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Argentina

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, and the government generally respected this right.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

In July the Committee to Protect Journalists (CPJ) expressed concern after a federal judge summoned Daniel Santoro of Clarin newspaper and obtained his telephone records in relation to an investigation. The allegations related to Santoro’s connections with Marcelo D’Alessio, charged with extortion by threatening individuals with negative media coverage. Santoro asserted that D’Alessio was a journalistic source. According to the CPJ, the actions “endanger the principle of the confidentiality of journalistic sources, one of the cornerstones of press freedom.”

Violence and Harassment: There were reports of physical attacks, threats, and harassment against journalists, especially when covering protests.

In February photojournalists Bernardino Avila and Juan Pablo Barrientos from Pagina 12 newspaper and Revista Critica magazine, respectively, were detained during a protest. Lawmakers, journalists, and union leaders denounced this as a violation of press freedom.

The Argentine Journalism Forum reported 27 physical attacks against journalists as of September, a slight decline compared to 29 the previous year. In July. Javier Orellano of the newspaper Semanario de Junin received three separate death threats after publishing an article on the arrest of a prison worker, according to the Argentine Journalism Forum.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Local NGOs, including the Center for Legal and Social Studies (CELS), expressed concerns that the Ministry of Security imposed restrictions on the right to peaceful protest and assembly.

On March 10, municipal police dispersed a protest by artisans and vendors in Buenos Aires’ San Telmo neighborhood. Local media and human rights organizations denounced the use of force as excessive, highlighting the use of pepper spray, and described the arrest of 18 protesters as the “criminalization” of their right to protest.

Cases remained pending against 20 protesters for violence that occurred during 2017 demonstrations against pension reform, which injured 160 persons, including 88 police officers. Local and international NGOs, including CELS and Amnesty International, stated that law enforcement agents had violently suppressed the protests and called for official investigation into actions by security forces.

Armenia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press.

Since the 2018 political transition, the media environment has been freer, as some outlets began to step away from the earlier practice of self-censorship; however, there were reports that some outlets avoided criticizing the authorities so as not to appear “counterrevolutionary.” In its final report on the December 2018 elections, the OSCE Office of Democratic Institutions and Human Rights (ODIHR) Election Observation Mission stated that while most interlocutors noted improvements in media freedom and an increase in plurality of opinions since April 2018, some also noted that the postrevolutionary public discourse was not conducive to criticism of the government, in particular, the then acting prime minister. Many traditional and online media continued to lack objective reporting.

Freedom of Expression: Individuals were free to criticize the government without fear of arrest. After the 2018 “Velvet Revolution,” there were calls for legal measures to address hate speech following incidents of advocacy of violence targeting individuals’ political opinions, religious beliefs, as well as sexual and gender identity.

Press and Media, Including Online Media: Broadcast and larger-circulation print media generally lacked diversity of political opinion and objective reporting. Private individuals or groups, most of whom were reportedly tied to the former authorities or the largest parliamentary opposition party, owned most broadcast media and newspapers, which tended to reflect the political leanings and financial interests of their proprietors. Broadcast media, particularly public television, remained one of the primary sources of news and information for the majority of the population. According to some media watchdogs, public television continued to present news from a progovernment standpoint, replacing one government perspective with another in the aftermath of the political transition. Nonetheless, public television was open and accessible to the opposition as well and covered more diverse topics of public interest than before.

Social media users freely expressed opinions concerning the new government and former authorities on various social media platforms. Use of false social media accounts and attempts to manipulate media, however, continued to increase dramatically during the year. According to media watchdogs, individuals used manipulation technologies, including hybrid websites, controversial bloggers, “troll factories,” and fictional Facebook groups and stories, to attack the government.

The country’s few independent media outlets, mostly online, were not self-sustainable and survived through international donations, with limited revenues from advertising.

The media advertising market did not change substantially after the 2018 “Velvet Revolution,” and key market players remained the same. According to a 2016 report by the Armenian Center for Political and International Studies, the advertising sales conglomerate Media International Services (MIS) controlled 74 percent of the country’s television advertisement gross value, with exclusive rights to sell advertising on the country’s five most-watched channels. Another company, DG Sales, was majority owned by MIS shareholders; it controlled more than one-third of the online commercial market, operating similar to MIS. Internet advertising, although a small segment of the advertising market, increased during the year.

Media company ownership was mostly nontransparent. The country’s Fourth Action Plan of Open-Government Partnership Initiative of the Republic of Armenia (2018-2020) included commitments to improve ownership disclosure. Media NGOs advocated for the media sector to be included as a priority sector in the action plan and proposed changes to the Law on Television and Radio that fostered media ownership transparency.

