Statement by the Council of Europe Commissioner for Human Rights Dunja Mijatović

The safety of journalists in Europe has reached a critical point. Three years ago, the brutal killing of investigative journalist Daphne Caruana Galizia tragically showed that the complacent view that Europe, and in particular the EU, is a safe haven for journalists was all but an illusion. The death of Ján Kuciak a few months later only confirmed that journalists, in particular those investigating corruption cases, work in dangerous contexts.

These murders represent only the tip of the iceberg. Across Europe today, journalists face undue restrictions, harassment, intimidation, abduction or imprisonment. Hundreds of journalists are detained or have been arrested in several European countries in recent years. Many have been beaten by the police while covering demonstrations.

How European states respond to these threats to journalists will shape not only the future of the press, but also that of our democracies.

The full implementation of the Council of Europe Recommendation on the protection of journalism and safety of journalists and the alignment of national legislation with press freedom standards are instrumental in this endeavour. The text indeed provides concrete measures to fulfil states’ duty to protect the lives of journalists and to end impunity for crimes against them.

I therefore welcome the publication of the Implementation Guide to this Recommendation and I urge all member states to use it to its full potential.
In particular, states should take three steps as a matter of urgency.

First of all, ensure protection. Police and law enforcement officers must not overlook threats against journalists nor neglect requests for protection. Some countries have good expertise on how to ensure police protection and they should share it with others. Increased co-operation with international organisations, journalists’ organisations and independent observatories on violence against journalists would also help increase states’ ability to protect journalists at an early stage.

Secondly, end impunity. The police and the judiciary should carry out effective investigations into all cases of violence against journalists, including those involving state agents, prosecute the perpetrators, and bring them to justice. This requires a well-trained and effective police force and a truly independent judiciary, free from political influence and able to prosecute the highest spheres of the state if need be.

Thirdly, change legislation. Lawmakers must enact legislation that protects journalists and shields them from undue pressure. When it comes to defamation and libel, they should fully decriminalise them, foresee only proportionate civil sanctions and provide penalties for those who abuse defamation suits to silence journalists. Moreover, laws tackling disinformation, terrorism or security issues must avoid limiting journalists’ freedoms and safety.

Attacks against journalists always go beyond the individual case and concern us all. It is time to make Europe a safer place for journalists and media professionals.

Webpage: Commissioner for Human Rights

Webpage: Implementation Guide to Recommendation CM/Rec(2016)4 on the Protection of journalism and safety of journalists and other media actors