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Last week a UK court ruled that a tabloid newspaper likely did defame Harry, Duke of Sussex and that his claim should move to the trial phase. To say that a newspaper founded on big headlines and low regard for veracity is like proclaiming that water is wet. Other news in the UK this past week, obviously, far overshadowed this court hearing.
The Duke of Sussex claimed an article in Mail on Sunday last February was defamatory for implying he had “lied” about certain security arrangements, part of a separate High Court claim, and “tried to manipulate public opinion.” He requested aggravated damages for libel, an injunction against the tabloid re-publishing its claims and ordering it to publish the court’s judgement. “It may be possible to spin facts in a way that does not mislead, but the allegation being made in the article was very much that the object was to mislead the public,” said High Court Justice Matthew Nicklin in ruling, quoted by ITV (July 9). “That supplies the necessary element to make the meanings defamatory at common law.” (See more about defamation law here)
Mail on Sunday is a weekly right-wing UK tabloid. It is published by Associated Newspapers, subsidiary of Daily Mail and General Trust (DMGT), owned through inheritance by Jonathan Harmsworth, Viscount Rothermere, and is editorially separate from sister newspaper Daily Mail. When the infamous tabloid News of the World, published by News International, subsidiary of News Corporation, principally owned by the Murdoch family, was forced to close in 2010 amidst the phone hacking scandal, huge readership benefit accrued to Mail on Sunday. (See more about media in the UK here)
UK publishers have had a long-standing defence against defamation claims. The “Reynolds defence” - Reynolds v Times Newspapers (1999) - allowed publication of anything that “showed they had engaged in responsible journalism serving the public interest.” The Defamation Act (2013) created a specific defence for “publication on a matter of public interest.” Lawyers for Associated Newspapers will now have an opportunity to make a public interest case.
A Philippines appeals court upheld a lower court conviction of Rappler chief executive Maria Ressa and reporter/researcher Rey Santos Jr for violating the country’s cyber libel law, reported Philippines Star (July 8). The court disallowed the appeal for exceeding time allowed for appeals. News portal Rappler was ordered closed in June by the country’s Securities and Exchange Commission (SEC). That, too, is being appealed.
More than a decade ago - May 2012 - Rappler published an investigation of corrupt links between now-former Supreme Court Chief Justice Renato Corona and businessman Wilfredo Keng. Five years later (2017) Mr. Keng filed a complaint under the Cybercrime Prevention Act (cyber libel), signed into law several months after the Rappler publication. That complaint came to trial in 2019 with a verdict to convict in 2020. Ms Ressa and Mr. Santos filed an appeal. Rappler itself had been part of the original complaint but the court dismissed those charges.
Under simple libel law i(defamation) n the Philippines complaints must be adjudicated within 12 months. The cyber law, which required amendments due to text errors, complaints can be heard for 12 years. Press freedom and human rights advocates universally criticized the law and its application against Ms Ressa and Mr. Santos. Last year Mr. Keng withdrew from a related cyber libel complaint against Rappler et.al. Justice Renato Corona was impeached, convicted and removed from the Court. He died of a heart attack in 2016. Mr. Santos resigned from Rappler in 2016 and took a position with the Philippine Customs Bureau. Ms Ressa was honored with the 2021 Nobel Peace Prize.
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Journalistic intrusion is never forgotten by ruthless autocrats. They want punishment sufficiently severe to prevent the prying eyes and cameras from letting people know of their terror. Long terms in prison camps is fitting for those who dare to tell the story.
RSF/Germany managing director Christian Mihr levelled his ire at Belarusian authorities for continuing to lock up several media workers for simply doing their jobs. One case in point is Belsat TV reporter Katerina Andreyeva who, with camera operator Darya Tschulzowa, were scooped up after filming a protest in 2020. They were sentenced to two years, served in a penal colony. By rights, if that’s the word, they should be released this autumn. But, new charges have been levelled for treason and a new trial began July 4. (See more about media in Belarus here)
"The new trial of Katerina Andreyeva shows how far the Belarusian authorities have now gone to take revenge for independent reporting on the 2020 protests,” said Herr Mihr, quoted by German daily Frankfurter Allgemeine Zeitung (FAZ) (July 7). There have been other arrests, trials and prison sentences for media workers in Belarus, eight arrested in June alone. “In the shadow of the Ukraine war, it is about a complete removal of independent news and divergent opinions from the Belarusian public.” (See more about press/media freedom here)
”Psychological torture and Stalinist methods such as public forced confessions and denunciation are the new trend in the eradication of independent media in Belarus,” said RSF Eastern Europe and Central Asia desk head Jeanne Cavelier, in a separate statement. “After a dramatic crackdown in 2020, Alexander Lukashenko’s government is leaving no chance for press freedom to exist and for journalists to be safe.” RSF tallies 32 media workers currently in Belarus jails.
