REPORTS
Journalists’ Union of Athens Daily Newspapers calls for legal reform to ensure the freedom of the press in Greece
On July 14, 2021, the Journalists’ Union of Athens Daily Newspapers issued a statement calling for the abolition of law 1178/1981 (Government Gazette A 187/16.7.1981) which they say is anachronistic, and is affecting the freedom of the press in Greece.
This was prompted by yet another lawsuit filed against a journalist; Nikos Bogiopoulos, who is being sued by the Union of Retired Army Officers (EAAS) for an article he wrote a year earlier.
“We reiterate our firm position for the abolition of law 1178/81, which has the sole purpose of harming the freedom of the press and the commitment of the journalistic world to the principles of the Code of Ethics of the journalistic profession, as voted by the General Assembly of the Union in 1998, and the World Charter of Ethics for journalists of the International Federation of Journalists,”
The position of the Union regarding the repeal of Law 1178/81 is based on the fact that this law has created a litigating industry whose sole purpose is to silence the press and journalists. These lawsuits, they say, are essentially aimed at the obstruction of investigative journalism, and the financial destruction of the media and journalists engaged in it; they are aimed at controlling journalism in Greece so that it doesn’t disrupt or deal with issues that affect private interests.
According to paragraph 1, Article 1 of law 1178/81, upon conviction the accused is obliged to pay full monetary compensation for material and non-material damages for a claim that affected the reputation and good name of a person provided that the claim was made with intent, fault or culpable ignorance by the author of the article or, if unknown, the publisher or the director of the media. According to paragraph 5, Article 1 of the same law, the wronged person must also, before filing a lawsuit, contact the author of the material in question, or if unknown, the publisher or editor, calling on them to print a retraction.
These provisions allow politicians, powerful individuals and large corporations to sue media outlets and journalists, demanding huge sums of money as compensation, which is not really aimed at compensating damages, but at intimidating reporters and the media. With its original provisions passed 40 years ago, this law does not contain provisions to protect against Strategic Lawsuits against Public Participation, so-called SLAPPs, which aim to intimidate and silence critical voices.
The failure to adopt an effective legal framework for dealing with SLAPP lawsuits effectively leaves the media, journalists and organisations vulnerable to abusive legal attacks by powerful politicians or large multinationals who have the financial means to litigate repeatedly against financially weaker media and journalists in order to silence them. This phenomenon ultimately harms the freedom of the press, which is protected by Article 14 of the Constitution.
As such, the state must take immediate measures to protect against these abusive legal attacks. In fact, the need to adopt such measures is supported by both the European Commission and the European Parliament. The Commission is currently preparing a proposal for a directive to “protect journalists and human rights defenders in strategic lawsuits against public participation (SLAPP).”
In November 2021, the European Parliament also voted in favour of a report calling for new rules within the EU, “to counteract the threat that Strategic Lawsuits Against Public Participation (SLAPPs) pose to journalists, NGOs and civil society in Europe.” SLAPPs, they say, are frivolous legal actions based on exaggerated and often abusive claims, aiming to intimidate and professionally discredit their targets, with the ultimate objective of blackmailing and silencing them. Among the measures proposed by the European Parliament is the establishment of rules on early dismissal by the courts so that abusive lawsuits can be stopped quickly based on objective criteria; the claimant should face sanctions if they fail to justify in what way their action is not abusive.
In a state that adheres to the rule of law, both individual rights and the freedom of the press are protected. Journalists have the right to practice their work freely and independently, without censorship or influence.
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