Media freedom and pluralism are part of the rights and principles enshrined in the European Charter on Fundamental Rights and in the European Convention of Human Rights. Moreover, the Copenhagen criteria for membership in the EU include the existence of guarantees for democracy and human rights. Following that, in its resolutions of 21 May 2013 on the EU Charter: Standard settings for media freedom across the EU, and of 3 May 2018 on media pluralism and media freedom in the European Union, the European Parliament consistently called on the Commission to propose and apply various policies, procedures and mechanisms to safeguard media pluralism and journalists as main relevant actors.
In its 2018 Resolution on Media pluralism and media freedom in the European Union, the European Parliament noted the recent political developments in various Member States that have led to increased pressures on and threats against journalists. Parliament asked the Commission and the Member States to promote and elaborate new socially sustainable economic models aimed at financing and supporting quality and independent journalism. Member States are urged to set up an independent and impartial regulatory body to report violence and threats against journalists and to ensure the protection and safety of journalists at national level, stressing the importance of ensuring efficient legal recourse procedures for journalists whose freedom to work has been threatened, so as to avoid self-censorship. The Commission is invited to propose an anti-SLAPP Directive (strategic lawsuit against public participation) that would protect independent media from vexatious lawsuits aimed at silencing or intimidating them in the EU.
On 19 October 2020, the European Commission presented its 2021 work programme, which included as one of its priorities ‘A New Push for European Democracy’. Under this priority, the Commission announced its intention to issue an initiative against abusive litigation targeting journalists and rights defenders, which is scheduled for the fourth quarter of 2021.
On 25 November 2020, the European Parliament adopted a Resolution on strengthening media freedom: the protection of journalists in Europe, hate speech, disinformation and the role of platforms. In it, the European Parliament condemns the use of SLAPP to silence or intimidate investigative journalists and outlets and create a climate of fear around their reporting of certain topics. It also strongly reiterates its call on the Commission to come forward with a comprehensive proposal for a legislative act aiming to establish minimum standards against SLAPP practises across the EU and to propose an anti-SLAPP directive.
On 3 December 2020, the European Commission presented its Democracy Action Plan to empower citizens and build more resilient democracies across the EU. It is a non-legislative initiative announcing further steps, including legislative ones. Protecting and strengthening European democracy and in particular European elections and combating the threat of disinformation raise challenges that cannot be addressed by national or local action alone. The Plan is centred around the individual rights and freedoms, transparency and accountability and includes the Initiative against abusive litigation targeting journalists and rights defenders as part of it.
Vice-President of the Commission for Values and Transparency, Věra Jourová, said:
“Such initiatives allow journalists from all over Europe to combine their talents and keep us well-informed. The Commission is determined to increase its support for these types of projects and present new initiatives, particularly in order to improve the protection of journalists, in the framework of the European Democracy Action Plan, which will be adopted by the end of the year.”
Commissioner for Internal Market, Thierry Breton, explained:
“We tirelessly stand for independent media and support the initiatives aimed at promoting media freedom and pluralism in Europe. The Commission’s efforts to assist news media in their recovery will be completed by the Media and Audiovisual Action Plan, which will contribute to stimulating their digital transformation in the future.”
Journalists, Parliamentarians and NGOs in Europe have welcomed the new initiative by Vice President Věra Jourová for her supportive action to media freedom and pluralism. The NGOs and the civil society in Europe eagerly look forward to the new plans and proposals which would allow them to work closely with independent media, focusing on critical reporting, transparency and new platforms created for investigative journalism. This is a corner stone for public engagement in fighting corruption, fraud and the misuse of taxpayers’ money in Europe. It is imperative that at this stage the allocation of €61 million for media pluralism be awarded in a transparent way without heavy bureaucratic procedures. Furthermore, it is imperative that the budget of this multiannual programme be substantially increased in the coming years.
Critical and objective journalism, investigative journalism, as well as local and national press in a number of countries are under severe pressure and need transnational European support by the European Union. The world index, carefully compiled each year by the Reporters without Borders, monitors freedom of press in terms of pluralism, independence, legislative framework, abuses, attacks against journalists and reporters. It rated at least a quarter of EU member States as grossly violating these principles. Judicial cases into wide scale harassment and the killing of journalists reporting on corruption and misuse of EU funds by governments and oligarchs in EU member states during the past years are still not being terminated with clear verdicts, clear indictments and the appropriate sanctions. The institutions of the European Union currently play a minor if not totally marginal role in defending free independent press and journalists in the member states of the European Union. This is something that the new EU policies must change.
Despite the fact that freedom of press is guaranteed by all EU Member States’ constitutions, some governments have curtailed this fundamental freedom by getting control over the media and using them as an instrument for political pressure and manipulation of public opinion. Whereas the situation is more critical in some European countries, the majority of EU member countries, even those with a high degree of freedom of press, need to be carefully monitored as well.
Is the European Commissions’ new EU Democracy Action Plan – envisaging a 61 million euro budget made available for protecting free press – going to effectively prevent curtailment of and pressure on independent journalism and protect journalists in the European Union who are investigating corruption, misuse of funds and political power? Is the recent report by the EC reviewing the rule of law, independence of judiciary and freedom of press in the 27 EU member states the right tool in both form and quality for decision makers?
Vice-President for Values and Transparency, Věra Jourová, said: “Democracy cannot be taken for granted; it needs to be nurtured and protected. Our plan aims at protecting and promoting meaningful participation of citizens, empowering them to make their choices in the public space freely, without manipulation. We need to update the rules to harness the opportunities and challenges of the digital age.”
Useful links on EU Policy
- European Commission, Commission Work Programme 2021. Annexes, 19 October 2020
- European Parliament, Resolution of 3 May 2018 on Media pluralism and media freedom in the European Union, 2017/2209(INI)
- European Commission, Follow-up to the European Parliament non-legislative resolution of 3 May 2018 on media pluralism and media freedom in the European Union, SP(2018)482
- European Parliament, Resolution on strengthening media freedom: the protection of journalists in Europe, hate speech, disinformation and the role of platforms, 2020/2009(INI)
