Struggle for Freedom of Expression did not win support of ECHR!

Grand Chamber of the European Court of Human Rights (ECHR) delivered a long-awaited decision in Delphi AS v. Estonia. Confirming an earlier judgment rendered on October 10, 2013 by Fifth Section of the ECHR, the Grand Chamber held that finding Delfi liable for comments posted by third parties had not been in breach of its freedom to impart information. 

The ECHR had been called upon to review the validity of a number of judgments form Estonian courts against Delfi according to the principles of the European Convention on Human Rights. For the first time, the ECHR had to consider whether an Internet news portal should be liable for user-generated comments. In particular,

the case concerned the duties and responsibilities of Internet news portals which provided on a commercial basis a platform for user-generated comments on previously published content and some users – whether identified or anonymous – engaged in clearly unlawful hate speech which infringed the personality rights of others.

The Grand Chamber found in favor of Estonia by 15 votes to 2 and largely confirmed the conclusions reached by the smaller chamber in October 2013. In sum, the Grand Chamber found that

the Estonian courts’ finding of liability against Delfi had been a justified and proportionate restriction on the portal’s freedom of expression, in particular, because: the comments in question had been extreme and had been posted in reaction to an article published by Delfi on its professionally managed news portal run on a commercial basis; the steps taken by Delfi to remove the offensive comments without delay after their publication had been insufficient; and the 320 euro fine had by no means been excessive for Delfi, one of the largest Internet portals in Estonia.

The decision of the ECHR was a blow to freedom of expression advocates, over 70 umbrella organisations that fight for media and internet freedom, such as Article 19, Access, Media Legal Defense Initiative, Reuters, Forbes, Google, News Corp, Mediaetc., have sent letters in support of Delfi and freedom of speech to the Grand Chamber of the European Court of Human Rights.who submitted briefs in support of Delfi warning about the implications of the case for freedom of expression, anonymity online and innovation.

The full decision is available here. The press release can be found here.

COMMENT20 JUN 12 / 11:53:04

Scrapping Article 38 Won’t Help Kosovo Media’s Cause

Days before parliament is due to revise two controversial articles in the new law code, the argument about whether one of the articles should be amended - or abolished – goes on.

By Flutura Kusari

 

BIRN

 Pristina

The debate among journalists remains heated and ongoing in Kosovo about what should be done with two controversial amendments to the Kosovo Criminal Code.

The debate took off in earnest on April 20, when parliament adopted the new Criminal Code with two articles – one making journalists liable for criminal offences not specified in the criminal code (article 37), and another obliging journalists to reveal their sources in court if the information is deemed necessary to prevent threats to people’s life or physical integrity (article 38).

Following adoption of the code, there was an outcry from the media community, which included a media boycott of Kosovo’s state institutions for a day on World Press Freedom Day.

After this, on May 8, Atifete Jahjaga, the President of Kosovo, used her discretion to return the law to parliament for reconsideration by not signing it.

She reminded parliament that the articles in question appeared not in line with the European standards to which Kosovo, under its constitution, adheres.

The problem with Article 37 is its vagueness. This is because it makes editors-in-chief, publishing houses and journalists criminally responsible for “criminal offences committed through the media” - without specifying what a criminal offence committed through the media might consist of.

Article 38, on the other hand, obliges journalists to disclose all their sources to the court, “if the information is necessary to prevent an attack that constitutes an imminent threat to life or physical integrity”.

In the meantime, many international media organisations such as the European Broadcasting Union, EBU, and Freedom House, have reacted in support, asking Kosovo’s parliament to take a fresh look at the Criminal Code.

Now, only days before this revision is to take place, debate continues about what should happen with these two articles.

Part of the journalistic community, led by Association of Professional Journalists of Kosovo, AGPK, wants both of the offending articles removed completely.

But, both the EBU and Freedom House advise that while Article 37 needs to be completely removed, Article 38 need only be modified, not removed entirely.

The AGPK’s argument, meanwhile, is that, knowing the inexperience of Kosovo’s courts and the amount of political pressure that Kosovo courts are routinely exposed to, judges will use article 38 in whatever form it is approved to interpret as they wish; thus they will force journalists to reveal their sources even when the existence of an imminent threat to someone’s life or physical integrity is not justified.

However, if this article is removed rather than modified, journalists could still be summoned by Kosovo’s courts like every other citizen - and information would be required from them, as no law will prohibit the court from doing so.

Furthermore, journalists, like all other citizens, could be imprisoned or fined by law if they refuse to give testimony regarding their sources when summoned to do so.

In the current criminal code, journalists are exempted from an obligation to testify when it comes to the disclosure of their sources.

I would argue that, with a slight modification, article 38 could serve to protect journalists from the legal obligation to disclose their sources if demanded by a court.

But if article 38 is completely removed, journalists will no longer be exempted from a duty to testify.

Either way, sources must be protected - either via the criminal code or through a special law on the protection of sources, which must enter into force at the same time as the new criminal code. 

Flutura Kusari is a post-graduate of commercial law focusing in media law at Queen Mary University of London and works as a legal advisor in BIRN Kosovo.

http://www.balkaninsight.com/en/article/scrapping-article-38-won-t-help-kosovo-media-s-cause

Young people to drive forward new strategies to break down conflict in their countries

Council of Europe Youth Peace Camp a symbol of 40 years work with and for young people

Strasbourg, 05.07.2012 - PRESS RELEASE

Young people to drive forward new strategies to break down conflict in their countries

Cross-border youth environmental campaigns, languages courses for mixed ethnic groups in Kosovo and awareness raising through art exhibitions and social networking sites – these are just some of the strategies devised by the 51 young people involved in the Council of Europe’s 2012 Youth Peace Camp.

