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PRESSURES ON FREEDOM OF EXPRESSION

It would be nearly impossible to exhaustively list the ways in which someone can put pressure on and threaten freedom of expression. Those who have been targeted with online pressure or abuse will undoubtedly feel its consequences.

For the broader public, we can see these threats everywhere - from commenting threads, social media platforms, and increasing hate speech and intentional defamation.  It has been nearly impossible to legally qualify perceived ‘pressure’, as it rarely meets legal thresholds, but in targeting journalists and activists, it causes serious distortions in and to public debate and decision-making.

When this type of pressure is top-down - coming directly from public figures, politicians, or others in power (employers, editors), it can have a multiplier effect on the spread and resulting effects on the target. Even if perceived as a form of micro-aggression, long-term consequences are hard and prevent,  not only for the target, but also for the general public and media ecosystem.

For some who have been targeted with online violence, instead of moving away from online participation, they chose to respond with more speech and more engagement. Speaking openly about an experience of online abuse (in addition to utilizing institutional or alternative mechanisms of protection), can be helpful for several reasons. Naming and shaming your abuser and exposing them to public scrutiny can also be a mechanism of protection, helping you regain a sense of control and empowerment in helping others in similar experiences, and raises public awareness about digital violence. As the broader public learns the extent and scope of online abuse, they will recognize its negative effects on society and, hopefully, demand a response from State officials. If you chose this path, try to focus on sharing your experience and the personal and community impacts of an assault.

During the COVID pandemic, critical reporting about our governments’ work and health services has become even more important for the public, and, in many cases, more problematic for governments interested in suppressing information. These methods of suppression have been so egregious, that if not for the real danger they pose to public interest, they could even be deemed laughable. https://balkaninsight.com/2020/07/03/pandemic-worsens-crisis-for-media-in-central-eastern-europe/

All journalists and media workers can report violence to an official Journalists’ Association, even if they aren’t members. These associations can provide information and advice on how to file criminal charges, and other suggestions for dealing with and overcoming online harassment. Even if you decide not to report the crime to the police, consider informing the Journalists Association or relevant CSOs about the incident. This information is valuable for them to learn more about online violence, and to later use this data for advocacy purposes and, ideally, change. Associations often have resources and services, including mental health support or legal counseling that smaller media organizations or freelance journalists can’t easily access. Several CSOs have developed expertise after years of work combating online violence, and can offer valuable information and assistance.

A number of international organizations have specifically addressed the importance of and obstacles to the safety of journalists and human rights defenders: Council of Europe/Platform to promote the protection of journalism and safety of journalists, OSCE Mission to Belgrade, OSCE Representative on Freedom of the Media, UNESCO Safety of journalists programmes. For those cases lacking State support, these organizations can bring attention to the case, advocate for change and put pressure on State authorities.

Some organizations provide financial aid and/or legal services for journalists targeted with violence, including Media Defence in London or Free Press Unlimited, based in Amsterdam (they also offer a rapid response service). In situations where the scope and scale of violence threatens physical safety, these organizations can provide relocation assistance until the situation calms down.

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PRESSURES ON FREEDOM OF EXPRESSION

It would be nearly impossible to exhaustively list the ways in which someone can put pressure on and threaten freedom of expression. Those who have been targeted with online pressure or abuse will undoubtedly feel its consequences.

For the broader public, we can see these threats everywhere - from commenting threads, social media platforms, and increasing hate speech and intentional defamation. 

It has been nearly impossible to legally qualify the idea of ‘pressure’ as it is perceived, as it rarely meets legal thresholds for prosecution. However, this type of assault, in targeting journalists and activists, causes serious distortions in and manipulates public debate and decision making. Taken as a threat to freedom of expression as a whole, ‘pressure’ can reach a legal threshold, but the legal system is unable to effectively address the problem as it can provide only individual, and not collective, protections.

Independent State bodies, such as the Ombudsperson for the Protection of Citizens’ Rights can carry out investigations and issue public warnings to government officials or other public figures who put pressure on journalists and/or single them out through targeted assaults.
 

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FLAMING

Usually found on internet forums or reddit-style threads, flaming refers to the use of offensive language, swearing and other methods of provocation for the purpose of eliciting a response from or engagement with the target. The ultimate goal is to inflict humiliation, shame, and ruin the target’s credibility. 
 

There are a number of methods this type of  assault can be carried out, so several corresponding criminal acts could be considered as mechanisms for protection.

In the case of flaming that includes threats, in which art. 138 of the Criminal Code- Endangering safety could offer protection. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

If flaming is offensive and disrespectful in nature, court proceedings can be initiated via private lawsuit, requiring the identity of the perpetrator.  

Flaming is often accompanied by a high volume of anonymous messages and comments, further complicating the process of pursuing legal protection.

Your physical safety is your highest priority! Make sure you are in a safe place.  Turn off the location tracking options on your devices, including Google Maps and other apps. 
In addition to documenting evidence , reach out to your family, friends and partners for support. If the flaming is connected to your work, talk to your colleagues and employer to come up with a response that works best for you. 
Flaming usually comes with a high volume of messaging and can be quite intense, so consider taking a break from the platforms or websites where the abuse is occuring. 

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