The government maintained a de facto monopoly on digital broadcasting multiplex, while most channels represented the views of the previous government. Some 10 regional television stations remained at risk of closure due to a drop in viewership and advertising. The stations did not receive government licenses to transmit digitally via the single state-owned multiplex following the 2016 national switch to digital broadcasting, and they continued to transmit via the unsupported analog broadcasting system. The heavy cost of starting and maintaining a private multiplex (which could ensure the continuity of those stations) resulted in three unsuccessful tenders with no applicants since the 2016 switchover. As a result, on January 31, the government decided to shut down “Shirak” Public Television, claiming that the station’s analog broadcast was unable to attract a wide audience and that the transfer of the station to a digital broadcast would require significant financial investment, which the government was unable to make. Media watchdogs criticized the decision and urged the government to change legislation to encourage the entrance of private multiplexers into the country and end the state’s monopoly on digital broadcasting.

Violence and Harassment: The local NGO Committee to Protect Freedom of Expression reported three cases of violence against reporters in the first nine months of the year. Two reporters were attacked by employees of cafes that were being dismantled by Yerevan City Hall in a crackdown against illegal buildings. No criminal charges were filed. In the third case, the bodyguard of former NSS chief Artur Vanetsyan pushed a reporter to the ground.

On February 27, the Kotayk region trial court acquitted Kotayk police department head Arsen Arzumanyan, who had been charged with abuse of office and preventing the professional activities of journalist Tirayr Muradyan in April 2018. On June 5, in answer to an appeal of the acquittal, the Criminal Appeals Court found Arzumanyan guilty and fined him 500,000 drams ($1,000).

Libel/Slander Laws: Media experts raised concerns regarding the unprecedented number of libel and defamation cases launched against media outlets by lawmakers, former officials, and others during the year. According to the Committee to Protect Freedom of Expression, 83 cases were filed with the courts during the first nine months of the year, placing a significant financial burden on media outlets.

National Security: According to media experts there was a dramatic increase in false news stories and the spread of disinformation regarding social networks and media during the year. The government claimed that former government representatives, who reportedly owned most media–including television stations with nationwide coverage–used media outlets to manipulate public opinion against authorities.

On April 4, Prime Minister Nikol Pashinyan ordered the NSS to crack down on anyone using mass media or social media to “manipulate public opinion.” Media experts, including some who said there was a need to address fake news and hate speech, criticized the prime minister’s instructions as an attempt to silence free speech. On April 9, the NSS reported the arrest of a person who administered a Facebook page that falsely presented itself as associated with the prime minister’s Civil Contract Party. The page spread fake news stories and incited violence, including against members of religious minorities. Although the NSS had investigated the Facebook account on charges of incitement of religious hatred since fall 2018, an arrest was made on this charge only after the prime minister’s April 4 instructions.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The constitution and the law provide for freedom of peaceful assembly. Following the spring 2018 “Velvet Revolution,” the government generally respected this right.

According to the monitoring report of the Helsinki Committee of Armenia, for the period from July 2018 through June, freedom of assembly improved after the political changes of spring 2018, resulting in more assemblies held during the year. The report also noted that police methods had become more restrained. The most significant problems observed related to rally participants’ and organizers’ use of hate speech aimed at a person’s gender identity, sexual orientation, or religious views.

On August 19, however, police removed peaceful rally participants from a major street in downtown Yerevan and relocated them to a nearby sidewalk. They had been protesting the exploitation of a mine in Jermuk. An August 20 statement from Transparency International Anticorruption Center and other NGOs assessed the incident as the most serious violation of the right to assembly since the 2018 revolution. According to the statement, police used force and arbitrary detention to remove the protesters standing on Baghramyan Avenue from the lanes of traffic, after the protesters were denied access to the grounds around the parliament, which had previously been open to the public. The statement averred that as a result of police actions several persons required medical attention, one in a hospital. On August 20, police asserted that the physical force used was proportionate to the situation.

The government continued to seek accountability for cases of disproportionate force used against protesters by police during the largely peaceful events of April 2018. As a result of two official investigations into police conduct, two police officers were reprimanded. On August 9, however, the government suspended a criminal case that had merged multiple episodes of police violence into a single case after investigators, who had identified 55 victims, interrogated 200 persons, reviewed video recordings, and conducted forensic examinations, stated they were unable to identify the perpetrators. Several other officers charged with abuse of power for their role in using flash grenades were included in an amnesty granted in October 2018. The trial of former chief of internal police troops Levon Yeranosyan, charged with exceeding official authority committed with violence and leading to grave consequences, continued. The trial in another case, involving Masis mayor Davit Hambardzumyan and seven others, charged with attacking protesters in April 2018, also continued. As a result of seven lawsuits, an investigation was underway into alleged police interference with freedom of expression, freedom of peaceful assembly, medical assistance rights, nondiscrimination, and freedom from torture and inhuman or degrading treatment.