Participants from Armenia, Azerbaijan, Georgia, Israel, various communities in Kosovo, the Palestinian National Authority and the Russian Federation took part in the peace camp at the Strasbourg European Youth Centre, which is celebrating its 40th anniversary this year.

For eight years now the peace camps have enabled young people and youth organisations from conflict-stricken regions to engage in dialogue and conflict transformation activities through human rights education and intercultural learning and to gain positive experiences of living and learning with others. Many participants have had a chance to talk face to face with young people from “the other side” for the first time in their lives.

On their return home, participants are expected to pass on what they have learnt – particularly the importance of dialogue, peace-building, human rights as a framework for conflict-resolution and non-violence – to other young people in their groups, communities and organisations.

Deputy Secretary General of the Council of Europe Maud de Boer-Buquicchio closed the peace camp with words of support for the participants: “Too often young people are involved in violent conflicts against their will. They are among the first casualties. It is therefore your right – everyone’s right – to participate in the resolution of these conflicts, through dialogue, trust-building, co-operation and the search for common ground…
“I would like to thank each and every one of you for your commitment to promoting peace and dialogue. It may seem more difficult to engage in dialogue than to replicate hatred, prejudice and rejection. And I am sure that some of you will have difficulties in being understood by your friends and neighbours back home who did not take part in the peace camp. But don’t be deterred. Dialogue is more rewarding and infinitely more sustainable than conflict and hatred. Dialogue is about understanding each other, in spite of differences of opinion. It is about making friends, not enemies. Dialogue is the path to peace.”

Hranush Shahnazaryan, a member of the Council of Europe’s Advisory Council on Youth, also encouraged the participants urging them to “team up” with the Organisation’s Youth Peace Ambassadors, who have a peace-building mission in communities divided by violence and conflict. Ms Shahnazaryan is one of the youth leaders who decide, alongside government officials, on the Council of Europe’s work with young people. The idea for the Youth Peace Ambassadors came from the youth leaders of the Advisory Council on Youth.

This year’s participants have devised a wide range of strategies and ideas to promote peace in their communities, including the following:

• Starting a cross-border awareness-raising campaign on the environment, an issue which concerns and unites young people;
• Setting up language courses for mixed ethnic groups in Kosovo;
• Creating social networking sites for participants from different regions;
• Organising photographic exhibitions of people’s eyes; the idea being that we realize our similarities by looking into each other’s eyes;
• Establishing joint summer camps or weekly discussion groups in ethnically mixed cities in Kosovo;
• Training trainers in conflict transformation in Georgia with Armenian and Azerbajiani youth; and
• Giving presentations in universities.

Media contact:
Emma Hellyer: 00 33 (0)3 90 21 42 15

About the Council of Europe and Young People:
For over 40 years, the Council of Europe has been working with and for young people to build a better, safer and more united world. We defend and promote human rights, democracy and the rule of law. We are pioneers in the field of youth policy; the only organisation in the world which gives both youth leaders and government officials an equal say when deciding on youth policies, priorities and programmes (our “co-management” system).

Strasbourg, 22.06.2012 - The 2012 Youth Peace Camp, starting today, is a symbol of the work done with and for young people by the Council of Europe over the last four decades and more.

The camp, which runs until 30 June, is being held at the Strasbourg European Youth Centre, which celebrates its 40th anniversary this year.

There are 51 participants from conflict-stricken regions: Armenia, Azerbaijan, Israel, Kosovo (various communities) (*), Georgia, the Russian Federation, and the Palestinian National Authority.

The objective is to engage young people and youth organisations in dialogue and conflict transformation activities through human rights education and intercultural learning, to leave them with positive experiences of living and learning with others. The peace camp provides a unique opportunity for many young people to meet their neighbours from "the other side" of the conflict face to face for the first time.

Success-story

Following the 2011 Peace Camp, six Israeli and Palestinian participants have decided to hold regular monthly meetings on the so-called "green line", creating a joint group engaged in community work.

The Council of Europe has also created 75 Youth Peace Ambassadors, the result of an idea put forward by the youth leaders who sit side by side with government officials to decide on the Organisation’s policies, programmes and priorities regarding young people. This power-sharing system (known as “co-management”) is unique in the world.

Deputy Secretary General's quote for the media

Maud de Boer-Buquicchio said: "Since 40 years, the Council of Europe has been promoting policies to build trust and to foster dialogue among young people from different communities. Today, our young generations are affected by the growth of nationalism in Europe and social unrest resulting from the financial crisis. Exclusion of social groups is not an answer. Young people are too often involved in violent conflicts against their will. Peace cannot be built without respect for human rights and no democracy is possible without diversity. These youth camps allow young people from different communities to get together in a safe environment: they learn from each other and from the trainers, but we also learn a great deal from them". http://www.coe.int/t/dg4/youth/News/News/2012_Youth_Peace_Camp_en.asp

Info nga Drenasi: Gjykata më vetëm 2 gjykatës

Info nga Drenasi: Gjykata më vetëm 2 gjykatës