Investigative reporters have a difficult relationship with their subjects, often corrupt public officials. Tragic consequences abound. The closer reporters get to the story the more likely they will be threatened or worse. The powerful and corrupt have special resources that can be applied to nosey reporters.
The 2017 car bomb murder of Malta investigative reporter Daphne Caruana Galizia rattled that country, much of the world and all of the journalistic community. In time - too much, say some - fingers were pointed, subjects rounded up and arrests made. Trials began, some ending suddenly, and they linger still.
A trial this week, murder suspect George Degiorgio confessed to his role in the crime, according to Times of Malta (July 5). He is seeking a reduced sentence for himself and brother Alfred, also charged along with Vince Muscat, who admitted complicity last year in return for a 15 year jail term. “We're not going down alone,” said Mr. Degiorgio in an interview with Reuters. Times of Malta and Reuters are collaborating on a podcast 'Who Killed Daphne’ set for release later this month. For that project, Mr. Degiorgio said the bomb hit was “just business.” “If I knew (who she was), I would have gone for €10 million, not €150,000.” (See more about investigative reporting here)
“We are willing to divulge everything we know about other murders, bombs and crimes provided we receive a pardon,” said the Degiorgio brothers - career criminals - in a statement released by their lawyers. Accused money launderer Yorgen Fenech, also awaiting trial in the car bombing case, has pointed at involvement of various Malta politicians, without providing evidence. He has asked for a “presidential pardon” while maintaining innocence.
Turkey media regulator Radio and Television Supreme Council (RTÜK) last week (June 30) ordered internet providers to block international news platforms DW (Deutsche Welle) and VOA (Voice of America). The German and US broadcasters, respectively, had been warned about content issues and the regulator demanded the outlets obtain licenses in February. Turkish authorities have a long history - nearly a decade - of deterring any media criticism, foreign or domestic.
“Media licensed in Turkey are required to delete online content that RTÜK interprets as inappropriate,” said DW director general Peter Limbourg in a statement. “This is simply unacceptable for an independent broadcaster. DW will take legal action against the blocking that has now taken place.” DW websites - all languages - were inaccessible the following day. VOA acting director issued a similar statement as the broadcaster began posting VPN access information. (See more about press/media freedom here)
The RTÜK then issued further clarification. They want DW and VOA to place “real or legal persons” in Turkey who can be handed direct communication. Given Turkish authorities’ proclivity for arresting and imprisoning media workers, the likelihood of such compliance is close to nil. “If these broadcasting sites establish their companies in our country and start the licensing processes in accordance with our laws, our Supreme Council will request from the judicial authorities to end the access blocking process,” said the statement, quoted by independent Turkish news portal Diken (July 1). (See more about media in Turkey here)
Diplomatic spats emanating from Turkey are far from uncommon. NATO accession for Sweden and Finland was blocked, unblocked and blocked again by president Recep Tayyip Erdogan. For him there’s always a quid quo pro; usually financial. The trade for the NATO accessions seems to be a bunch of F-16 fighter aircraft. In the midst of all this, Turkey’s economy is collapsing, inflation rates in the stratosphere. All of this, including the information flow issues, work into the most pressing situation for president Erdogan: general elections next June.
Another reporter was murdered in Mexico last week. The heinous crime turned even more tragic. Antonio de la Cruz, reporter for regional newspaper Expreso for 23 years, was gunned down in front of his house (June 29). His daughter, Cinthia, was also struck by the assassins’ bullets. She succumbed over the weekend, reported Spanish daily El Pais (July 2). She was 23 years ago. Both she and her father were shot in the head.
Statistics on murders and attacks on media workers in Mexico are staggering. Sr. de la Cruz was the 12th reporter assassinated in the country this year. Already 2022 is the deadliest year on record for media workers. More than 150 reporters have been killed since 2000. “Mexico is the most dangerous country for reporters outside of war zones,” noted Al Jazeera (June 29). (See more about journalism here)
But the numbers are just the cold part of the story. "We demand that (the murder) be investigated and punished with all the rigor of the law, whoever they are,” wrote the Expreso front page obituary (June 29). The point being that impunity rules. Investigations at the state and federal level rarely lead to arrests and convictions. Powerful criminal gangs are always suspected of using violence to intimidate reporters and news outlets from covering their activities. In 2018 a human head was delivered to the Expreso offices with a note attached warning against reporting on the violence. (See more about media in Mexico here)
Last Friday (July 1) Susana Mendoza, director of Radio Universidad de Guadalajara in Puerto Vallarta, was attacked by three persons outside the radio studios. She had gone to the radio studio for a news program about real estate activities of corrupt municipal and state authorities, reported La Jornada (July 3). In the attack her jugular vein had been severed. Local doctors said she will recover “but it will take time.”
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