Australia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a limited right to freedom of political expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Libel/Slander Laws: Journalists expressed concern that strict defamation laws have had a “chilling effect” on investigative journalism and freedom of the press. In February businessman and political donor Chau Chak Wing won a defamation case against a media organization that linked him to a bribery case implicating a former president of the UN General Assembly. A member of parliament, Andrew Hastie, criticized the verdict, saying, “Generally speaking, we are concerned about the impact that defamation laws in Australia are having on responsible journalism that informs Australians about important national security issues.”

National Security: In June the AFP raided ABC’s headquarters and the home of a News Corp journalist as part of an investigation into the alleged publishing of classified national security information. The media union denounced the raids as an attempt to “intimidate” journalists; an Essential Poll found that three-quarters of citizens were concerned about press freedom in the aftermath of the raids. The country’s three largest media organizations–ABC, News Corp, and Nine Entertainment–jointly called for more legal protections for journalists and whistleblowers. In July the parliamentary Joint Committee on Intelligence and Security opened an inquiry into the impact of law enforcement and intelligence powers on the freedom of the press. Media companies challenged the constitutionality of the AFP’s warrants in court.

b. Freedoms of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.

Austria

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression including for the press.

Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law also prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

Libel/Slander Laws: NGOs reported that strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Brazil

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right.

Freedom of Expression: On July 27, police shut down a concert at a jazz and blues festival in the state of Mato Grosso do Sul when performers encouraged the crowd to curse President Bolsonaro. Military police officers ordered the music to stop and cleared out the venue.

Violence and Harassment: Journalists were sometimes killed or subjected to harassment, physical attacks, and threats as a result of their reporting. According to the Press Emblem Campaign, from January to June, the National Federation of Journalists reported violence against journalists increased by 36 percent in 2018, compared with 2017, with 135 incidents reported, mostly by protesters. The majority of incidents occurred during political rallies.

The international NGO Press Emblem Campaign reported that as of June, two journalists who did political reporting were killed. On June 18, two men shot and killed journalist Romario da Silva Barros in Marica in the state of Rio de Janeiro. The victim was a founding member of Lei Seca Marica, an online news site covering the daily life of Marica’s approximately 153,000 residents. Images from surveillance cameras showed two men approaching the vehicle in which the journalist was sitting and shooting him several times. The killing of journalist Silva Barros was the second in the city in less than 30 days. On May 25, Robson Giorno, owner of the online newspaper O Marica, was also shot and killed. Giorno had recently announced his intention to run for mayor. As of September, police had not made arrests in either case.

In instances of violence perpetrated by protesters or provocateurs during mass demonstrations, at times security forces injured journalists during crowd-control operations.

Censorship or Content Restrictions: National laws prohibit politically motivated judicial censorship, but there were reports of judicial censorship in some local-level courts. In April Supreme Court justice Alexandre de Moraes ordered two news organizations to remove content from their websites he deemed to be “fake news” about Chief Justice Dias Toffoli that associated him with corrupt dealings. Two days later, under intense pressure, Justice Moraes rescinded the decision.

There were also instances of censorship of material supportive of the LGBTI community. According to media reports, on September 5, Rio mayor Marcelo Crivella attempted to pull the graphic novel Avengers: The Childrens Crusade from the Rio International Book Festival because it prominently featured a same-sex kiss, which he called inappropriate for children. He said the book and others with LGBTI content should be wrapped in black plastic and display a warning label, and he then ordered city inspectors to seize copies of Avengers. The book sold out prior to his giving the order.

On August 21, Minister of Citizenship Osmar Terra suspended federal funding for a television series that would have featured gender and sexual diversity, including LGBTI plotlines. The former Temer administration had already approved funding, and the series was in the final phase of approval. The announcement came after President Bolsonaro criticized funding for media that promoted LGBTI themes in a Facebook live broadcast. Minister Terra denied the suspension was an act of censorship, stating the Bolsonaro administration had the right to prioritize programming and was not beholden to decisions made by prior administrations. On August 22, the national secretary of culture within the Ministry of Citizenship, Jose Henrique Medeiros Pires, stepped down in protest, and the Federal Public Ministry of Rio de Janeiro opened an investigation to determine if the federal government violated the constitution by discriminating against the LGBTI community and violating rules for government public notices. On October 7, a federal court sided with the Federal Public Ministry’s lawsuit and overturned Minister Terra’s suspension, finding there was discrimination by the government.

