46 Amendments of Domènec RUIZ DEVESA related to 2021/2036(INI)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union is founded on the common values enshrined in Article 2 of the Treaty on European Union of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights; Stresses that these values include pluralism, non-discrimination, tolerance, justice, solidarity and equality; Reiterates the fundamental rights of media freedom and pluralism as stated in Article 11 of the Charter of Fundamental Rights of the European Union, which specifically stresses the need for these to be respected; Underlines that an independent, impartial, professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some Member States whereby media laws allow for greater political interference;
Amendment 3 #
Motion for a resolution
Citation 3
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, and especially Articles 11, 20, 47 and 48 thereof,
Amendment 10 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that Article 7 of the TEU foresees that the European Council may act to determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2 and subsequently suspend certain rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council;
Amendment 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. Is concernalarmed that the current COVID- 19 pandemic not only continues to have a significant negative impact on public health, social welfare and the economy, but also entails a serious threat to media freedom; warns thatimpacts the whole media sector, notably through the revenue drop which causes some of the media organisations to close down and deeply affect the working conditions of journalists and other workers in media organisations; furthermore, is concerned at the fact that the pandemic circumstances and consequences entail serious threat to media freedom for citizens and civil society organisations, including but not limited to restrictions on access to justice and information; stresses that it was shown during the crisis that media and journalist reporting was crucial in transferring accurate information to the citizens; warns that many governments across the world couldare trying to use the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the Commission to mobilise funds to encourage anti- corruption investigative journalism;
Amendment 17 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that the digital shift has profoundly changed the media landscape, with new patterns to search, access, curate, share or retrieve online news items, stresses that this has increased the market pressure on smaller media organisations, in particular local news media, exacerbated market concentration and often set unfair competition conditions, which put at risk the long-term existence and economic sustainability of already vulnerable media outlets and thereby the diversity of media players;
Amendment 17 #
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
— having regard to the Council of Europe Recommendation of the Committee of Ministers to Member States on the protection of journalism and safety of journalists and other media actors CM/Rec(2016)4[1]
Amendment 20 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Considers that not only journalists and editorial teams, but also all permanent and temporary staff of media organisations are too often subject to precarious working conditions, and should be subject to the highest protection standards; Recalls that the intellectual property rights of journalists need to be properly implemented and the value of their work appropriately recognised and valued;
Amendment 29 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission toStresses the need to closely follow and appropriately act when governments or powerful individuals use legal measures to silence critics and opponents, such as for example strategic lawsuits against public participation (SLAPPs) or laws curtailing the right to freedom of expression in a manner which is incompatible with individuals' fundamental rights; Calls on the Commission to follow-up on its European Democracy Action Plan and propose a directive against strategic lawsuits against public participation (SLAPPs) in order to protect independent media and journalists from vexatious lawsuits or malicious threats to initiate lawsuits intended to silence or intimidate them;
Amendment 33 #
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and for the rule of law to be upheld;
Amendment 34 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the inclusion in the Commission annual report on the Rule of Law a specific chapter on monitoring media freedom and pluralism; Urges the Commission to closely monitor the situation in the Member States and provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism, including any undue use of actions under civil and criminal law to silence journalists, NGOs and civil society;
Amendment 36 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Expresses concern by recent developments in some Member States where media freedom and pluralism are deteriorating and journalists and media workers are subjected to threats, abuses and crimes; Calls on the Commission to include in the country chapters of future Rule of Law report an overview of the attacks against journalists across the Union and the responses provided by Member States in this regard;
Amendment 36 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 38 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Underlines that, by reporting breaches of Union law that are harmful to the public interest, whistle-blowers play a key role in exposing and preventing such breaches and in safeguarding the welfare of society; Insists that the confidentiality of journalistic sources shall be preserved, and effective and secure reporting channels in place in every organisation to protect whistle-blowers against retaliation;
Amendment 39 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
Amendment 40 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Welcomes the Commission's Assessment of the Code of Practice on Disinformation in 20203a , the publication of guidelines to correct shortcomings and the establishment of tools and measures to stop online platforms from making money on disinformation and empower users to understand and flag up disinformation, enhance transparency on ad placement and halt manipulative behaviour; Supports the strengthening of collaboration across media and borders and the set-up of a European Digital Media Observatory, Urges the Commission to draw-up on its findings and propose a legislation to improve notably the transparency of political advertising; _________________ 3aEuropean Commission, Assessment of the Code of Practice on Disinformation
Amendment 41 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Welcomes the launch of the "NEWS" initiative under the Media and Audiovisual Actio Plan 4a set out by the Commission in December 2020; Underlines, however, the need for clarification on its scope, financing and functioning; _________________ 4aEurope’s Media in the Digital Decade: An Action Plan to Support Recovery and Transformation
