Yearbook 16 2014

Yearbook 16 2014 THE REPRESENTATIVE ON FREEDOM OF THE MEDIA CONTENTS Contents Preface .......................................................................................................................... 1 Foreword ....................................................................................................................... 3 Mandate ........................................................................................................................ 5 Decision No. 193: Mandate of the OSCE Representative on Freedom of the Media ............................6 Declarations and Recommendations ......................................................................... 10 Joint Declaration on Universality and the Right to Freedom of Expression ...........11 Recommendations of the 11th South Caucasus Media Conference ......................16 Recommendations of the 16th Central Asia Media Conference ............................18 Communiqués ............................................................................................................. 22 On blocking television channels ............................................................................ 23 On denial of entry of journalists from one OSCE participating State to another ..............................................................................................................25 On propaganda in times of conflict ........................................................................ 27 On the ruling of the European Union Court of Justice – The “right to be forgotten” .................................................................................... 29 On Open Journalism .............................................................................................. 30 On the impact of laws countering extremism on freedom of expression and freedom of the media ..................................................................................... 32 2nd Communique on Open Journalism ................................................................. 34 Regular Reports to the Permanent Council................................................................ 36 19 June 2014 ..........................................................................................................37 27 November 2014 ................................................................................................ 84 Legal Reviews ............................................................................................................ 136 Armenia: Legal analysis of draft amendments to the Civil Code of the Republic of Armenia ...................................................................................... 137 iii CONTENTS Kyrgyzstan: Comments on the draft law of the Kyrgyz Republic “On the introduc- tion of changes to certain legislative acts of the Kyrgyz Republic” ......................146 Lithuania: Legal analysis of the draft law of Lithuania amending Chapter XXII and Article 154 and repealing Articles 155, 232 and 290 of the Criminal Code and the draft law amending Article 187 of the Code of Administrative Offences .................................................................................. 170 Moldova: Legal analysis of the draft laws amending and complementing the Moldovan Audiovisual Code .......................................................................... 182 Turkey: Briefing on proposed amendments to Law No. 5651: The Internet Law of Turkey ......................................................................................... 192 Austria: Legal review on the current Austrian draft laws on transparency and freedom of information ................................................................................ 200 iv v Preface PREFACE By Didier Burkhalter It is a distinct pleasure to present the 2014 Yearbook of the OSCE Representative on Freedom of the Media. Freedom of the media is a prerequisite for genuine democracy. Switzerland is con- vinced of this, which is why it is a strong advocate of Representative Dunja Mijatović’s work in the OSCE region. Free and robust media are crucial for open societies and democratic development. Switzerland wholeheartedly supports the wide-ranging efforts of the Representative on Freedom of the Media to assist the work of both offline and online journalists. New media and internet journalists clearly deserve the same protection as those of the traditional media. There should be no difference in people’s rights and fundamental freedoms online and offline. The same rules and principles based on the rule of law must be applied. The safety of journalists, particularly in cases where they are likely to experience physical violence, threats and harassment was a great concern of the 2014 Swiss Chairman- ship. The Representative has worked tirelessly to bring the issue of violence to the forefront of government and public attention. Switzerland has long been engaged in efforts to get governments in the OSCE region to commit to ensuring an environment where free speech and its agents – in particular journalists – are effectively protected. The OSCE devoted a great deal of attention to the Ukraine crisis in 2014. The Repre- sentative’s steadfast commitment to promoting freedom of the media made a real difference; press releases, communiqués and projects exposed and spoke out against violations of media freedom and free speech. The Representative’s work with journalists’ union representatives from both Russia and Ukraine on issues of common inter- est was an important element of the OSCE’s efforts to promote dialogue and mutual understanding in this conflict. This Yearbook chronicles the activities of the Representative and the office throughout the year. It is a valuable contribution to the public’s understanding of the role of the office in the protection and development of free media and free expression – and an important resource for those who want to keep up with the current issues. I want to thank the Representative for her excellent cooperation during the Swiss Chairmanship. Ms Mijatović and her office can count on our further support to maintain their independence, their mandate and activities. Didier Burkhalter is the head of the Federal Department of Foreign Affairs (FDFA) and was the OSCE Chairperson-in-Office in 2014. 1 FOREWORD Foreword 2 FOREWORD By Dunja Mijatović This publication is a detailed account of the activities taken in 2014 to carry out the Mandate given to the Representative when the Office was established in 1997. This in- cludes the requirement to monitor media developments and assist OSCE participating States to fulfill their commitments on free media and free expression while working in close co-operation with the Chairman-in-Office. I would like to emphasize my gratitude to the Swiss Chairmanship for its support throughout the year. I continued working with participating States across the OSCE region to ensure favorable conditions for independent and pluralistic media. Although this year was filled with new challenges due to the conflict in and around Ukraine, I am pleased that my Office was able to fulfill its mission by providing participating States with detailed information on the threats to media freedom attendant to the conflict. My Office had to report disappointing facts concerning the media landscape in the conflict area: Seven media members killed; at least 170 journalists attacked and injured; approximately 30 editorial offices and television stations vandalized. I recognized how critical the situation was for journalists and I visited Kyiv, Odesa, Kharkiv and Simfero- pol to work closely with Ukrainian journalists and officials to gather first-hand information about the situation and coordinate future activities. During the year I devoted significant time and effort in order to improve co-operation and dialogue between Russian and Ukrainian journalists. My Office organized a series of roundtables attended by senior representatives of the Russian Union of Journalists, the Independent Media Trade Union of Ukraine and the National Union of Journal- ists of Ukraine, where participants engaged in frank discussions on ways to improve the situation with journalists’ safety and maintain professional standards during the conflict period. My Office’s work concerning Internet and New Age issues continued in 2014 and in- cluded new projects. A critical analysis of Web-based journalism (or “Open Journal- ism”) was another important objective as my Office sought to explore the growing phenomenon of participatory journalism. My Office also continued its annual regional media conferences, meeting again with international experts, local journalists and government officials in Tbilisi for the 11th South Caucasus conference to discuss challenges and opportunities for public service broadcasters in the Digital Age and meeting in Bishkek for the Central Asia conference with participants from five Central Asian states and Mongolia. Much work remains to be done in the area of pre-eminent importance for free media: journalists’ safety. Physical violence, threats and harassment and the jailing of journalists simply for holding dissenting opinions remains a sad reality across the OSCE region. Once again I encourage participating States to end the indefensible practice of putting 3 FOREWORD people in prison for what they say and write. Promoting and protecting free media and free expression is a matter of paramount importance for my Office and we will continue our work to help participating

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