Nongovernmental Impact: Nongovernmental criminal elements at times subjected journalists to violence due to their professional activities.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The government generally respected the right of freedom of peaceful assembly, but police occasionally intervened in citizen protests that turned violent.

On July 23, three federal highway police officers interrupted a civil society meeting being held to organize protests against President Bolsonaro during his visit to the state of Amazonas. The officers reportedly intimidated and questioned participants about the protest and which organizations were involved. According to press reports, two participants said the officers claimed they were acting on official orders.

Cameroon

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government often restricted this right, explicitly or implicitly.

Freedom of Expression: Government officials penalized individuals or organizations that criticized or expressed views at odds with government policy. Individuals who criticized the government publicly or privately frequently faced reprisals. On several occasions, the government invoked laws requiring permits or government notification of public protests to stifle discourse. Many civil society and political organizations reported increased difficulty when obtaining approval to organize public gatherings.

In the early hours of February 23, police surrounded CRM headquarters in the Odza neighborhood of Yaounde and the New-Deido in Douala to prevent prospective activists from registering with the party. In other cities, such as Bafoussam and Mbouda in the West Region, security forces disrupted the registration process and arrested CRM activists. In Bafoussam, police seized CRM’s campaign truck and detained it along with its driver. On April 30, Zacheus Bakoma, the divisional officer for Douala 5, ordered a 90-day provisional closure of the Mtieki community hall after the CRM used the hall as a venue for a meeting on April 28.

Press and Media, including Online Media: Independent media were active and expressed diverse views. This landscape, however, included restrictions on editorial independence, in part due to stated security concerns related to the fight against Boko Haram, the Anglophone crisis, and the postelectoral crisis. Journalists reported practicing self-censorship to avoid repercussions for criticizing the government, especially on security matters. According to the 2018 Press Freedom Index by Reporters without Borders, the re-election of President Biya for a seventh term of office was accompanied by multiple instances of intimidation, attacks, and arrests of journalists.

Violence and Harassment: Police, gendarmes, and other government agents arrested, detained, physically attacked, and intimidated journalists for their reporting. Journalists were arrested in connection with their reporting on the Anglophone crisis. According to reports by multiple organizations, including the Committee to Protect Journalists (CPJ), police arrested Pidgin news anchor Samuel Wazizi, who worked for the Buea-based independent station Chillen Muzik and Television. The arrest occurred on August 2 in Buea, Southwest Region. Police initially held Wazizi at the Buea police station and subsequently handed him over to the military, who detained him on August 7 without access to his lawyer or family. As of late November, he was presumed to still be in detention.

Censorship or Content Restrictions: Under a 1990 law, the Ministry of Communication requires editors to submit two signed copies of their newspapers within two hours after publication. Journalists and media outlets reported practicing self-censorship, especially if the National Communication Council (NCC) had suspended them previously. In February the NCC issued a press release calling on journalists to be professional in their publications. The release was in reaction to media coverage following the January 26 protests called for by CRM, the arrests of hundreds of activists, including Maurice Kamto, and the ransacking of the Cameroonian embassy in Paris by anti-President Biya protesters. The NCC chairman indicated that the government had informed all professional media about the facts through official procedures and regretted that some press organizations continued to spread opinion contrary to government’s position, thereby maintaining confusion.

At its 23rd ordinary session, the NCC issued warning notices in 21 media regulation cases. The charges stated that the groups engaged in practices contrary to professional ethics, social cohesion, and national integration.

In a July 20 meeting with 100 private media outlet managers, Minister of Communications Rene Sadi chided Cameroon’s private media for abandoning its duty to “inform, educate, and entertain” by publishing articles that “sowed divisiveness and promoted tribalism.” He accused the private press of “playing politics under the influence of journalistic cover.” As of year’s end, no private television or radio station held a valid broadcasting license. Although the few that could afford the licensing fee made good-faith efforts to obtain accreditation, the ministry had not issued or renewed licenses since 2007. The high financial barriers coupled with bureaucratic hurdles rendered Cameroonian private media’s very existence illegal.

Libel/Slander Laws: Press freedom is constrained by libel laws that authorize the government to initiate a criminal suit when the president or other senior government officials are the alleged victims. These laws place the burden of proof on the defendant, and crimes are punishable by prison terms and heavy fines.

