News on notable legislative changes and other legal issues. Special attention is paid to significant trials marking the emergence of some new jurisprudence
The Higher Regional Court of Hamburg has ruled that the plaintiff's interest against the footage made of him did not outweigh the broadcaster's freedom of the press, which also includes research work and collecting information and footage
The European Commission refused a German Pirate Party deputy access to Austria-related written submissions. After the party deputy filed a lawsuit, the European Court of Justice decided in his favor, in accordance with a decree overseeing access to EU government documents
Dealing with complaints about the coverage of the refugee crisis, the German Press Council legitimizes the use of emotional pictures if they serve the public interest by showing the result of war and the risky business with smuggling gangs
On 8 December 2015, the 6th Senate of the Higher Administrative Court of Berlin-Brandenburg decided that the Federal Government is not obliged to give information to a representative of the press on a report of the German ambassador in Ukraine
The European Parliamentary Research Service (EPRS) provides with this short briefing, an effective contextualization of the legal framework and the challenges for Press freedom in the EU
The Romanian Senate rejected the draft of a law that legislators say intended to fight corruption by rewarding investigative journalists and other whistleblowers. The proposed law called for a special fund that would support people who reported on corruption via the mass media or via complaints to investigating and prosecuting bodies
A German court ruled that the interest of the public in the case of a dentist under investigation for aggravated assault takes precedence over the plaintiff's right to privacy. The plaintiff had sued for an injunction to stop a newspaper from publishing further articles pertaining to the case where he could be easily identified
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
