At a time when a free and vibrant media is more important than ever, governments in Europe are increasingly taking advantage of emergency legislation aimed at tackling the coronavirus to push through restrictions which seriously erode press freedom.
According to聽data聽collected by the International Press Institute (IPI), over the past few weeks an alarming number of European governments, especially in eastern and central Europe, have used the ongoing health crisis as a pretext to restrict the free flow of information and clamp down on independent media.
The most serious threats have so far been observed in states with authoritarian tendencies such as Hungary and Russia, where the pandemic has been exploited to grab more powers and tighten control over information.
Meanwhile, other governments with poor records on media freedom, such as Bulgaria and Romania, have also moved to introduce excessive criminal penalties for 鈥渇ake news鈥 about the virus, which risk misuse and interference with the media鈥檚 ability to inform the public.
Elsewhere, countries such as Serbia and Moldova have moved to control reporting, impose restrictions on journalist鈥檚 access to information, and even try to ban opinion articles.
While some of these measures may threaten press freedom unwittingly, others do so knowingly. Likewise, while some curbs on fundamental rights may be necessary to combat the pandemic, those limiting media freedom appear opportunistic and excessive.
Most worryingly for the press, while some of the restrictions due to the coronavirus will be temporary, others could be extended long after the health crisis has ended. All, however, are likely to shape the state of media freedom in Europe in the years to come.
The Orb谩n effect
Among the most serious threats to press freedom so far has come from inside the European Union itself: Hungary.
Last week, despite criticism from the Council of Europe, the OSCE as well as dozens of national and international human rights groups, the government passed legislation handing Prime Minister Viktor Orb谩n sweeping new emergency powers to rule by decree.
Orb谩n鈥檚 Fidesz party, which already had a firm grip on many of the country鈥檚 institutions, voted by a two-thirds majority to extend a national state of emergency, giving him powers to bypass parliament for an indefinite period.
The new law also criminalizes the spreading of 鈥渇alse鈥 or 鈥渄istorted鈥 information which undermines the authorities鈥 fight against COVID-19 with fines and up to five years in prison.
Despite from the government, journalists and media freedom advocates fear the law鈥檚 language will be weaponized to silence what remains of the country鈥檚 independent press.
鈥淚t鈥檚 a tool to scare the media and deter us and make us more cautious about writing difficult or challenging stories that may challenge the government鈥檚 response to the coronavirus鈥, Hungarian journalist Daniel Renyi of the independent news website 444.hu recently told IPI.
Hungary not alone
While the overreach of emergency measures in Hungary presents the most serious threat within the European Union, several other EU governments with poor records on media freedom have also expanded their powers under the pretext of tackling the pandemic.
In neighbouring Romania, the government has passed a number of emergency decrees that affect , sparking from international bodies.
On March 16 the president of Romania, Klaus Iohannis, signed an emergency decree which, among other measures, gives authorities the power to remove report or websites that spread 鈥渇ake news鈥 about the virus, with no opportunity to appeal.
Attila Biro of the RISE Romania journalism platform told IPI that the move meant the government would have the power to decide what news was 鈥渢rue鈥 or 鈥渇alse鈥.
鈥淭his restriction can be used to efficiently control media and the public narrative鈥, he said. 鈥淚t has nothing to do with public safety and will seriously restrict the ability of the media to do its job properly.鈥
In Bulgaria, a country where Europe鈥檚 top human rights commissioner recently about a deterioration of media freedom, the government used the state of emergency decree to try to amend the penal code and introduce prison sentences for spreading what it deemed 鈥渇ake news鈥 about the outbreak with up to three years in prison or a fine of up to 鈧5,000.
That part of the emergency bill was vetoed by President Rumen Radev. However, the IMRO 鈥 Bulgarian National Movement party, a junior party in the ruling coalition, submitted another bill to parliament which, if passed, would hand聽聽to the country鈥檚 Broadcasting Council to suspend websites for distributing 鈥渋nternet misinformation鈥.
Unlike the first law, which would have only targeted 鈥渇ake news鈥 relating to the virus, the new bill would criminalize all forms of 鈥渇alse information鈥 spread online. Under the draft bill 鈥 which for now appears unlikely to progress further through parliament – media owners found guilty could face a fine of up to 鈧1,000 and three years in prison.
鈥淭he Bulgarian government is trying to further limit media freedom in Bulgaria by abusing the emergency situation鈥, Assen Yordanoff, director of the Bulgarian investigative news platform Bivol.bg, told IPI. 鈥淲e have concerns that this long-standing trend is aimed at completely silencing free and critical journalism in the country.鈥
Russia: strengthening its hand
Outside the EU, further east, in Russia, authorities have already begun to provide a clear example of what happens when such take-down powers are misused.
