries where media freedom is at risk and to show solidarity/support with countries that work to build media freedom. In this connection, support governments that create national frameworks and action plans to implement the UN Plan of Action on the Safety of Journalists;
- harness the power of diplomatic networks, through a new Media Freedom Contact Group;
- meet annually to renew commitments and to address emerging threats and opportunities.
- In its report on “Protecting human rights defenders in Council of Europe member States”, the PACE expresses openness to take the initiative to (a) foster international cooperation between national parliaments in exchanging information on good practices concerning promotion of the activities of human rights defenders and on abuses against them and (b) establish a network of parliamentarians, who would be supportive of human rights defenders’ work, would condemn any reprisals against them and bring the situation of defenders in other countries to the attention of their own parliaments.
Suggestions for implementation
Condemnation of all attacks on journalists and other media actors by public authorities
- When state officials and public figures undermine or attack the integrity of journalists and other media actors, it is important that such verbal attacks or threats are exposed and mediatised in order to hold them to account.
- When state officials and public figures undermine or attack the integrity of journalists and other media actors, the attacks must be condemned by other public figures, including through seeking public apologies to journalists and reviewing any adverse action taken (e.g., not granting accreditation).
- Parliaments should adopt codes of conduct for MPs requiring, among others, that they:
- Refrain from undermining or attacking the integrity of journalists and other media actors;
- Refrain from coercing/inducing/pressurising journalists into abandoning professional standards and disseminating propaganda;
- Condemn all instances of threats and violence against journalists and other media actors.
Comprehensive action plans and campaigns
- A clear public position should be taken at the highest levels of government regarding the important role of journalists in society, for instance, through adoption of a national action plan to protect journalists and other media actors.
International cooperation
- Governments, parliaments and other public authorities should engage in international cooperation with a view to exchange good practices for the protection of media freedom, prevention and reversion of abuses against the media.