EU’s 2023 Rule of Law Report highlights threats to safety of journalists

The fourth Rule of Law report makes specific recommendations to 19 individual EU member states, urging them to take measures to protect journalists, media freedom and pluralism.

This statement was originally published on europeanjournalists.org on 10 July 2023.

The European Federation of Journalists (EFJ) welcomes the publication on Wednesday 13 July of the Report on the Rule of Law by the European Commission. This fourth annual report again highlights the threats to media pluralism and the safety of journalists in EU Member States. This is further proof of the urgent need for a strong European Media Freedom Act and other measures to compel Member States to take action.

The fourth EU Rule of Law report features specific recommendations targeted at individual member states. This year, 19 EU countries – compared to 16 last year – have been urged to take measures to protect journalists, media freedom and pluralism (see details below), many of them regarding access to information, but also the independence of national media regulators, transparency of media ownership and state advertisement, and protection of journalists. The findings of the report are built on a series of sources, in particular the Media Pluralism Monitor (MPM 2023).

It is worth noting that some steps in the right direction have been made when it comes to protecting journalists’ safety. So says the text:

“Several Member States have adopted measures to improve the safety of journalists, in line with the 2022 report recommendations. In Greece, a specialised task force has been established, whose work includes the setting up of an observatory to record threats and attacks against journalists and a dedicated international training centre for the safety of journalists and media professionals. In Belgium, measures such as training for journalists, ad hoc legal and non-legal assistance, and a platform to report attacks have been launched. In Sweden, the Government has taken steps to increase criminal law protection for journalists, as a growing number of instances of hate speech, threats, and insults have been reported. In Finland, the Criminal Code has been amended to address online threats directed towards female journalists by making restraining orders against perpetrators more effective. In Ireland, the National Union of Journalists and other media organisations set up a ‘media engagement group’ with the national police to discuss threats and violence against journalists and monitor their safety, with the intention to serve as a direct reporting system to the police. In a number of other Member States, reforms remain pending.”

The report further stresses the urgent need for effective safeguards against SLAPPs to prevent such harassment from silencing journalists and create a chilling effect on media freedom and freedom of expression. Defamation is one of the most common grounds on which SLAPPs are brought against journalists.

On transparency of media ownership the report says that new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and strengthened in Cyprus.

EC Vice-President Vera Jourova said at the press conference that “better protection of journalists are needed everywhere and that it is high time to agree on the European Media Freedom Act.”

“While we read in this report that some progress has been achieved, when it comes to legislation on independence of public service media or media regulators and actions on safety, we have not felt such progress in journalists’ everyday reality,” said Maja Sever, EFJ President. New pressures on the ground threaten ever more the survival of journalism as a public good. We therefore repeat the urgent need for a strong European Media Freedom Act with robust enforcement mechanisms.”

These are the 19 member states that have received suggestions on how the media could be strengthened in the report’s country-specific recommendations:

• Austria: Take further steps to reform the framework for the allocation of state advertising by public authorities at all levels, in particular to improve the fairness of its distribution.
• Belgium: Continue efforts to strengthen the framework for access to official documents, in particular by improving request and appeal processes, taking into account European standards on access to official documents.
• Bulgaria: Advance with the work aimed at improving transparency in the allocation of state advertising, in particular with regard to state advertising contracted through intermediaries, such as media agencies.
• Croatia: Advance with strengthening the framework for a fair and transparent allocation of state advertising, by establishing clear criteria, good practices and oversight measures to guarantee the effective functioning of the public tender procedure for local and regional media; Make further efforts to address the issue of strategic lawsuits against public participation targeted at journalists, including by reviewing the legal provisions on defamation and encouraging wider use of procedural rules that allow dismissing groundless lawsuits, taking into account the European standards on the protection of journalists.
• Cyprus: Adopt legislation to ensure fair and transparent distribution of advertising expenditure by the state and state-owned companies; Advance with the process aimed at strengthening the rules and mechanisms to enhance the independent governance of public service media taking into account European standards on public service media.
• Czechia: Complete the revision of legislation on conflicts of interest, including by clarifying the definition of beneficial ownership and progress with further reforms relating to transparency of information on media ownership; Advance with the process aimed at strengthening the rules and mechanisms to enhance the independent governance of public service media taking into account European standards on public service media.
• Denmark: Advance with the process to reform the Access to Public Administrative Documents Act in order to strengthen the right to access documents, in particular by limiting the grounds for rejection of disclosure requests, taking into account the European standards on access to official documents.
• France: Step up efforts to improve the transparency of media ownership, in particular, complex shareholding structures, building on the existing legal safeguards.
• Germany: Advance with the plan to create a legal basis for a right to information of the press as regards federal authorities, taking into account European standards on access to official documents.
• Greece: Take forward the process of adopting non-legislative safeguards and start the legislative process in relation to the protection of journalists, building on the activities initiated by the Task Force, in particular as regards abusive lawsuits against journalists and their safety, in line with the adopted Memorandum of Understanding and taking into account European standards on the protection of journalists
• Hungary: Introduce mechanisms to enhance the functional independence of the media regulator taking into account European standards on the independence of media regulators; Strengthen the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account European standards on public service media; Adopt legislation to ensure fair and transparent distribution of advertising expenditure by the state and state-owned companies.
• Ireland: Advance with the reform of the Defamation Act to improve the professional environment for journalists taking into account European standards on the protection of journalists.
• Italy: Continue the legislative process to reform and introduce safeguards for the regime on defamation, the protection of professional secrecy and journalistic sources, taking into account the European standards on the protection of journalists.
• Malta: Adopt legislative and other safeguards to improve the working environment of journalists, including on access to official documents, taking into account European standards on the protection of journalists and on access to official documents; Strengthen the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account European standards on public service media.
• Poland: Ensure that fair, transparent and non-discriminatory procedures are adhered to for the granting of operating licences to media outlets; Strengthen the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account European standards on public service media.
• Romania: Step up efforts to strengthen the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account the European standards on public service media.
• Slovenia: Take forward the process of adopting non-legislative safeguards and start the legislative process in relation to the protection of journalists, particularly online, taking into account European standards on the protection of journalists.
• Slovakia: Advance with the process to establish legislative and other safeguards to improve the physical safety and working environment of journalists, including the reform of defamation law, taking into account European standards on the protection of journalists; Continue with the process of strengthening the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account the European standards on public service media.
• Spain: Advance with strengthening access to information, in particular via revision of the Law on Official Secrets, taking into account European standards on access to official documents.