Amendment 42 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Calls on the Commission and the Member States to increase support available for the news media organisations, with special attention to SMEs, local and regional media outlets and radio stations, Stresses that allocations for the media sector should increased across various multiannual framework (MFF) programmes;
Amendment 48 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the introduction of new actions under the cross-sectoral stand of the Creative Europe Programme 5a, to enhance media freedom, quality journalism and media literacy; Reiterates the need for professional workers in the media sector to benefit from training to adapt their work according to technological, societal or other developments; Encourages the continuation and expansion of media literacy in education curricula to empower everyone with the means to access information, detect disinformation and develop critical thinking; _________________ 5a Creative Europe Programme 2021-2027
Amendment 49 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that journalist are subject to varied employment conditions and often work under freelance contracts; Stresses therefore the need for adequate professional and trade union representation and effective social dialogue to ensure stable and fair working conditions for journalists and media workers;
Amendment 50 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee that the public service media is free from censorship and political influence; invites the Member States, in this regard, to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency; in addition stresses the importance of independent in-house media regulatory mechanisms for all situations and processes within the media house as to ensure that all workers and employees are protected at all stages; Stresses the problem of media organisations filling lawsuits against their own journalists and media workers and emphasises the importance of independence monitory and regulatory mechanisms in those situations;
Amendment 54 #
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation and activism including by violating civil liberties such as freedom of association, assembly and freedom of expression and of information thus resulting in lessening societal resilience against authoritarian pushback against democracy and rule of law;
Amendment 57 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on all Member States to swiftly implement the Audiovisual Media Services Directive6a as revised in 2018 in all its provisions; Calls on the Commission to closely monitor development in this regard with special attention to Article 30 provisions on the role, powers and independence of audiovisual media services regulators; Insists that national regulatory authorities or bodies shall exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural and linguistic diversity, consumer protection, accessibility, non- discrimination, the proper functioning of the internal market and the promotion of fair competition; and that national regulatory authorities or bodies should have adequate financial and human resources and enforcement powers to carry out their functions effectively and to contribute to the work of the European Regulators Group for Audiovisual media services (ERGA); _________________ 6aAudiovisual Media Services Directive of 14 November 2018
Amendment 59 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes the setting-up of ERGA and encourages cooperation within the internal market among audiovisual regulatory bodies, as well as with other regulatory bodies of relevance for online news activities;
Amendment 60 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
Amendment 61 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Observes that overprotective defamation laws may have a chilling effect on freedom of expression and public debate, in line with recommendations of the Parliamentary Assembly of the Council of Europe (PACE) 7a calls on Member States to precisely define the concept of defamation in their legislation so as to avoid an arbitrary application of the law, to guarantee that there is no misuse of criminal prosecution for defamation, to safeguard the independence of prosecutors in these cases, and to ensure that civil law provides effective protection of the dignity of persons affected by defamation; further calls on Member States to set resonable and proportionate maximum amounts for awards for damages and interest in defamation cases so that the viability of a defendant media organ is not placed at risk and to provide appropriate legal guarantees against awards for damages and interest that are disproportionate to the actual injury; _________________ 7aFreedom of expression in the media in Europe, Recommendation 1589
Amendment 62 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Welcomes the launch of the Conference on the Future of Europe and calls on the Commission and Member States to make the best use of its forthcoming conclusions to strengthen the participative democratic functioning of societies;
Amendment 63 #
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Recalls that according to the definition proposed by the Committee of Ministers of the Council of Europe 8a hate speech covers all forms of expressions that spread, incite, promote or justify racial hatred, xenophobia, anti-Semitism or other other forms of hatred based on intolerance; Expresses concerns at the development and spreading online hate speech with wide-ranging consequences on people's wellbeing and safety; Calls on the Commission and Member States to draft guidelines to further delineate and combat hate speech online; _________________ 8aCommittee of Ministers of the Council of Europe, Recommendation No.R. (97) 20
Amendment 64 #
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Stresses the importance of gender mainstreaming at all levels in the media sector as it is an outlet reflecting the diversity of society and as such must uphold to the fundamental right of equality and non-discrimination; Recalls the need for gender balance on screen and behind the camera as well as on all other levels and positions; Emphasises that female journalists face the same pressures as their colleagues in content- related issues but more often are faced with sexual violence and harassment and there has been a journalist "MeToo movement as a result of this situation; Calls on the Commission and Member States to address these gender gaps and discrimination and take action towards achieving gender equality within the sector;
Amendment 65 #
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6 h. Stresses that one of the negative consequences of the media freedom deteriorating is the increase in the scapegoating and targeting of minorities and vulnerable groups, for example against LGBTIQ+ persons, migrants and refugees, resulting in an increase in hate speech against these groups and censorship of media; Calls on the Commission to monitor and examine these interlinks in its future reports, especially the effect that hate crimes and hate speech have on discrimination in the Union;
Amendment 66 #
Draft opinion
