(1)

As enshrined in Article 2 of the Treaty on European Union, the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. This includes respect for media freedom and pluralism and the right to freedom of expression, and requires continuous efforts to protect free, pluralistic and independent media, which are a key component of democratic systems and the rule of law.

(2)

The obligation of the EU and its Member States to respect media freedom and pluralism is also grounded in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). The right to freedom of expression, enshrined in the same Article, includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers (1). Taken together, these principles and rights mean that citizens should be able to access a plurality of sources of information and opinions thereby permitting them to form opinions, scrutinise governments and obtain the necessary information to freely exercise their right to vote. Member States have a responsibility to provide for an enabling environment for the media and journalists through legal, administrative and practical measures. (2)

(3)

The EU is widely considered to be one of the safest spaces for journalists and other media professionals (3). However, the growing number of physical, legal and online threats to and attacks on journalists and other media professionals over the past years and documented, inter alia, in the Commission’s 2020 and 2021 Rule of Law Reports (4) constitute a worrying trend (5). The number of alerts related to attacks, aggression and harassment against journalists and other media professionals in EU Member States continued to increase (6). The terrorist attack against weekly Charlie Hebdo killing 12 people in 2015 in France, the assassinations of investigative journalists Daphne Caruana Galizia in 2017 in Malta, Ján Kuciak and his fiancée Martina Kušnírová in 2018 in Slovakia, have been a stark call to improve the protection of journalists (7). The need to address the safety of journalists across the EU has been highlighted further by recent cases currently under investigation, such as the murders of Greek journalist Giorgios Karaivaz and Dutch journalist Peter R. de Vries in 2021.

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In its European Democracy Action Plan (8), the Commission presented an ambitious roadmap to empower citizens and to build more resilient democracies across the EU, highlighting the important role that independent and pluralistic media play in enabling citizens to make informed decisions, as well as in the fight against disinformation. For this purpose, the European Democracy Action Plan envisaged a series of concrete deliverables aimed to support and safeguard media freedom and pluralism, including in particular this Recommendation and the Commission’s upcoming initiative geared at tackling strategic lawsuits against public participation (SLAPPs).

(5)

This Recommendation complements the Audiovisual Media Services Directive (9) and the Commission’s proposal for a Digital Services Act (10), which aim to protect viewers of audiovisual media content and all users of digital services across the EU. It also complements the Media and Audiovisual Action Plan (11), which provides a roadmap for the recovery and transformation of the audiovisual and media industries and with the Digital Compass Communication (12), which highlights that the European approach to a digital society must be based on the full respect of EU fundamental rights, including freedom of expression. The Recommendation builds on the findings of the annual Rule of Law Reports, analysing the rule of law situation in the EU and its Member States, in particular with regard to media freedom and pluralism. This Recommendation lays down recommendations addressed to the Member States to counter, among others, the threats highlighted in the Commission’s 2020 and 2021 Rule of Law Reports.

(6)

This Recommendation is fully aligned with the EU Strategy on victims’ rights for 2020-2025 (13) and the EU Gender Equality Strategy for 2020-2025 (14), the Commission’s actions in the area of equality more broadly, in particular in the framework of the LGBTIQ Equality Strategy for 2020-2025 (15), the EU Anti-racism Action Plan 2020-2025 (16), the Action Plan on Integration and Inclusion (17), the EU Roma strategic framework for equality, inclusion and participation for 2020-2030 (18) and the Strategy for the Rights of Persons with Disabilities (19). The Recommendation is also fully aligned with external action policy documents, such as the EU Action Plan on Human Rights and Democracy 2020-2024 (20), the EU Human Rights Guidelines on Freedom of Expression online and offline (21), as well as the EU Gender Action Plan III (22), thereby contributing to internal-external coherence. The strength of the EU’s external action in the area of fundamental rights is based on the way the EU nurtures and bolsters its democratic foundations within the Union.

(7)

The Commission provides financial support for journalists and other media professionals through projects in the area of media freedom and pluralism in the EU and in third countries. For example, since 2014, the Commission has co-financed the Media Pluralism Monitor, which analyses risks to media freedom and pluralism across Europe and reports on mechanisms to safeguard freedom of expression, the safety of journalists and journalists’ working conditions. The Commission is committed to continuing supporting such projects, in particular under the Creative Europe Programme.

(8)

The European Parliament has actively advocated stepping up the Union’s action to protect journalists. In its Report of 25 November 2020 (23), the Parliament expressed its continued, deep concern about the state of media freedom in the EU, in the context of instances of abuse and attacks still being perpetrated against journalists and other media professionals. While in its Resolution of 29 April 2021 (24), the Parliament noted that protecting investigative journalists and whistle-blowers (25) is a vital interest of society, it also highlighted, in its Resolution of 24 June 2021, its concerns with regard to physical, psychological and economic threats committed against journalists and other media workers in the EU (26).

