How the law is being weaponised to silence journalism and freedom of expression worldwide.
Overview
Journalists are facing an unprecedented wave of legal attacks designed to silence critical reporting and stifle press freedom.
The consequences of these attacks are severe: ranging from relentless court proceedings to imprisonment and financial ruin. Left unchecked, these practices threaten the
In response, we partnered with the Tow Center for Digital Journalism at Columbia University, combining their global research with insights from 37
Our report maps how legal systems are being systematically exploited to criminalise journalism, identifying eight key legal threats to the profession from the rise of Strategic Lawsuits Against Public Participation (SLAPPs) to the abuse of counter-terrorism laws.
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Report snapshot
journalists and editors consulted
from our journalism training alumni network, alongside 37 media freedom experts.
experienced legal threats as a result of their journalism
illustrating the scale of the issue.
key legal threats identified
that resonated most strongly with experts, journalists and editors consulted.
Key legal threats
Our research highlights the following eight key legal threats to journalists across the globe:
1. Defamation and insult
2. Strategic Lawsuits Against Public Participation (SLAPPs)
3. Espionage, treason, and foreign influence
4. Cybercrime, including cyber libel
5. Fake news
6. Counter-terrorism and anti-extremism
7. Financial crimes
8. Lese majeste, desacato laws and seditious libel
The practice of abusing legal systems by those in power to silence critics has reached global proportions. Its damage is far-reaching and curbing it is an imperative for democracy and maintaining peace.
Me and my former employer were sued by one of the biggest banks for defamation after we published articles about stock market manipulation by their brokerage division. I won after a trial which lasted between 2014 – 2018, where we changed courts three times and had four different judges. I only fully recovered my judicial expenses in late 2020.
The persecution of the free and critical press takes on new and creative nuances each time. It is no longer about crimes of freedom of expression, explicit censorship, but rather elaborate silencing schemes in which financial crimes and other types of cover-ups are used to censor and intimidate critics.
The global trend of prohibiting, removing, declaring unlawful, criminalising or sanctioning fake news and disinformation undermines the basic values of free speech and journalistic freedom. Laws on fake news and disinformation are opening a Pandora’s box, as these laws by their nature can be very broadly interpreted or lead to arbitrary application in breach of international standards on the right to freedom of expression and information. Such laws also hold the risk of being abused by public authorities or private claimants in order to silence or intimidate persons participating in public debate or reporting on matters of interest for society.
Core recommendations
Our report features recommendations based on insights from the legal experts and in journalists our alumni network who contributed to the research.
Core insights for governments and funders include the need to:
- Decriminalise defamation, in co-ordination with legal and human rights communities.
- Adopt anti-SLAPPs safeguards, such as early dismissals, capping the cost of legal defence or imposing penalties on SLAPP filers.
- Expand legal protection for journalists and increase visibility of legal threats.
- Fund legal support and advocacy for organisations that provide support for journalists and engage in strategic litigation.
For all stakeholders, national and global collaboration among media defence organisations and legal service providers is essential to maximise impact.
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