National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government. During a security meeting in Douala on August 9, Minister of Territorial Administration Paul Atanga Nji called on the representatives of NGOs and media professionals to be responsible, contribute their own quota to nation building, and avoid derogatory language that discredits government actions. Atanga Nji said many media houses in Douala organized weekly debates in order to sabotage government actions and promote secessionist tendencies. He urged private media organizations to exercise responsibility when carrying out their activities, warning them to construct, not destroy, the nation. He called on opposition political parties to respect the law and not to force his hand to suspend them. The minister also warned NGOs to respect the contract they signed with his ministry or be suspended.

Nongovernmental Impact: There were reports that separatist groups in the Southwest and Northwest Regions sought to inhibit freedom of expression, including for the press. In an August 13 online post, Moki Edwin Kindzeka, a Yaounde-based journalist, said it was becoming impossible for journalists to practice their profession, because they faced pressure from both separatist fighters and the government. The article was in reaction to Atanga Nji’s August 9 statements.

b. Freedoms of Peaceful Assembly and Association

The government limited and restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

Although the law provides for freedom of peaceful assembly, the government often restricted this right. The law requires organizers of public meetings, demonstrations, and processions to notify officials in advance but does not require prior government approval of public assemblies, nor does it authorize the government to suppress public assemblies that it did not approve in advance. Nevertheless, officials routinely asserted the law implicitly authorizes the government to grant or deny permission for public assemblies. The government often refused to grant permits for gatherings and used force to suppress assemblies for which it had not issued permits. Authorities typically cited security concerns as the basis for deciding to block assemblies.

On January 26, in Yaounde, Douala, Bafoussam, and other cities across the country, police arrested several dozen CRM activists who participated in a rally to denounce electoral irregularities in the October 2018 presidential election, the ongoing crisis in the two Anglophone regions, and poor management of infrastructure projects associated with the 2019 African Cup of Nations. The CRM notified authorities in advance of the protests but did not receive authorization. Security forces, in response, used excessive force against demonstrators. According to Amnesty International, more than one hundred protesters were arrested in Douala, Yaounde, Dschang, Bafoussam, and Bafang. Approximately 50 were released the following day, and the remainder were transferred to Yaounde and placed under administrative custody. Seven persons were shot and injured in the city of Douala, including lawyer Michele Ndoki, while other protesters were beaten. Communication Minister Rene Emmanuel Sadi denied the use of live ammunition against protesters, but social media contradicted that account with videos of gunfire in Douala and a member of the riot police firing a rubber bullet at close range into the leg of a peaceful protester.

On April 5, Minister of Territorial Administration Atanga Nji issued a press release prohibiting all meetings or public events by the CRM. Days later, on April 13, the party initiated a series of meetings throughout the country to demand the immediate release of Maurice Kamto, who by that time had been imprisoned for more than two months. The CRM also aimed to denounce “the selective modification of the electoral code” and the mismanagement of the funds dedicated to infrastructure projects associated with the 2019 African Cup of Nations, which was to be hosted by Cameroon before being ultimately awarded to Egypt. The CRM unsuccessfully appealed the ministry’s decision.

Canada

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

In September the Supreme Court set aside a lower Quebec court ruling that required an investigative reporter to reveal her confidential sources. The court argued court orders to force disclosure should be used only as a last resort and sent the case back to the lower court for review. The case was the first test of a 2017 law to protect journalistic sources, including the identity of whistleblowers.

Freedom of Expression: According to Supreme Court rulings, the government may limit speech to counter discrimination, foster social harmony, or promote gender equality. The court ruled that the benefits of limiting hate speech and promoting equality are sufficient to outweigh the freedom of speech clause in the Charter of Rights and Freedoms, the country’s constitutional bill of rights.

The criminal code prohibits public incitement and willful promotion of hatred against an identifiable group in any medium. Inciting hatred (in certain cases) or genocide is a criminal offense, but the Supreme Court sets a high threshold for such cases, specifying that these acts must be proven to be willful and public. Provincial-level film censorship, broadcast licensing procedures, broadcasters’ voluntary codes curbing graphic violence, and laws against hate literature and pornography impose some restrictions on media.

On August 22, Your Ward News editor James Sears was sentenced to 12 months in prison, and on August 29, the publisher of the same product, LeRoy St. Germaine, was sentenced to 12 months of house arrest for two counts of willful promotion of hatred against Jews and women, following a conviction in January.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Chile

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

In August reports emerged that the Army Intelligence Directorate wiretapped investigative journalist Mauricio Weibel, who was researching alleged corruption in the army, as well as four active or retired officers suspected of leaking documents to him. The directorate’s leadership stated the wiretaps were authorized by judicial authorities in 2016 and 2017, citing “national security” concerns. Both an internal army investigation and a congressional inquiry were launched. The investigations continued as of November.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected those rights.