(9)

The 2016 Council of Europe’s Recommendation on the protection of journalism and safety of journalists and other media actors (27), which is based on the requirements of the European Convention on Human Rights (ECHR) and the relevant case-law of the European Court of Human Rights, sets out comprehensive standards in this area. The Recommendation includes wide-ranging guidelines on prevention, protection, prosecution, and promotion of information, education and awareness raising. However, the implementation strategy adopted by the Council of Europe’s Steering Committee on Media and Information Society on 28 March 2018 underlined the urgent need for further progress in applying the Recommendation (28). The Platform to promote the protection of journalism and safety of journalists (29) of the Council of Europe continues to record an increasing number of alerts of attacks on or aggression towards journalists and other media professionals. The standards included in the Council of Europe’s Convention on Access to Official Documents (30) are also crucial to ensure that journalists have the fullest access to public information to enable them to carry out their work. This Recommendation aims to support the implementation of the Council of Europe’s standards, and in particular the 2016 Recommendation on the protection of journalism and safety of journalists and other media actors.

(10)

To prepare this Recommendation, in March 2021 the Commission organised a structured dialogue under the European News Media Forum (31), which brought together journalists, associations of journalists, media councils, news media companies, law enforcement authorities, Members of the European Parliament, representatives of Member States and their regulatory authorities, and international organisations.

(11)

By means of this Recommendation, the Commission aims to strengthen media freedom and pluralism in the EU by promoting joint and coordinated efforts by the Member States to improve the protection, safety and empowerment of journalists and other media professionals. This coordinated approach, involving all key stakeholders in Member States and at EU level as well as relevant international organisations, is necessary to ensure journalists and other media professionals can exercise their profession in Europe safely and effectively.

(12)

In order to ensure and safeguard an enabling environment for journalists and other media professionals, the Recommendation covers a series of issues pertaining to different key aspects of it. This includes horizontal recommendations regarding effective prosecution of criminal acts, cooperation with law enforcement authorities, rapid response mechanisms, training, access to information and venues, as well as economic and social protection. Moreover, the Recommendation includes specific recommendations related to protests and demonstrations, online safety and digital empowerment, as well as the situation of female journalists, those belonging to minority groups or reporting on equality.

(13)

Intimidation, physical and psychological violence, illegal arrests and arbitrary detention, unlawful surveillance, gender-based violence, harassment or discriminatory attacks, both online or offline, are just a few examples of threats to journalists and other media professionals. Public authorities have a duty to protect freedom of expression and journalists’ safety by providing an appropriate legal environment, taking criminal threats against journalists seriously, vigorously prosecuting the perpetrators of any attack and ensuring appropriate investigation and follow-up, including the application of effective, proportionate and dissuasive sanctions. It is essential to guarantee the thoroughness, impartiality, independence, transparency and timeliness of investigations and prosecution of crimes against journalists. To improve the effectiveness of investigative action, Member State authorities could consider setting up special units within police forces to investigate crimes against journalists – in cooperation with journalists’ representatives (32). The appointment and training of coordinators within prosecution offices and courts could also contribute to the success of judicial proceedings. Providing personal protection measures is also key for journalists and other media professionals whose safety is at risk. As crimes against journalists may also be transnational in nature, Member States should make full use of existing European legal cooperation frameworks and, if needed, request support from specialised European agencies such as Europol and Eurojust. Under the Commission’s proposal to strengthen Europol’s mandate (33), where in specific cases, Europol considers that a criminal investigation should be initiated, it could call on the competent authorities in a Member State to initiate, conduct or coordinate an investigation of a crime which affects a common interest covered by an EU policy, even if the crime in question does not have a cross-border dimension.

(14)

Smooth, effective and appropriate cooperation between journalists, other media professionals and law enforcement authorities could ensure better prevention against threats and attacks. Member States should put in place frameworks for cooperation between individual journalists, associations of journalists and law enforcement authorities, and actively encourage dialogue (34) between them, with the involvement of media self-regulatory bodies (media and press councils). This cooperation could include the setting up of joint coordination centres made up of law enforcement authorities and journalists’ representatives (35). Joint coordination centres should work closely with specialist victim support services, which are crucial for safeguarding the safety and psychological well-being of journalists who become victims of crime.