Paragraph 7
Paragraph 7
7. EncouraUrges the Member States and the Commission to introduce effective measures to ensure better protection for the personal safety of journalists, in particular investigative journalists. and looks forward to the announced Commission recommendation on ensuring safety of journalists in the European Union; Calls for such recommendation to include measures on the safety of all journalists employed by European media organisations in the EU and third countries, with particular attention to those reporting from conflict or high-risk countries;
Amendment 75 #
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academicmedia organisations, academics, watchdogs, human rights defenders, whistle blowers, civil society and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis, the Slovenian investigative news outlet Necenzurirano recently hit by a barrage of 39 lawsuits and continuous lawsuits against defenders of women's rights in Poland;
Amendment 100 #
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPP threats may be brought within the Union also by actors in third countries and before courts in third countries;
Amendment 109 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the murders of David Beriain and Roberto Fraile in Burkina Faso on the 26 April 2021 are the last of an increasing list of despicable assassinations of European journalists in Europe and abroad; whereas the OSCE reports that impunity prevails as, for example, fewer than 15 % of murders of journalists in the OSCE region are solved;
Amendment 114 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas SLAPP suits can be issued by private entities and public actors including state-owned companies thus becoming a tool of exerting political power; whereas in the case of public authorship of SLAPPs the damage borne by SLAPP victims can be even greater;
Amendment 124 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining freedom of expression, media freedom and public democratic participation threatens– including freedom of expression, media freedom and rights to peaceful assembly and association and on Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the 2021 annual and subsequent reports to include a thorough assessment of the legal environment for the media, and investigative journalism in particular, and to look more thoroughly at challenges affecting civil society, including as regards SLAPPs targeting NGOs, activists and rights defenders;
Amendment 162 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs undermine the rule of law and constitute a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 175 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech has become increasingly widespread against journalists, media organisations, NGOs, academics and civil society, including those defending fundamental rights and freedoms, such as, inter alia, women's rights and LGBTQI rights, thus threatening media freedom, freedom of expression and public safety given that online hate speech can incite real-world violence;
Amendment 201 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, media organisations, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect can lead to self- censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 225 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to protect journalists, media organisations, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 238 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. 2. Condemns in the strongest terms the assassination of David Beriain and Roberto Fraile; calls on all European institutions and the Government of Burkina Faso to take all possible actions to end impunity and bring those responsible for their deaths to justice, recalls that accountability is a key element in preventing future attacks;
Amendment 254 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendmentsproperly amended in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls for theurgent introduction of a uniform choice of law rule for defamation, as well as for proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and information in the Union; is concerned that if measures only address lawsuits regarding information, actions based on other civil matters or criminal procedures may still be used;
Amendment 276 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, media organisations, academics, civil society and NGOs in preventing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards for persons investigating and reporting on these matters of public interest;
Amendment 303 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal for measures to ensure that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through through public or private prosecution; underljoines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct;
Amendment 320 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support, including psychological support for victims and their family members;
Amendment 328 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the Commission’s intention to propose a recommendation on the safety of journalists; is however concerned of its limited geographical scope; point out that many European media organisations operate in an international environment; is concerned that media organisations are increasingly relinquishing their duty of care within and beyond the EU towards journalists employed by them or those producing the media content they acquire; notes the increasing use of freelancers, particularly young journalists and media workers at the start of their career, to cover high-risk areas and conflict zones; is concerned by the precarious working and decreasing safety conditions under which freelancers operate from high-risk areas and conflict zones;
Amendment 329 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Member States to fully implement the Council of Europe recommendation on the protection of journalism and safety of journalists and other media actors, calls to the Commission to include in the forthcoming Recommendation on the safety of journalists a Beriain-Fraile Protocol, in line with the Council of Europe Recommendation, stablishing common European guidelines and procedures for the deployment of journalists and other media workers on difficult or dangerous assignments, such as in conflict zones; believes that the Beriain-Fraile Protocol. should detail the institutional responsibilities of media companies, including among others, providing journalists and other media workers with adequate information, including on the risks involved, and requisite training in all matters of safety, digital security and privacy, as well as arranging for life assurance and health and travel insurance as part of a comprehensive and equitable package of work conditions the provision of legal support, when relevant, and representation and trauma counselling on return from assignments, stresses that such deployment should be voluntary and informed; stresses that the Beriain-Fraile Protocol, should apply indistinctively to all journalists and other media actors working for European media companies – in salaried, freelance and all other capacities;