1 Press freedom in Kosovo: Myth or Reality? Communications Management, Webster University Geneva Kaltrina Podrimaj MEDC 5350: Media Organizations and Regulations Dr. Katarzyna Jagodzinska April 2021 2 Abstract The Republic of Kosovo is the youngest country in Europe and after many challenges, it has not yet managed to join the European Union. Considering the fact that it is a post-war country, Kosovo faces a lot of problems related to economics, politics, and corruption. Even though freedom of expression and the media are guaranteed by the Constitution (Constitution of the Republic of Kosovo, n.d., Article 42, p.12), practicing the profession of journalism is very challenging. While Kosovo has a legal system that complies with European standards for the protection of freedom of speech, freedom of the press, and the right to information, these laws are rarely applied or respected. Given the number of attacks and threats against journalists, the question of this research paper is whether press freedom in Kosovo exists or it is just a myth. Therefore, the purpose of this paper is to find out more about the rights and restrictions of the media in Kosovo as well as the safety of journalists, on whom there are frequent attacks. Primary and secondary research were conducted in order to analyze this topic fully. The primary research includes interviews with journalists who were attacked, whereas secondary research is based on textbooks, academic papers, news articles, and reports that explain in greater detail the situation of freedom of the press in Kosovo. 3 Table of Contents Abstract………………………………………………………………………………………......О шибка! Закладка не определена. Table of Contents………………………………………………………………………………... 3 Introduction……………………………………………………………………………………... 4 Methodology...…………………………………………………………………………………....4 Literature review ………………………………………………………………………....……5 Media environment………………………………………………………………………….... 6 Legal framework and press freedom…………………………………………………………..7 The state of press freedom and journalists' safety……………………………………………. 8 Presentation of Results………………………………………………………………………….. 8 Finding One: Journalists, regardless of gender, are brutally attacked when they express their opinions………………………………………………………………………… 8 Finding Two: Journalists are self-censored because politics control businesses that advertise in media ………………………………………………………………………...……………9 Finding Three: Attacks are usually from citizens or politicians who do not agree with journalists …………………………………………………………………………………….10 Finding Four: Journalists do not have support from state institutions and most of the cases remain unsolved …………………………………………………………………...11 Discussion……………………………………………………………………….…………...….11 Conclusion…………………………………………………………………………………….... 13 References……………………………………………………………………………………….15 Annexes…………………………………………………………………………………………. О шибка! Закладка не определена. 4 Press freedom in Kosovo: Myth or Reality? This research study assesses press freedom, the legal system that guarantees freedom of the press, as well as threats and attacks against journalists in Kosovo. To begin with, between 2014 and 2021, numerous cases of attacks against journalists were reported. For instance, in 2014, Milot Hasimja, an editor at the Klan Kosova television station in Pristina, while he was working in his office, he was stabbed five times in the neck and head by a man who didn't like his story (Balkan Insight, 2017; M. Hasimja, personal communication 2021 ).1 Another example is the case of Arbana Xharra, a well-known former political journalist, who was physically attacked in front of her home in 2017 by unknown persons after returning from a TV program (Telegrafi.com, 2017) where she shared her opinion about religious extremism. After that night, and several other threats, she was forced to leave Kosovo, and now lives in the US (A. Xharra, personal communication, April 3, 2021). In December 2020, while walking in Pristina, journalist Valon Syla was attacked by a man asking him not to show on TV again because of his critical views of the Kosovo diaspora (SafeJournalists.net, 2020).2 Based on the cases below, citizens of Kosovo seem to have some internal dispositions or biases against journalists who share their views on various topics which will be evaluated later on in this research. Methodology In order to answer the leading question of this paper, primary and secondary research methods were conducted. Secondary research is focused on three key sources: first, literature that illustrates press freedom in general, and second, textbooks that describe press freedom in Europe, and third, analysis of documents and reports from local and international organizations that 1 2 Please see Annexe 1 Please see Annexe 2 5 elaborate the situation of the media in Kosovo. Primary research includes semi-structured interviews with three journalists that have experienced physical attacks and threats. Due to the pandemic measures, the interviews were conducted digitally, via email. Participants were informed of the reason for this research paper and after being promised confidentiality they agreed