Colombia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Violence and harassment, as well as the criminalization of libel, inhibited freedom of the press, and the government frequently influenced the press, in part through its large advertising budgets. The independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: According to the domestic NGO Foundation for Press Freedom (FLIP), through August 16, there were 83 threats against journalists and 250 incidents of violence or harassment. FLIP also reported that between January and August, no journalists were illegally detained and 21 were physically assaulted. One was ordered detained for failure to comply with a protective order related to a defamation case, but the detention order was never enforced. According to FLIP, there were three convictions for threats against journalists through September.

As of June 30, the NPU provided protection services to 162 journalists. Some NGOs raised concerns about perceived shortcomings in the NPU, such as delays in granting protection and the appropriateness of measures for addressing specific threats.

Censorship or Content Restrictions: FLIP alleged some journalists practiced self-censorship due to fear of being sued under libel laws or of being physically attacked, mostly by nongovernment actors. FLIP asserted that the high degree of impunity for those who committed aggressions against journalists was also a factor.

Libel/Slander Laws: By law slander and libel are crimes. There is no specific law against slandering public officials, and the government did not use prosecution to prevent media outlets from criticizing government policies or public officials. Political candidates, businesspersons, and others, however, publicly threatened to sue journalists for expressing their opinions, alleging defamation or libel. FLIP reported one defamation case filed against a journalist during the year.

Nongovernmental Impact: Members of illegal armed groups inhibited freedom of expression by intimidating, threatening, kidnapping, and killing journalists. National and international NGOs reported local media representatives regularly practiced self-censorship because of threats of violence from these groups. For example, NGOs reported on the June killing of Libardo Montenegro, a reporter for the community radio station in Samaniego, Narino. No arrests were made, but NGOs reported the killing might have been a response to Montenegro’s coverage of drug-related violence in the region. In August, five journalists in Valle de Cauca received threats via text message after reporting on power cuts to municipalities in the area. Those responsible for the threats were unknown.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The law provides for the freedom of peaceful assembly, and the government generally respected this right. Some NGOs alleged that riot police (Esmad) used excessive force to break up demonstrations.

On January 1, the National Police issued a directive to govern their response to demonstrations. NGOs and press reports alleged the directive had not been entirely effective in managing protests peacefully, citing the use of police force during university protests in September. Human rights groups and NGOs also alleged the Esmad used excessive force to suppress protests by indigenous groups in March and April. Indigenous communities joined together to hold sustained protests (known as a minga) that closed highways as they called for increased government attention to address violence against social leaders, implement the 2016 peace accord, and fulfill agreements reached with indigenous communities after two months of strikes in late 2018.

In November student groups, labor unions, and human rights activists engaged in mostly peaceful protests throughout the country, advocating for changes to the government’s social and economic policies. Some NGOs and media reports accused security forces of using excessive force after protests turned violent, and media outlets reported that the Attorney General’s Office opened 11 investigations involving the Esmad resulting from the protests in Bogota.

Costa Rica

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. On August 9, the Constitutional Chamber of the Supreme Court rejected an effort from the association of journalists to restrict the practice of journalism through compulsory licensing of journalists.

Violence and Harassment: Police investigated an explosive device that on July 27 damaged the building of a news outlet. It was not clear if the perpetrator intended to target the news outlet, but indications as of October pointed to a deliberate attempt to suppress the outlet’s operations.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Crimea

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures the Russian government applied and enforced in occupied Crimea.

Occupation authorities significantly restricted freedom of expression and subjected dissenting voices including the press to harassment and prosecution.

Freedom of Expression: The HRMMU noted occupation authorities placed “excessive limitations on the freedoms of opinion and expression.” Individuals could not publicly criticize the Russian occupation without fear of reprisal. Human rights groups reported the FSB engaged in widespread surveillance of social media, telephones, and electronic communication and routinely summoned individuals for “discussions” for voicing or posting opposition to the occupation.

Occupation authorities often deemed expressions of dissent “extremism” and prosecuted individuals for them. For example, according to press reports, on June 10, the Sevastopol “district court” sentenced the head of the Sevastopol Worker’s Union, Valeriy Bolshakov, to two years and six months of suspended imprisonment for “public calls to extremist activities” for his criticism of occupation authorities on social networks. Bolshakov called to replace the “Putin regime” with a “dictatorship of the proletariat.”