On March 19, the country鈥檚 media regulatory agency, Roskomnadzor, which has a history of censoring the independent press, demanded that more than remove content it deemed 鈥渋naccurate, socially significant information鈥 about the coronavirus from their websites.
Among them was radio station Echo of Moscow, which was pressured to the recording and transcript of an interview with a disease expert who criticized the government鈥檚 handling of the health crisis.
Similar take-down orders were issued to online news outlet Govorit Magadan, which Roskomnadzor was disseminating news which 鈥淸created] a threat of massive disruption of public order and public safety鈥 in an article about the death of a man from pneumonia.
To strengthen the government鈥檚 hand further, on March 31 Russian lawmakers fines up to 鈧23,000 and prison terms of up to five years for anyone who spreads what is deemed to be false information about the coronavirus.
Media outlets will also be fined up to 鈧117,000 if they publish disinformation about the outbreak, raising further that the broadly defined law will be used to target media that criticize the government鈥檚 response to the outbreak.
Banning opinion
Other states in Europe have taken censorship attempts further still.
In Belarus, the editor of the news website Yezhednevnik, Sergey Satsouk, was arrested on March 25 on bribery charges soon after he published critical coverage of the government鈥檚 handling of the virus, sparking criticism that his arrest was retaliatory.
In Moldova meanwhile, the president of the government鈥檚 top media regulatory body took the unprecedented step of issuing an emergency ordering all media not to print or broadcast any 鈥減ersonal opinions鈥 about COVID-19 during the state of emergency.
Instead, the body said, all reporting on the virus should convey only the official position of the Moldovan authorities 鈥 a suggestion met with immediate by the country鈥檚 media professionals and journalist association.
Rather than reversing the decree immediately, the Broadcasting Council president defended the order, saying outlets should only renounce 鈥渦napproved鈥 opinions. The decree has since been due to mounting pressure.
However, the country鈥檚 Security and Intelligence Service (SIS) also 52 different websites allegedly disseminating fake news about the coronavirus to be blocked.
Access denied
Some European governments have also moved to restrict media access to 鈥渁uthorized鈥 COVID-related information.
In Serbia, where President Aleksandar Vu膷i膰 has implemented some of the toughest coronavirus-related restrictions in Europe, the government moved to centralize all information about the virus.
Among them was a decree which would penalize local institutions from releasing information to media about the coronavirus outbreak that was not聽鈥渁uthorized鈥 by authorities in Belgrade.
The directive, which has now been by the prime minister, was partly responsible for the arrest last week of Serbian journalist Ana Lali膰 of online news portal Nova.rs, who wrote about conditions for staff dealing with COVID-19 in a city hospital.
In Romania, the emergency legislation included a provision doubling the amount of time state institutions have to answer Freedom of Information (FOI) requests. Since then, media have reported that local institutions have refused to provide information, citing the new rules.
In Bulgaria, a similar move to double FOI request deadlines was strongly by press freedom groups. In Moldova meanwhile, the time given to authorities to respond has been tripled from 30 days to 90.
Elsewhere journalists are facing other blocks on access to officials. In Spain, several of the country鈥檚 leading media outlets have joined together to what they call the 鈥渃ensorship鈥 of journalists trying to ask questions during the prime minister鈥檚 press conferences.
Similar restrictions on the ability of media to question decision-makers over the government鈥檚 handling of the virus have been reported in the Czech Republic, Bosnia and Herzegovina and Slovenia.
Critical juncture
鈥淭he best way to combat disinformation is to let independent media do their job and to guarantee journalists鈥 access to decision-makers and information related to the crisis鈥, IPI Deputy Director Scott Griffen said. 鈥淚nstead, governments across central and eastern Europe are hindering the press鈥檚 ability to inform the public about the virus and are equipping themselves with laws that can be used to quash scrutiny.鈥
Griffen warned that Europe sits at a criminal juncture and risks doing permanent damage to its democratic structure unless disproportionate measures affecting media freedom are rapidly rolled back, citing so-called 鈥渇ake news鈥 laws as a major concern.
In recent weeks, IPI has called on leaders within the European Union and Council of Europe to take action to ensure press freedom is guaranteed as states strive to tackle the COVID-19 pandemic.
鈥淯nless we push back strongly against power grabs and measures that can be used to suppress the work of journalists, media freedom in Europe could emerge from this crisis in a much poorer state of health to how it entered鈥, Griffen said.