to use their real names in the interview. The use of both above-mentioned research approaches contributes to the development of a picture of press freedom in Kosovo, the reasons behind the journalist attacks, and possible recommendations that could help to change the situation in the future. Literature review This literature review will be developed in a zoom-in form, which means that it will begin with an overview of press freedom and then drill down into specifics about the situation in Kosovo. When it comes to the state of the media in Kosovo, we will assess whether the term "democratic" accurately represents the country's freedom of the press. Going back in history, the topic of press freedom is ancient. Since it would be difficult to study the whole history, an overview of press freedom might need to begin with the fact that authors from around the world have come to different conclusions. The majority of these theories are very broad and do not go into great detail about individual countries, instead, they are focused on larger regions describing them as a whole. A good example of this is the theory of authors Hallin and Mancini who describe The Mediterranean countries as the home to the "Polarized Pluralist Model." According to them, in these countries, the mass-circulation newspaper does not have a firm footing, the state is interventionist, political parallelism is high, and journalistic professionalism is not deeply rooted. Moreover, the journalists in these countries are described as more “dependent” on political elites (Hallin & Mancini, 2004, p.329-330). This 6 theory addresses media freedom, but it does not go into depth about the situation in Kosovo; instead, it lumps it in with other Mediterranean nations. A common study used to elaborate press freedom is also the one by authors (Czepek et al., 2009). Their approaches have been influential in the field because their book contains a wealth of material on the situation of the media in Europe. In the book Press Freedom and Pluralism in Europe, they elaborate that "The term ‘press freedom’ is not found in the constitution of Sweden, for example, even though its press enjoys more freedom than in almost any other state on earth. And being printed in the constitution does, by no means, signify that it is implemented de facto." (Czepek et al., 2009, p.24-25). Despite the fact that the book contains a lot of useful information about the press in Europe and the Balkans, there is still a gap regarding the state of the media in Kosovo. Clearly, both of the textbooks mentioned above have legitimate arguments, but their analysis is too general to refer to all Mediterranean countries. Furthermore, this paper will elaborate on the media environment, legal framework, press regulations, and freedom in Kosovo, based on reports and studies from national and international organizations. Media environment Kosovo has undergone a double transition – from war to peace and from a communist to a formally democratic system (Bellonia & Strazzarib, 2015, p.858). Today, Kosovo is a unitary parliamentary republic, with a government, a unicameral assembly, and a civil legal system (The Association of Journalists of Kosovo (AJK), 2019, p.7). For a newly independent country, the number of media outlets is quite impressive. According to an annual report of the Independent Media Commission, the licensed media that have operated in Kosovo in 2019 includes: 19 TV Stations (one public TV station), 86 Radio Stations, and 41 Distribution Operators (Independent 7 Media Commission (IMC), 2019, p.36). On the other hand, there are no accurate statistics on the number of online media, as they are registered as limited liability companies or with unverified ownership (The Association of Journalists of Kosovo (AJK), 2019, p.8). Kosovo has a pluralistic but polarized media system (The Association of Journalists of Kosovo (AJK), 2019, p.8). Because of the high rate of unemployment, many workers from different backgrounds, including journalists, are forced to work under unfavorable circumstances, without contracts, protection, or insurance (The Association of Journalists of Kosovo (AJK), 2019, p.16). Moreover, media outlets are generally not economically stable. The lack of an audience measurement system and a strong private advertising industry means that private broadcasters depend on other sources of funding and few are able to operate without strong links to political and business interest groups. Journalists often work without contracts, which makes them vulnerable to corruption and prone to self-censorship (European Union, 2019, p.15). Legal framework and press freedom Freedom of expression and that of the media are guaranteed by the Constitution of Kosovo3 and the European Convention on Human Rights4 (Constitution of the Republic of Kosovo, Article 42; European Convention on Human Rights, Article 10). Broadcast media are regulated by IMC – an independent institution established by the Assembly of Kosovo while print media and their online portals regulate themselves through the Press Council, a self- 3 Note. Freedom and pluralism of media is guaranteed. Censorship is forbidden. No one shall prevent the dissemination of information or ideas through media, except if it is necessary to prevent encouragement or provocation of violence and hostility on grounds of race, nationality, ethnicity or religion. Everyone has the right to correct untrue, incomplete and inaccurate published information, if it violates her/his rights and interests in accordance with the law. From "Freedom of Media'' by Constitution of Republic of Kosovo, 2008, Article 42, p.12 4 Note. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. From "Freedom of expression" by European Convention on Human Rights, updated 2020, Article 10, p.10. 8 regulatory body that operates according to its own statute (OSCE, Organization for Security and Co-operation in Europe, 2014, p.8). The Press Council is considered the most independent regulator of political influence, as the election of its board does not depend on the Assembly, as is the case with the IMC board (The Association of Journalists of Kosovo (AJK), 2019, p.14). The state of press freedom and journalists' safety According to The Association of Journalists of Kosovo annual report, there were 21 cases of attacks and threats against journalists and media in 2019. When comparing this number of attacks and threats with that of previous years, it is seen that there has been an increase in cases of attacks during 2019 and potential reasons why this happened are too complex. The report shows that in 2017, 24 cases were reported, while in 2018 there were 18 cases (The Association of Journalists of Kosovo (AJK), 2019). Moreover, in the same report, there have been mentioned concrete examples of threats against journalists like refusal of companies to advertise in the specific media outlet if a journalist writes a critical piece on some politicians and their businesses, intimidating phone calls, or threats of physical violence that journalists get in effect negatively their willingness to report on organized crime or corruption (The Association of Journalists of Kosovo (AJK), 2019 p.11). Presentation of Results Finding One: Journalists, regardless of gender, are brutally attacked when they express their opinions This research found that journalists who share their opinions on more sensitive topics such as politics, diaspora perspectives, religious extremism, or non-political nature, are more likely to be targeted or assaulted. There were a lot of similarities in the interviews made with journalists who were attacked in Kosovo during 2014-2021. For instance, in 2014, the editor 9 Milot Hasimja was stabbed five times while working in his office by a man who wanted to delete a story Hasimja had published about him with his permission. Similarly, Arbana Xharra, was physically attacked in front of her home after returning from a TV program where she shared her opinion on religious extremism, more specifically about Islam5. The same is the case of Parim Olluri, a journalist who was physically attacked in front of his fiancée because his stories are usually related to politics. These findings suggest that citizens do not respect the voice of reporters and to stop them from sharing their opinions they attack or threaten them. When it comes to sensitive topics such as religion or politics perpetrators are unconcerned with the gender of the journalists or the presence of other individuals to commit the crime. Finding Two: Journalists are self-censored because politics control businesses that advertise in media In the literature review, it is mentioned that the media in Kosovo are not economically stable and it is very hard to operate without strong links to political and business interest groups. This point is also explained by two of the interviewees. For instance, P.Olluri says that the government intervenes in businesses that advertise in the media if they publish any critical articles about them (P. Olluri, personal communication, April 9, 2021). A.Xharra has a similar opinion on this matter. She states that the media is dependent on advertising revenues from businesses, and while most companies cannot function without being connected to politics, this creates a chain that puts pressure on journalism and also leads to self-censorship (A. Xharra, personal communication, April 3, 2021). Based on their answers we can assume that politics have a strong impact on press freedom. This is also supported by the European Commission's 5 Please see Annexe 3 10 annual Progress Report where it is mentioned that in at least two cases of attacks on journalists in 2019, high-level politicians were involved. (European Commission, 2020, p.31). Finding Three: Attacks are usually from citizens or politicians who do not agree with journalists Citizens and politicians of Kosovo seem to have attitudes against freedom of expression, which leads to disagreements with journalistic viewpoints and sometimes also in violence. For instance, A.Xharra publicly discussed on television and social media how mosques were being built from Turkey in Kosovo and how this was leading to the