(15)

Establishing points of support, contact and rapid response and early warning mechanisms, independent of law enforcement authorities, represents a vital component of the support system for journalists and other media professionals targeted by physical and online attacks. These points of contact should be free of charge, easily accessible for journalists (and, when needed, their families) and operate in a transparent manner. As required by Directive 2012/29/EU (36), every victim has a right to receive support and protection in accordance with his or her individual needs. Member States should take measures to establish and maintain specialist support services, in particular points of contact, providing counselling, legal advice and psychological support, as well as shelters or any other appropriate accommodation for journalists and other media professional who have become victims of crimes. These contact points should also act as “digital shelters” and provide support in the area of digital security, including, where feasible, the provision of cybersecurity expertise. They should provide support to journalists and newsrooms to deal with online threats and harassment targeting journalists, including threats and harassment targeting journalists due to their sex, sexual orientation, ethnic or social origin or any other ground listed in Article 21 of the Charter. The effective operation of the rapid response and early warning mechanisms requires stable and adequate financing for entities performing these tasks (37).

(16)

A robust system of safeguards at national level is required to enable journalists to fulfil their crucial role ‘on the ground’, especially with regard to access to venues, sources of information and reporting from events of public interest (38). Member State authorities should minimise risks of arbitrary denial of accreditation or registration or cumbersome registration and accreditation systems or procedures, which could deter journalists and other media professionals from being able to perform their work effectively and, at the same time, may constitute unjustified, discriminatory or disproportionate restrictions of the freedom to provide journalistic services. This is crucial to safeguard the enabling environment for freedom of expression as well as to ensure the participation of journalists and other media professionals in public debates on matters of legitimate public interest.

(17)

Ensuring access to documents and information, including official websites, and obtaining timely answers, is a necessary condition for journalists to do their work. While access to information is guaranteed by law in all Member States, practical obstacles remain in many cases (39). Additionally, the recent cases of emergency legislation intended to counter disinformation during the COVID-19 pandemic, which in some instances included provisions of a criminal nature, in some cases had a chilling effect on the work of journalists (40). Such provisions could constitute unjustified, discriminatory or disproportionate restrictions of the freedom to provide journalistic services. In its Communication on tackling COVID-19 disinformation (41), the Commission noted that laws which define these crimes in excessively broad terms or which laid down disproportionate penalties may constrain sources’ willingness to speak to journalists, and lead to self-censorship.

(18)

A modern framework for protecting journalists should include the continuous development of competences and skills for all actors relevant to the protection of journalists and other media professionals (42). Training activities for law enforcement authorities can increase the awareness and attentiveness of police forces with regard to ensuring safety of journalists and other media professionals. The judiciary and prosecution services should also benefit from dedicated training which may equip them with better understanding of, for instance, international standards on freedom of expression, access to information and safety of journalists (43). Training is equally crucial in promoting the most effective approaches towards preventing physical and online attacks targeting journalists, and should provide participants with the appropriate tools to address such threats. Cooperation between journalists, journalists’ associations, online platforms and law enforcement representatives should be encouraged. Media companies can also empower journalists, including those operating in non-standard forms of employment (freelancers, self-employed journalists and other media professionals), through regular training on safety issues as well as by developing risk analysis, operational plans and post-incident reporting systems. Developing these skills requires specific and often costly training, which can usually be afforded only by large and well-established newsrooms. Smaller media outlets might therefore require financial assistance in this regard. Similarly, freelancers as well as self-employed journalists and other media professionals might require financial assistance as often they have to pursue training on their own initiative. The importance of providing training for fact-checkers, who also represent an important component of the news media environment, should also be highlighted.

(19)

The economic repercussions of COVID-19 have highlighted the need to ensure safe and suitable working conditions for journalists. Freelance journalists, in particular, have found themselves in a vulnerable situation, often losing sources of income and having little or no social protection. The framework for protecting journalists should include formal and effective access to adequate social protection for all journalists and other media professionals, including those working in non-standard forms of employment, in line with the Council Recommendation of 8 November 2019 (44). This concerns not only the availability of income support mechanisms but also effective and non-discriminatory access to other forms of social protection, for instance leave or parental support measures.

(20)

Investigative journalists play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risk of physical threats and attacks, which may result in the most tragic cases in assassinations, as seen in Europe in recent years. Member States are called upon to reinforce protection measures for journalists and other media professionals working on issues related to organised crime and corruption. Moreover, Member States should effectively use all available transnational cooperation tools to rapidly investigate crimes against journalists who are victims of organised crime, so as to ensure that those responsible are brought swiftly to justice.

(21)

Journalists and other media professionals are experiencing a growing number of attacks and harassment during protests and demonstrations. During such events, some journalists may be exposed to attacks by private individuals, ranging from physical attacks, violence and verbal abuse to attacks on their equipment. Sometimes they might be also exposed to actions by law enforcement authorities such as arbitrary arrests and interrogations or disproportionate criminal charges (45). Operational solutions and training are therefore needed to ensure journalists’ safety during protests, diminish the risks of potentially unjustified or disproportionate actions and to ensure effective protection by law enforcement forces. In particular, independent liaison officers could ensure that law enforcement authorities communicate with journalists during demonstrations and could act as first contact points for journalists if they experience violence or harassment. Such liaison officers could be trained in risk management and mitigation techniques during public gatherings and provide initial advice with regard to legal remedies available to journalists who are the victims of violence during protests or demonstrations.

