IFJ and EFJ: Court of Appeal Undermines the Principles of Free Journalism

The International and European Federations of Journalists have strongly reacted to the decision of the Court of Appeal in the case against IRL and Editor-in-Chief Sashka Cvetkovska, stating that it violates the fundamental principles of free journalism and sets a dangerous precedent. According to them, such judicial interventions pose a serious threat to media freedoms and run counter to European standards on the protection of freedom of expression.

Following yesterday’s decision of the Court of Appeal to reject IRL’s appeal in the case Andjushev vs Sashka Cvetkovska and IRL, the world’s largest journalists’ organizations – the International Federation of Journalists and the European Federation of Journalists – expressed grave concern through statements by their leaders, warning that judicial pressure on independent journalism in this case will have far-reaching consequences for media freedom in North Macedonia.

The case concerns alleged defamation and insult, brought by former Deputy Prime Minister and businessman Kocho Angjushev against the Investigative Reporting Lab (IRL) and its Editor-in-Chief Sashka Cvetkovska, in connection with the investigative documentary “Conspiracy Against the Air”, broadcast in 2021.

The Secretary General of the International Federation of Journalists, Anthony Bellanger, stated that “this ruling represents a dangerous precedent for press freedom in North Macedonia and across Europe.”

“The International Federation of Journalists condemns the decision of the Court of Appeal to uphold the first-instance verdict that found IRL’s newsroom guilty of defamation. No court can arbitrarily define who is a journalist or what constitutes a media outlet, especially when the work in question clearly falls within the scope of investigative journalism and was broadcast on a national public channel.”

The representative of the organization, which represents 600,000 journalists worldwide, added that “by claiming that a non-governmental organization cannot produce journalistic content, the Court opens the door to institutionalized censorship. Requiring a media outlet to wait indefinitely for a response before publication is tantamount to granting the parties involved a veto over information of public interest.”

Bellanger warned that this is contrary to European standards on freedom of expression and added:

“The International Federation of Journalists expresses its support for IRL, Sashka Cvetkovska and the Independent Union of Journalists and Media Workers. We call on the authorities to ensure that courts respect constitutional principles and European case law protecting journalism, regardless of its organizational model.”

The Secretary General of the European Federation of Journalists, Ricardo Gutiérrez, did not hide his outrage over the civil ruling, stating that “this decision encourages political authorities to unilaterally decide who is a journalist or which organization deserves the status of a media outlet.

“The European Federation of Journalists, which represents 300,000 journalists in 44 European countries, including North Macedonia, condemns this dangerous authoritarian move. In a democracy, it is not for the authorities to decide who is a journalist and what constitutes a media outlet.”

He added that “the Court of Appeal delivered a ruling that is completely at odds with the facts (it is obvious that IRL is a media outlet and that its journalists produce journalistic content) and went beyond the legitimate scope of its authority by suggesting political action that is repressive and contrary to all European legal standards on press freedom.”

“We demand a thorough review of this ruling, which is as Orwellian as it is wrong,” the EFJ Secretary General concluded.

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