spread of Islamism. The physical attack that night wasn't the only one she experienced because of her views on this topic. In the interview, she explains how she received direct threats on social media, people went to her office and she was followed by cars. To make her stop talking about this topic, unknown people drew a cross as a sign of anti-Islamism in the building where she lived. After so many threats, she had to leave Kosovo. Likewise, M.Hasimja got attacked because his story contained the attacker's statement, which he had previously agreed to publish but eventually changed his mind. The last example that follows this pattern is P.Olluri's case, which was motivated by his stories (Telegrafi.com, 2017). When analyzing these findings, the evidence suggests that the reasons behind the attacks are related to the opinions of the journalists. This means that reporters who dare to share their viewpoints are likely to be attacked by individuals such as those who are religious or political, and who do not want journalists to have an impact on the Kosovar audience. 11 Finding Four: Journalists do not have support from state institutions and most of the cases remain unsolved When it comes to cases of assaults on journalists, Kosovo's state institutions and the justice system seem to be negligent. Based on the cases of the journalists, a major problem in addition to the attacks on them is the inability of the police to find those responsible for the crimes. Again, according to the interviewees, all cases of threats and attacks were reported to the police. When asked, how has the case been handled by the justice system, A.Xharra states that "Since those who threatened and beat me remain unidentified, I believe the justice system in Kosovo is a failure" (A. Xharra, personal communication, April 3, 2021). In the same question, P.Olluri says that the case of his attack has not been solved yet as a result of the negligence of the police and the justice institutions of Kosovo (P. Olluri, personal communication, April 9, 2021). Given the passage of time after the Xharra and Olluri cases, the police's efforts seem to have been insufficient or ineffective in fixing the situation. This suggests that someone considering an assault against journalists, would not take the police seriously because of their inability to solve these crimes. Discussion To come to a conclusion about the state of press freedom in Kosovo, this study used a combination of research methods, starting from existing literature to primary research. Broadly it was explained by existing literature that the existence of press freedom in Kosovo is a questionable issue. Moreover, in several reports, it was mentioned that threats, and violence against journalists, as well as the weak judicial prosecution of perpetrators, remain serious challenges to the freedom of media (OSCE (Organization for Security and Co-operation in Europe MISSION IN KOSOVO), 2014, p.12). Furthermore, media outlets need to cooperate 12 with politics or businesses in order to be able to operate. Journalists often work without contracts, which makes them vulnerable to corruption and self-censorship (European Union, 2019, p.15.) Also, the issue of the persistence of violence against journalists continues to be largely due to the impunity of the people who perpetrate such actions. (Qavdarbasha & The Institute for Development Policy (INDEP), 2015, p.12). The authors below provide an accurate overview of the current situation of attacks on journalists in Kosovo, but why do these attacks keep happening? When analyzing the literature, there is no clear information about the motives that lead to attacks against journalists. The research shows that existing literature doesn't go into detail about the reasons why journalists are attacked and instead provides general information about this issue. The annual Progress Report of the European Commission is one of the most important indicators of Kosovo's progress in general. According to this report, in 2020 the judgment of cases remains slow and rule of law institutions need to continue efforts to follow up on threats and attacks against journalists (European Commission, 2020, p.6-31). Also, the European Commission's annual report mentions the involvement of politicians in attacks against journalists. (European Commission, 2020, p.31). These reports correspond well to the findings from the interviews in primary research. The attackers of A.Xharra and P.Olluri are still not found, their cases remain unsolved in 2021 and both of them said that politics have an impact on press freedom. On the other hand, this research paper is not without its own limitations. It was not easy to get in contact with the journalists and to get their agreement to give answers to an interview about their attacks. For instance, editor M.Hasimja said that he didn't talk about this for a long time because he was mentally tormented by the attack (M.Hasimja, personal 13 communication, April 3, 2021). Press freedom in Kosovo seems to have a lot of serious issues, however, only a handful of studies on this topic