Occupation authorities harassed and fined individuals for the display of Ukrainian or Crimean Tatar symbols, which were banned as “extremist.” For example, according to NGO reporting, on June 26, the Saky “district court” fined local resident Oleg Prykhodko for “public demonstration of paraphernalia or symbols of extremist organizations.” Prykhodko had displayed Ukrainian and Crimean Tatar flags on his car. On October 9, authorities arrested Prykhodko during a raid on his home, where they purportedly “found” explosives in his garage, which human rights defenders maintained were planted there. On October 28, authorities charged Prykhodko with terrorism and possession of explosives.

Occupation authorities deemed expressions of support for Ukrainian sovereignty over the peninsula to be equivalent to undermining Russian territorial integrity. For example, according to the Crimean Human Rights Group, on January 29, occupation authorities charged Crimean Tatar Mejlis member Iskander Bariyev with calling for the violation of the territorial integrity of the Russian Federation, in connection with a December 2018 Facebook post in which he called for the “liberation” of Crimea from Russian occupation and criticized repression taking place on the peninsula.

There were multiple reports that occupation authorities detained and prosecuted individuals seeking to film raids on homes or court proceedings. For example, according to press reports, on March 27, a Simferopol court sentenced Crimean Tatar activist Iskender Mamutov to five days in prison for “minor hooliganism” because he filmed security services as they raided Crimean Tatar homes.

During the year occupation authorities prosecuted individuals for the content of social media posts written before Russia began its occupation of Crimea. For example, on July 2, police detained a resident of the town of Sudak, Seyar Emirov, for a video posted on a social network in 2013. The video was of a local meeting of Hizb ut-Tahrir, which is legal in Ukraine. The local occupation “court” fined him 1,500 rubles ($23) for “production of extremist material.”

There were reports that authorities prosecuted individuals for their appearance in social media posts that they did not author. For example, according to the Crimean Human Rights Group, on May 31, a court in Simferopol fined Crimean Tatar activist Luftiye Zudiyeva 2,000 rubles ($30) for being tagged in social media posts in 2014 authored by another person, which authorities alleged also contained banned symbols.

Press and Media, Including Online Media: Independent print and broadcast media could not operate freely. Most independent media outlets were forced to close in 2015 after occupation authorities refused to register them. According to the Crimean Human Rights Group, after the occupation began, many local journalists left Crimea or abandoned their profession. With no independent media outlets left in Crimea and professional journalists facing serious risks for reporting from the peninsula, civic activists were a major source of information on developments in Crimea.

Violence and Harassment: There were numerous cases of security forces or police harassing activists and detaining journalists in connection with their civic or professional activities. For example, during the year security forces reportedly harassed, abused, and arrested journalist Yevgeniy Haivoronskiy. Haivoronskiy initially supported the Russian occupation, but in recent years came to oppose it, a position he expressed publicly. On March 6, police raided Haivoronskiy’s home and seized computers and documents. On March 22, the newspaper that published his articles, Primechania, announced it would no longer carry his work due to his pro-Ukrainian position. On March 26, Haivoronskiy was arrested several hours after he gave an interview criticizing occupation authorities and calling for control of the peninsula to be returned to Ukraine. Police alleged he had been using drugs, and a judge sentenced him to 12 days in jail and to undergo drug treatment. Haivoronskiy denied he used drugs and maintained the charge was an effort to frame him in retaliation for his political views. On May 7, a court sentenced him to a further 10 days in jail for refusing a medical examination during the March prison stay. On October 22, police detained Haivoronskiy, reportedly beating him and slamming his head into the side of a police car during detention. The same day a court sentenced him to 15 additional days in jail for failing to complete the drug treatment program ordered by the court in March. On December 31, Russian occupation authorities forcibly removed Haivoronskiy from Crimea to mainland Ukraine.

Censorship or Content Restrictions: Following Russia’s occupation of Crimea, journalists resorted to self-censorship to continue reporting and broadcasting. The August UN secretary-general’s special report stated, “In order to avoid repercussions for independent journalistic work, [journalists] frequently self-censored, used pseudonyms and filtered their content prior to publication. Ukrainian journalists, as well as public figures who are perceived as critics of Crimea’s occupation, have faced entry bans issued by FSB and were unable to access Crimea to conduct their professional activities.”

There were reports occupation authorities sought to restrict access to or remove internet content about Crimea they disliked. For example, on February 5, YouTube informed the Crimea-focused website The Center for Journalistic Research, which operated in mainland Ukraine, that it had received a notification from Russian censorship authorities (Roskomnadzor) that material on the Centers YouTube account violated the law. Occupation authorities specifically deemed a documentary about Crimean Tatar political prisoner Emir-Usain Kuku to be “extremist.” YouTube notified the Center that if it did not delete the material, it could be forced to block it. On February 7, Amnesty International released a statement urging YouTube not to block the video, and YouTube did not do so.

