Journalism in Greece is under attack by gagging and intimidation laws – Matthaios Tsimitakis

In a democracy, the media should control authority and government. In Greece there is an increasing feeling that things are the other way around.

Take for example the story of Thanasis Koukakis, a 43-year-old financial journalist who works for CNN Greece and collaborates with CNBS, the Financial Times and the Greek investigative magazine Inside Story. Referring to national security concerns, in 2020 the Greek intelligence services, administered directly from the prime minister’s office, intercepted his communications as he investigated the affairs of Greek bankers and entrepreneurs. When the reporter found out, the government tried to erase the traces of the wiretapping. Shortly thereafter, his cell phone was infected with Predator spyware, a software that allows the user to have full access to the target’s phone to extract data, contacts and messages, including those sent via encrypted applications. He can also turn on the microphone and have access to the camera.

Koukakis is not the only victim of wiretapping by the national intelligence service. Iliana Papangeli and Stavros Malichudis, reporters from Solomon’s investigative team, which deals with the conditions of migrants in Greece, also discovered that they had been subjected to surveillance by the Greek intelligence services who monitored their work with minors on the island. of Kos.

Gag actions
Shortly after discovering that their journalistic activities had aroused the interest of the secret services, the two unveiled another story concerning an NGO that deals with finding accommodation for migrants and seems to be linked to some political figures. The answer? A strategic legal action to prevent participation in public life (gag or Slapp action).

Another example is that of Stavroula Poulimeni, who is part of the AlterTess journalists’ cooperative and was denounced by a gold mine manager convicted of serious environmental crimes in northern Greece. The entrepreneur accused her of using her “sensitive personal data” because in her articles she mentioned a criminal conviction of her.

The government appears to approve of these legal ploys. A new law authorizes the National Council for Radio and Television (NCRTV) to impose recurrent administrative penalties for defamation on newspapers. The council has jurisdiction over the channels that use public frequencies. This has alarmed the Athens newspaper journalists union, according to which the new legislation explicitly violates articles relating to the freedom of the press guaranteed by the Greek constitution.

Under this law, the payment of penalties will be compensated by the majority shareholders in the event that the publishing company fails to pay and they will be collected by the monopoly private distributor Argos, owned by a media entrepreneur close to the government. According to the journalists’ union, the new rule threatens the sustainability of newspapers, especially smaller and independent ones.

A similar alarm was raised by Media freedom rapid response (Mfrr), which monitors press freedom in the European community. “In Greece, the independence of the media and the safety of journalists are systematically at risk,” said a recent report, adding that there is little circulation of news that is uncomfortable for the government, such as investigations into serious violations of human rights. This represents a major obstacle to public access to information and, consequently, to informed participation in the democratic process.

According to Mfrr, immigration policies, human rights violations committed in implementing them and the humanitarian crisis caused by the flow of migrants are very sensitive topics for the Greek government. Journalists are also hindered by arbitrary arrests or detentions, restrictions on access to migrant reception centers, surveillance and assaults when trying to investigate these issues. Even when independent journalists use official information they face a total lack of transparency or even a refusal to provide the information requested.

Take it out on those who give the news
Greek Prime Minister Kyriakos Mitsotakis survived a no-confidence motion in parliament in January by the left-wing opposition over how the government handled the snowstorm that paralyzed the country. In a speech to parliament, Mitsotakis referred to reporters who uncovered the Novartis corruption scandal in Greece as a “gang” that is “free to defame,” an expression interpreted as an explicit attempt to influence judges.

A few days earlier the prosecutor had in fact summoned Kostas Vaxevanis, the editor of Documento, and Yianna Papadakou, a former TV presenter, before the supreme court of Athens. The two journalists were accused of crimes related to investigating government officials, including some former ministers, who allegedly accepted bribes from the Swiss pharmaceutical company Novartis to control the prices of certain drugs.

The accused politicians dismissed the charges because they believe they would have a political basis, although in 2020 the United States Department of Justice imposed a $ 347 million fine on Novartis in this case. Without naming names, the company admitted making illegal payments to Greek suppliers.

The investigation by the anti-corruption prosecutor, launched in 2016, closed the case against two Greek parliamentarians in January. In Greece, however, a second investigation is still underway relating to an alleged plot involving a former prime minister, the anti-corruption prosecutors charged with investigating the Novartis case and the two journalists.

Criminal association, participation in illegal activities and two charges for complicity in the abuse of authority are some of the accusations against journalists. According to a new provision of the penal code approved only a few weeks ago, now the minor offenses linked to “criminal association” will lead to prison sentences. In other words, Papadakou and Vaxevanis, who have investigated the Novartis scandal at length, could end up in prison. Such a proceeding could indeed set a troubling precedent, as well as raise concerns about the credibility of whistleblowers who testified in the Novartis case or the risk of them being accused as well.

It is worth noting that Greece is one of 17 European countries that have not adopted a new directive on whistleblower protection in their legal systems and is coming under a lot of pressure as a result. The Covid-19 pandemic has further reduced journalists’ access to information.

Last year Reporters Without Borders ranked Greece 70th on the global press freedom index, five places down from 2020. Over the past decade, the country’s reputation has been steadily declining, a trend that is likely it will not stop, at least judging by recent events.

The government strongly rejects these accusations, stressing that pluralism is guaranteed in the country. Democracy, however, is safeguarded when the press is free to tell the truth to power. This shouldn’t be up to a court of law.

Vera Jourova, EU commissioner on values ​​and transparency, stated that the “Report on legality of 2022 will pay particular attention to developments relating to press freedom and the safety of journalists”. These fears became even stronger after the case of the murder of crime journalist Giorgos Karaivaz, who was killed in front of his home in 2021. Despite pressure from Greek and European journalist associations, the case has made no progress and the perpetrators have not were taken to court.

Even conservative politicians are beginning to worry about press freedom in the country, alluding to what many of us fear, which is that the conservative Greek government has been seduced by the populist turn that has swept conservatives across Europe and no longer seeks to take the side of the so-called moderate liberal conservatives.

This trend in Greece is an indication of a more generalized and growing tension in some EU countries on the legality and protection of freedoms, that is, EU values. However, the situation in Greece is becoming particularly difficult in relation to the media, problems are multiplying and more and more supervisory bodies on freedom of expression are on the alert. Seven groups, including Reporters Without Borders and the European Federation of Journalists, have raised “deep concerns” about the Koukakis case. The Greek government should do more to protect press freedom.

(Translation by Giusy Muzzopappa)