News on notable legislative changes and other legal issues. Special attention is paid to significant trials marking the emergence of some new jurisprudence
Recently, ECPMF reported on a ECtHR case concerning the “right to be forgotten” vis-à-vis two convicted criminals. A more in-depth analysis of this case follows, including a look into the question of judicial balancing online
A thematic fact-sheet by the Platform to promote the protection of journalism and safety of journalists of the Council of Europe that discuss a number of ECtHR cases on the media coverage of protests and demonstrations
Following the assassination of Maltese journalist Daphne Caruana Galizia, a group of European MEPs is calling on the EU Commission to promote an anti-SLAPP EU directive, to counter the attempts at silencing investigative journalism. A backgrounder on the use of the acronym “SLAPP”.
Since mid-April 2018 the Russian authorities have, rather unsuccessfully so far, been attempting to block the “Telegram” messenger, which is an anonymous Internet communication tool. This brief item discusses the context and consequences of the decision
As measures against fake news are widely debated across Europe, the protocol adopted by the Italian Interior Ministry on the eve of political elections, enabling the Postal Police to fact-check and report contents, has caused concern in the public debate
Frivolous legal cases against investigative journalists are often deployed as a strategy to silence them, ultimately seeking to hinder their work. A legal analysis on three cases involving defamation charges against Italian journalist Amalia De Simone
Ossigeno per l’Informazione and the Italian Coalition for Civil Liberties and Rights explain their work for journalists and non-profit associations who face legal charges or need legal assistance
Two recent landmark judgements in Montenegro seek to end impunity for crimes against journalists, reversing a long-lasting trend and holding authorities responsible for failing to investigate attacks against journalist Tufik Softić
In the field of the media law, Serbian courts are reluctant to adapt to European Court of Human Rights case-law. Serbian NGO YUCOM identified a number of gaps in the jurisprudence and formulated recommendations to address them
Recently the European Court of Human Rights declared thousands of cases from Turkey inadmissible for failure to exhaust newly-available domestic remedies. The authors look at the context and content of the inadmissibility decision
The EU Audiovisual Media Services Directive (AVMSD) governs EU-wide coordination of national legislation on all audiovisual media, both traditional TV broadcasts and on-demand services
Article 10 of the European Convention on Human Rights (ECHR) is devoted to Freedom of expressions and defines the admissible conditions under which this freedom may be restricted
The charter formulates principles for the freedom of the press from government interference - in particular for their right to safety from surveillance, electronic eavesdropping and searches of editorial departments and computers, and to unimpeded access for journalists and citizens to all domestic and foreign sources of information
The UN Human Rights Committee's fundamental remarks on Article 19 of the International Covenant on Civil and Political Rights (ICCPR) on freedoms of opinion and expression
Adopted on 12th June 2019 in Tunis, the IFJ Global Charter of Ethics for Journalists completes the IFJ Declaration of Principles on the Conduct of Journalists of 1954 (the Bordeaux Declaration) and is based on major texts of international law
European Parliament resolution of 25 November 2020 on strengthening media freedom: the protection of journalists in Europe, hate speech, disinformation and the role of platforms (2020/2009(INI)). On 25 November 2020 the European Parliament adopted a very important resolution tackling many aspects of media freedom
This action plan addresses the EU institutions, national governments and parliaments, as well as other national authorities, political parties, media and civil society, and online platforms. It sets out a reinforced EU policy framework and specific measures to promote free and fair elections and strong democratic participation; support free and independent media; counter disinformation
For the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs, the Rapporteurs MEP Tiemo Wölken and MEP Roberta Metsola drafted an initiative report with a motion for a EP Resolution about SLAPPs
With 111 votes in favor, 4 against and 16 abstensions, the PACE adopted a resolution promoted one year and a half ago by the Italian Roberto Rampi. The motion stated that "today, human rights, democracy and the rule of law are challenged by post-truth narratives, which are unfortunately gaining strength and public support. At the same time, the concentration and lack of transparency of media ownership hamper true media pluralism, and recurrent attempts to manipulate public opinion undermine constructive public debate. In this alarming context, people are losing their entitlement to a free and conscious self-determination, and public trust in media and democratic institutions is declining"
In the present report, submitted in accordance with Human Rights Council resolution 34/18 , the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression explains how those standards provide a framework for Governments considering regulatory options and companies determining how to respect human rights online
Approved by the European Parliament on 11 November 2021 with 444 votes in favour, 48 against and 75 abstained, this initiative by the LIBE and JURI Committee aims at tackling the abuse of legal tools that threatens freedom of expression
The United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, and the Organization of American States (OAS) Special Rapporteur on Freedom of Expression, published this joint declartion in April 2020
Beside proposing a Directive on transnational cases, the European Commission issued a Recommendation to Member States to tackle SLAPPs at national level
The joint communication to the European Parliament, the Council, the European Economic and Social Committee and the Committe of the Regions stresses that for cyberspace to remain open and free, the same norms, principles and values that the EU upholds offline, should also apply online. Fundamental rights, democracy and the rule of law need to be protected in cyberspace
The NIS Directive is the first piece of EU-wide legislation on cybersecurity. It provides legal measures to boost the overall level of cybersecurity in the EU
The Cybersecurity Act strengthens the EU Agency for cybersecurity (ENISA) and establishes a cybersecurity certification framework for products and services
After the assassination of Daphne Caruana Galizia in Malta in October 2017 and Jan Kuciak in Slovakia in February 2018, three MEPs promoted the adoption of this Resolution and continued advocating for anti-SLAPP measures and intiatives to protect journalists
The EU Cybersecurity Strategy aims to build resilience to cyber threats and ensure citizens and businesses benefit from trustworthy digital technologies; it was revised on 16 December 2020
At the General Affairs Council of 21 June 2022, the Council of the European Union approved conclusions on the protection and safety of journalists and media professionals
