“Constraints on funding media have become so severe in many countries that running an independent media outlet is effectively criminalized” according to Edward Pittman, co-author of the report “Misuse of Economic Charges to Silence, Threaten and Attack the Press”. In a chilling report, Pittman and Elisa Juega have highlighted the ways that governments around the globe use financial crime allegations to effectively silence independent journalism, instead of resorting to normal sedition and libel laws.
The report documents eight cases where independent journalism has come under attack through financial crime allegations. Authored by Elisa Juega and Edward Pittman, the report illustrates how charges such as tax evasion, money laundering, extortion, blackmail, terrorism financing, fraud, embezzlement, and illegally receiving foreign funds are weaponized against the press.
“In a growing number of countries, constraints on funding media are so high that the business of running an independent media is effectively criminalised. This forces journalists and media outlets into exile.”
– Edward Pittman, Co-author: Misuse of Economic Charges to Silence, Threaten and Attack the Press
“The Chilling Effect of Financial Charges”
Elisa Juega notes that charges of money laundering, fraud, or tax evasion often result in prison convictions, creating a chilling effect on the media community. Defending against these complex and opaque charges is costly, and many journalists and media outlets lack access to proper legal defense. Even when legal representation is available, lawyers defending these cases often face persecution themselves.
“Defending such complex and sometimes opaque charges is very costly for journalists and media outlets, and many lack access to a proper legal defence. When they have, too often lawyers are also persecuted.”
– Elisa Juega, Co-author: Misuse of Economic Charges to Silence, Threaten and Attack the Press
Financial charges, which fall under criminal law, frequently lead to lengthy pretrial detention, prison terms, and hefty fines. The consequences can be devastating, including financial ruin and the closure of media operations. Journalists and media outlets often have their bank accounts frozen and assets seized, severely hampering their finances.
Case Studies of Media Under Attack
The report reviews eight cases to highlight the misuse of financial charges:
Abzas Media, Azerbaijan: Abzas Media is one of the few remaining independent media outlets in Azerbaijan. Its journalists investigate corruption and environmental issues. In November and December 2023, six staff members at Abzas Media were arrested on charges of foreign currency smuggling in Azerbaijan and receiving foreign funding for their media organization.
El Faro, El Salvador: Published a story about negotiations between the government and gangs to reduce homicide in exchange for benefits inside and outside prisons. Less than a month after this story was published, President Bukele announced on the national radio and television network that El Faro was under investigation for money laundering and tax evasion, without offering any proof.
Erick Kabendera, Tanzania: Kabendera, a freelancer, was arrested in 2019 and convicted of tax evasion and money laundering. His supporters claimed the charges were politically motivated following his criticism of the government.
Jimmy Lai, Hong Kong: The founder of Apple Daily is serving a 20-month sentence on charges of breaching national security and colluding with foreign forces. The newspaper was forced to close after its assets were frozen.
José Rubén Zamora, Guatemala: The president of elPeriódico has been in jail since 2022, accused of money laundering, blackmail, and influence peddling.
Maria Ressa and Rappler, Philippines: Maria Ressa, CEO of Rappler and former CNN investigative reporter for Asia, is a globally renowned journalist and Nobel laureate. She has received numerous accolades, including the 2021 UNESCO/Guillermo Cano World Press Freedom Prize and the 2018 WAN-IFRA Golden Pen of Freedom. Ressa and Rappler faced 23 legal charges, including tax evasion, under the former Philippine administration after raising foreign funding.
Nika Gvaramia, Georgia: Nika Gvaramia, the only journalist jailed in Georgia for their work since 1992, has faced numerous financial charges and investigations. Gvaramia, then director of Mtavari Arkhi, faced charges of money laundering, bribery, and abuse of power related to his time at Rustavi 2 in 2019. Although acquitted of money laundering and bribery, he was found guilty of abuse of power, resulting in a fine and imprisonment. In June 2022, he was sentenced to three and a half years in prison.
NewsClick, India: The outlet faced charges linked to its critical coverage of the ruling political party. Authorities used anti-terrorism laws to search and seize property and detain staff. NewsClick experienced raids on its offices and staff in 2021 and 2023, with 45 reporters having their homes raided. Staff faced charges including money laundering and illegal receipt of foreign funding. In October 2023, founder Prabir Purkayastha and HR head Amit Chakravarty were arrested in an investigation into suspected foreign funding.
