Freedom of the Press in Germany
The Business Model of Hate and its Consequences

The figures do not bode well. In the first nine months of the year, the European Centre for Press and Media Freedom (ECPMF) has already registered 80 violation of press freedom  in Germany. What is it all about in concrete terms? And what is to be done?

 

By Dr. Lutz Kinkel

On 16 October 2021, i.e. when this article was written, was the fourth anniversary of the death of Maltese investigative journalist Daphne Caruana Galizia. She was treacherously murdered, with a car bomb. The last lines Daphne posted on her blog were: "Everywhere you look, there are crooks. The situation is hopeless."

Daphne Caruana Galizia had done her job, which was to keep a close eye on the powerful. She paid for it with her life. To this day, the crime has not been completely solved. The same applies to the murders of Ján Kuciak in Slovakia, Lyra McKee in Northern Ireland, Giorgos Karaivaz in Greece, and Peter de Vries in the Netherlands. For all their differences, these cases have two things in common. First, the murders took place in the EU, which traditionally sees itself as a guarantor of the freedom of the press. Second, the murdered journalists were investigating organised crime.

There was no comparable crime in Germany. But the shock over the bloody deeds runs deep. "Who's next?" asked a journalist I spoke to about the murder of Peter de Vries.

Press Freedom Violations in Germany

Let's take a closer look at the statistics in Germany. The ECPMF in Leipzig, where I work, registers press freedom violations across Europe at www.mappingmediafreedom.org. We have also been investigating politically motivated violence against journalists in Germany since 2015 - you can read about it in the so-called "Feindbild" [enemy image] studies at www.ecpmf.eu.

First of all, here  are the data from mappingmediafreedom.org, an overview of the first nine months of 2021 up to and including 30 September:

1. What happened?

• 80 press freedom violations were registered; 169 media workers were affected.
• 55% of the cases involved verbal attacks, i.e. intimidation and harassment.
• In 27.5% of the cases, media workers were physically attacked.
• In 16.3% of the cases, property belonging to media workers was damaged, for example cameras, computers, mobile phones and cars.

2. Who are the perpetrators?

• In 65% of the cases, the perpetrators were private individuals.
• In 23.8%  of cases, the police or other state security forces attacked media workers or prevented them from doing their work.

3. Where do the attacks take place?

• In 80% of the cases, media workers were attacked at demonstrations.
• 62.5% of the attacks were linked to the Coronavirus pandemic, i.e. took place at protests against the measures to contain the pandemic.

The figures from last year are not significantly different in terms of relations. This means, first that the bad trends from 2020 continue. Germany lost two places  in the Reporters Without Borders (RSF) Press Freedom Index because of violence against media workers and is now ranked 13th. According to our data, no improvement is expected in 2021.

Second, most attacks are verbal. The hatred with which women journalists in particular are persecuted has serious consequences however. It can lead to trauma, burnout or self-censorship, i.e. the deliberate failure to address issues that are expected to lead to shitstorms and trolls.

Third, the most dangerous place for media professionals to work remains demonstrations, especially those that have fallen under the label of "lateral thinking" since 2020. TV stations now often send out film crews with security personnel. Freelance journalists who cannot afford such security film with their mobile phones so as not to be recognised immediately. At a number of demos, the police have not protected media workers adequately or have even actively obstructed their work.

The list of factors threatening press freedom in Germany is of course even longer. We would also have to talk about Strategic Lawsuits against Public Participation (SLAPPs), state Trojans, the shortcomings of the Freedom of Information Act, public broadcasters, but above all about the brutal economic weakening of private sector media. In the regions, newspapers are dying along with their subscribers; adequate replacements are not in sight. At some point, the locally governed will be able to read only what the local governments spread on their PR channels - if journalistic innovations in rural areas are not promoted decisively in the end.

The "Business Model of Hate"

The most urgent task at this time, however, is to protect active journalists from physical and psychological threats. To do this, we must look at the "business model of hate" that has turned serious journalism into an enemy image. Those who believe that the Coronavirus measures are designed to establish a dictatorship remotely controlled by Bill Gates must want to see all fact-based journalism go to hell. This belief in conspiracy narratives is fuelled every day by at least two powerful actors, however: political right-wing populism and extremism, and the social media. The one generates followings and votes with disinformation, the other clicks and advertising revenue. In order to break up this complex, the platforms must be held accountable. The algorithms must no longer be programmed to deliver harder and crazier material. Moreover, users must be able to recognise what is reliable information and what is manipulative nonsense. Media literacy should be a compulsory subject in German schools. "Journalismus macht Schule" [journalism sets a precedent] and "Lie Detectors" the ECPMF's partner, show how it can work.

In addition to long-term work, however, we also need instruments that have an immediate effect on the threatening situation. There are many good ideas on the table. In April 2021, the "Medienkodex zum Schutz von Journalist*innen”  [Media Code of Conduct for the Protection of Journalists][4] was presented. It requires in particular media companies to provide financial, legal and psychosocial support when employees or freelancers come under pressure. Regarding the relationship between police and media, the ECPMF has developed the European Freedom Police Codex,[5] and the Press Council has published the updated "Verhaltensgrundsätze für Medien und Polizei" [Principles of Conduct for the Media and the Police]. 
 

"Media Freedom Rapid Response" of the EU

The EU has reacted also. In 2020, the "Media Freedom Rapid Response" was launched, a programme coordinated by the ECPMF. It supports threatened media professionals within the EU and the accession countries with legal aid, training, relocation and public relations. An anti-SLAPP directive has been announced; Vera Jourova, Vice-President of the European Commission, has issued recommendations for the protection of media professionals. The "European Media Freedom Act" announced by Commission President Ursula von der Leyen is eagerly awaited. Will the EU manage to re-establish media freedom as a pillar of the legal community - and lived political practice - in all Member States?


The initiatives to safeguard media freedom show that there is growing awareness of what happens when it does not exist. For then it is not only people who are in danger, but democracy itself. Hungary should be a warning to us.