(22)

Digital and online safety has become a major concern for journalists. Smear campaigns and online denigration of journalists are frequent. This situation is particularly concerning when politicians or powerful public figures are initiating such attacks (46). Synchronised attacks on journalists by trolls and bots, e-mail hacking, internet restrictions or cyberbullying are some examples of online attacks against journalists and their sources. The safety of female journalists is of particular concern. Journalists and other media professionals are not only targets of online incitement to hatred (47) and threats of physical violence, but can also be subject to illegal surveillance (48), including in the context of police investigations which may compromise the protection of journalistic sources. Ensuring the cybersecurity of mobile communication devices and that journalists and other media professionals are not subject to illegal online tracking or surveillance is therefore paramount in protecting the confidentiality of journalists’ communications. Member State authorities responsible for media, online law enforcement and cybersecurity should play a role in ensuring digital safety.

(23)

The processing of personal data collected through tracking or surveillance tools must comply with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (49) and the Law-Enforcement Directive (EU) 2016/680 of the European Parliament and of the Council (50) as applicable. National data protection authorities and courts are central in ensuring their effective enforcement.

(24)

Journalists and other media professionals should be equipped with digital skills, to strengthen their cyber-resilience and permitting them to better face cyber-threats. Effective dialogue between media self-regulatory bodies, journalists’ associations and industry representatives, as well as Member State authorities in the field of media, online law enforcement and cybersecurity should be encouraged, in particular to develop digital skills among journalists and other media professionals, for instance through targeted training (51).

(25)

Statistics demonstrate that female journalists are subjected to more threats than their male counterparts (52), in particular in the form of online harassment, rape and death threats as well as incitement to hatred based on grounds of gender. These attacks are sometimes the result of orchestrated campaigns aimed at discrediting or silencing female journalists. They may lead to self-censorship, withdrawal from online communities or even decisions to leave the profession (53). Research also shows that such forms of online harassment, threats and incitement to hatred are also disproportionately directed at journalists belonging to a minority group, having a migrant background or reporting on related issues (54). Female journalists reporting on topics related to gender and equality are particularly exposed to threats and retaliation (55).

(26)

Available data show that gender-based violence continue to be prevalent across Europe (56). However, the availability of granular data and the transparency of reporting on violence against female journalists, journalists belonging to minority groups or those who report on equality issues continues to be limited. Member States, industry, civil society and researchers should cooperate to gain more knowledge about such violence. This could also be achieved by encouraging national equality bodies to report regularly on the situation of such journalists.

(27)

Women continue to be under-represented in the media sector in managerial and top executive positions, as well as in the roles of editors-in-chief (57). Moreover, discrimination towards female journalists, journalists belonging to minority groups or reporting on equality issues may occur inside newsrooms. Therefore, measures enhancing equality and inclusion in the media industry as well as ensuring equal working opportunities and a safe and inclusive working environment are necessary (58). Regular dialogues between Member States, representatives of journalists and media self-regulatory bodies as well as collective agreements also play an important role in addressing all forms of violence, harassment and discrimination in the media sector.

(28)

This Recommendation recognises the important role of civil society organisations and news organisations in addressing offline and online harassment, threats and incitement to hatred as well as discrimination of female journalists, journalists belonging to minority groups or reporting on equality issues. It is important to support initiatives by civil society organisations to raise awareness and support and empower these journalists. The same goes for initiatives to promote the sharing of knowledge and best practice among news organisations.

(29)

The Commission will hold regular dialogue with Member States and stakeholders in the relevant forums, in particular the European News Media Forum, and will closely monitor all actions taken by Member States following the adoption of this Recommendation. The network of contact points on the rule of law could also discuss issues related to the safety of journalists as part of the wider rule of law context. No later than 18 months after the Recommendation is adopted, and subsequently on request, Member States should provide the Commission with all relevant information they can reasonably be expected to supply to allow the Commission to monitor compliance. The Commission intends to perform evaluations which will assess the implementation of this Recommendation by Member States and develop key performance indicators related to, for instance: alerts on the Council of Europe’s Platform to promote the protection of journalism and the safety of journalists; how such alerts have been addressed; unresolved and resolved legal proceedings concerning crimes against journalists; the involvement of the relevant EU bodies in those procedures, and the performance of projects and actions put in place by Member States to support journalists and other media professionals. On the basis of the information gathered, and all other available information (59), the Commission will assess the impact of this Recommendation and determine whether additional steps are required to ensure the protection, safety and empowerment of journalists and other media professionals.

(30)

This Recommendation is addressed to the Member States. Candidate countries and potential candidates for EU accession as well as EU neighbourhood policy countries are also encouraged to follow this Recommendation.

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