Press Freedom in India
This already puts the threats to press freedom on a pedestal in India. The country often touted as the world’s largest democracy, ranks 159th out of 180 countries on the World Press Freedom Index 2024 by Reporters Without Borders (RSF: Reporters Sans Frontières). This places it below Pakistan, which stands at 152nd. The report finds that financial crimes are effective in silencing media because they do not require a link to the content produced and are not subject to the same international scrutiny as laws explicitly targeting media.
“With violence against journalists, highly concentrated media ownership, and political alignment, press freedom is in crisis in “the world’s largest democracy”, ruled since 2014 by Prime Minister Narendra Modi, leader of the Bharatiya Janata Party (BJP) and embodiment of the Hindu nationalist right” it says about India on the RSF Website.
Global Trends in Media Suppression
The WAN-IFRA report, produced in collaboration with the Inter American Press Association (IAPA) and supported by UNESCO, aligns with findings from other organizations. The Thomson Reuters Foundation’s report “Weaponizing the Law: Attacks on Media Freedom” highlights a global increase in legal threats against journalists. At the end of 2022, the Committee to Protect Journalists (CPJ) recorded 363 imprisoned reporters, while Reporters Without Borders documented 533.
“Governments worldwide are strengthening speech-related crimes to shield those in power from criticism. In the past five years, at least 43 states have enacted or amended laws to expand penalties for defamation, anti-terrorist activity, national security, false news, public disorder, and cybercrimes. These laws are frequently misused to prosecute journalists.”
The Thomson Reuters Foundation’s report, “Weaponizing the Law: Attacks on Media Freedom,” highlights this alarming trend, describing it as a “global tidal wave of legal threats against journalists, designed to stifle unwanted narratives and public debate.”
Media freedom organizations have documented unprecedented numbers of imprisoned journalists. By the end of 2022, the Committee to Protect Journalists (CPJ) reported that 363 journalists were jailed, while Reporters Without Borders (RSF: Reporter Sans Frontières) recorded 533, using a different methodology. These figures underscore the growing risks faced by journalists worldwide.
According to the report, governments around the globe are increasingly enacting or amending laws to expand and increase penalties for speech-related crimes. Over the past five years, at least 43 states have introduced or tightened laws on defamation, anti-terrorism, national security, false news, public disorder, and cybercrimes. These laws are frequently misused to target journalists, suppressing free speech and independent reporting.
The report identifies several legal tactics used to silence journalists, chief among which indlude:
Defamation and Insult: Lawsuits for defamation and insult are common tools to intimidate journalists and deter critical reporting.
SLAPPs (Strategic Lawsuits Against Public Participation): These civil actions, often supported by governments, are designed to harass and silence journalists rather than seek legitimate redress.
Espionage, Treason, and Foreign Influence: Journalists are accused of espionage or treason to justify severe penalties. For example, Iranian journalist Jamshid Sharmahd was recently executed on such charges.
Cyber-libel and Cybercrime Provisions: Cybercrime laws are increasingly used to prosecute journalists for their online activities.
Fake News: Laws against fake news, exacerbated by the COVID-19 pandemic, are used to suppress information and control narratives.
Counter-Terrorism and Anti-Extremism Laws: Countries like Turkey, the largest jailer of journalists in Europe according to the Reuters’ report, rely on anti-terror laws to detain journalists.
Financial Crimes: Allegations of tax evasion, extortion, and money laundering are used to target journalists, as seen in the cases of High Profile Indian Journalist Rana Ayyub and Jimmy Lai.
Lèse-Majesté and Desacato (Spanish for contempt) Laws: These laws, which criminalize insulting a public official, are used to silence dissent.
Recent convictions of Journalists:
Iran: Jamshid Sharmahd, a German-Iranian journalist, was executed on charges of espionage and treason.
Hong Kong: The sedition case against Chung Pui-ken and Patrick Lam journalists highlights the use of colonial-era laws to suppress media freedom.
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Manbilas Singh is a talented writer and journalist who focuses on the finer details in every story and values integrity above everything. A self-proclaimed sleuth, he strives to expose the fine print behind seemingly mundane activities and aims to uncover the truth that is hidden from the general public. In his time away from work, he is a music aficionado and a nerd who revels in video & board games, books and Formula 1.
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