have been conducted. Conclusion This research has found that despite laws and regulations of press freedom, journalists continue to be threatened or attacked in all forms. Kosovo has a legislative base that is in line with European standards and protects the freedom of expression, media, and the right to information, but this legal framework's enforcement continues to be an issue. Based on the findings, three conclusions are made, which seem to be the fundamental problems with press freedom in Kosovo. First, a crucial persistent issue remains attacks and threats against journalists. The attacks seem to be by individual citizens or politicians who simply do not agree with journalists who share their views on a variety of issues such as politics, diaspora, or religious extremism. Second, the attacks are not taken seriously by the justice system, there is a lack of rules to protect journalists, and the prosecution of crimes against journalists is unsatisfactory. Third, there is legislation in Kosovo that guarantees press freedom, but the laws are not respected. Laws and rules that come from the constitution of a country must be respected, and if the citizens do not take this into account, it means that there is a lack of awareness or education. Guaranteeing press freedom in the constitution and teaching citizens to respect it are two different things. According to the finding of this research, Kosovo seems to be successful in the first aspect but has significant problems in the second one. To create and secure a favorable environment for journalists and press freedom as guaranteed by-laws, the government should create coherent strategies and campaigns designed to inform and educate citizens about press freedom. Proper education of the youth and awareness of the benefits of a free press can be a good long-term strategy. A positive step in this direction for 14 Kosovo could also be the establishment of a system of protection for journalists and the media. Justice authorities and the police should take prosecutions of crimes against journalists more seriously and cooperate with the media in cases of threats or attacks. Moreover, improving attackers' impunity is crucial because if they would get more appropriate sentences, that would discourage others from committing such crimes because they would fear the consequences. 15 References The Association of Journalists of Kosovo (AJK). (2019). Indicators on the level of media freedom and journalists’ safety. http://agk-ks.org/wp-content/uploads/2020/11/KOSALB-2019.pdf Bellonia, R., & Strazzarib, F. S. (2014, July 30). Corruption in post-conflict Bosnia-Herzegovina and Kosovo: a deal among friends. 35, 855-871. https://www.tandfonline.com/doi/abs/10.1080/01436597.2014.921434 Constitution of the Republic of Kosovo. (2008). Freedom of Media. Article 42, (12), 1-62. http://www.kryeministriks.net/repository/docs/Constitution1Kosovo.pdf?__cf_chl_jschl_tk__=de39db489735ed1 39a1ddaf13c4cf3c7c0fa0cae-1619513040-0AQF_2jGz4ZoYNLQ3w5mt_myVixHhtd8soOkezxmw1nSKFRjRTNTy3d1BtxXcbx36f IfH-QgDMOuV7N_FdXqrw9eKAqq2s5NsaXJ2TDlt0LqvY_6 Constitution of the Republic of Kosovo. (2008). Protection of Journalists Sources. 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State of the Media in Kosovo 2015. http://www.qendrore.com/indepi/wpcontent/uploads/publications_en/The%20State%20of%20the%20Media%20in%20Kosov o%202015.%5BShkamb%20Qavdarbasha%2C04.2015%2CDemocratic%20Governance %5D.pdf Reporters without borders. (2019). Kosovo, Continued press instability. https://rsf.org/en/kosovo SafeJournalists.net. (2020, December 23). Kosovo’s journalists Syla attacked in broad daylight. https://safejournalists.net/portfolios/safejournalists-kosovos-journalists-syla-attacked-inbroad-daylight/ Telegrafi.com. (2017, May 13). Kështu dukej Arbana Xharra derisa po merrte ndihmën mjekësore në spital. https://telegrafi.com/keshtu-dukej-arbana-xharra-ne-kohen-kur-pomerrte-ndihmen-ne-spital-foto/ Telegrafi.com. (2017, August 16). Olluri: Nuk di kush mund të jenë personat që më sulmuan. https://telegrafi.com/olluri-nuk-di-kush-mund-te-jene-personat-qe-sulmuan-video/ Telegrafi.com. (2021, January 08). Dënohet me 4 mijë e 500 euro sulmuesi i Valon Sylës. https://telegrafi.com/denohet-4-mije-e-500-euro-sulmuesi-valon-syles/ Voice of America. (2021, February 25). Kosovë: Sulmohet gazetari Visar Duriqi. https://www.zeriamerikes.com/a/kosovo-journalist/5792235.html 18 Annexes Annexe One - Attack against editor Milot Hasimja Picture 1: M.Hasimja in hospital after the attack Picture 2: M.Hasimja in hospital after the attack Video 1: Journalist talks from the hospital right after the attack: https://www.dailymotion.com/video/x28qb42 19 Annexe Two: Attack on journalist Valon Syla Picture 1: Journalist Valon Syla (in front) and the attacker (in the back) Video 1: The attack https://www.youtube.com/watch?v=tfLJG44HNy0 20 Annexe Three - Attack on former journalist Arbana Xharra Picture 1: A.Xharra in the hospital after the attack Picture 2: A.Xharra's face after the attack 21 Picture 3: Journalist A.Xharra in a hospital in Pristina right after the attack