Occupation authorities banned most Ukrainian and Crimean Tatar-language broadcasts, replacing the content with Russian programming. According to Crimean Human Rights Group media monitoring, during the year occupation authorities jammed the signal of Ukrainian radio stations by transmitting Russian radio stations at the same frequencies.

Human rights groups reported occupation authorities continued to forbid songs by Ukrainian singers from playing on Crimean radio stations.

Censorship of independent internet sites was widespread (see Internet Freedom).

According to the Crimean Human Rights Group, 10 Crimean internet service providers blocked 14 Ukrainian information websites and two social networks during the year, including the sites of the Jehovah’s Witnesses and of the Mejlis of the Crimean Tatar People.

National Security: Authorities cited laws protecting national security to justify retaliation against opponents of Russia’s occupation.

The Russian Federal Financial Monitoring Service included prominent critics of the occupation on its list of extremists and terrorists. Inclusion on the list prevented individuals from holding bank accounts, using notary services, and conducting other financial transactions. As of October the list included 47 persons from Crimea, including numerous political prisoners and their relatives as well as others reportedly being tried for their pro-Ukrainian political positions, such as Oleh Prykhodko (see Freedom of Expression, above).

Authorities frequently used the threat of “extremism,” “terrorism,” or other purported national security grounds to justify harassment or prosecution of individuals in retaliation for expressing opposition to the occupation. For example, on July 12, according to press reports, a court authorized the in absentia arrest of independent Crimean Tatar journalist Gulsum Khalilova for “participating in an armed formation in the territory of a foreign state” for allegedly joining an armed battalion in Ukraine. Khalilova, who moved to mainland Ukraine, denied having any dealings with armed groups and characterized the case as fabricated in retribution for her independent reporting on the peninsula.

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

According to the August UN secretary-general’s special report, “public events initiated by perceived supporters of Ukrainian territorial integrity or critics of policies of the Russian Federation in Crimea were reportedly prevented and/or prohibited by occupation authorities.” For example, on August 9, the head of the Zarechenskoye village council denied an application filed by Crimean Tatar activist Kemal Yakubov to hold a public celebration of the Muslim holiday Kurban Bayram. She cited a lack of a support letter from the pro-occupation Administration of Muslims of Crimea as the reason for her denial.

The Crimean Human Rights Group reported Crimeans were regularly charged with administrative offenses for peacefully assembling without permission. For example, on August 21, a court in Sudak convicted environmental activist Igor Savchenko of holding an unauthorized demonstration and fined him 20,000 rubles ($313); Savchenko had organized a demonstration on August 14 against illegal construction on the Meganom Cape.

Occupation authorities brought charges for “unauthorized assemblies” against single-person protests, even though Russian law imposed on Crimea does not require preauthorization for individual protests. For example, according to the Crimean Human Rights Group, on March 29, police in Simferopol detained Crimean Tatar activist Tair Ibragimov, who was standing alone with a poster that read, “Give 166 children their fathers back!!!,” in protest against the mass arrests of March 27. He was charged with violating regulations on public protest. A court convicted him the same day and fined him 15,000 rubles ($235).

There were reports that authorities used a ban on “unauthorized missionary activity” to restrict public gatherings of members of religious minorities. For example, three administrative cases were initiated against a group of members of the Hare Krishna faith who gathered in a Sevastopol park to sing mantras. On August 6, the Leninskiy “district court” in Sevastopol fined each of them 5,000 rubles ($78) for “unauthorized missionary activity.”

A “regulation” limits the places where public events may be held to 366 listed locations. The HRMMU noted that the “regulation” restricted freedom of assembly to a shrinking number of “specially designated spaces,” a move that appeared “designed to dissuade the exercise of the right of freedom of assembly.”

There were reports of occupation authorities using coercive methods to provide for participation at rallies in support of the “government.” Students, teachers, and civil servants were forced to attend a commemoration event on the day of deportation of the Crimean Tatars organized by occupation authorities in Simferopol on May 18.

There were reports occupation authorities charged and fined individuals for allegedly violating public assembly rules in retaliation for gathering to witness security force raids on homes.

Czech Republic

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression. The law provides for some limitations to this freedom, including in cases of hate speech, Holocaust denial, and denial of communist-era crimes.

Freedom of Expression: The law prohibits speech that incites hatred based on race, religion, class, nationality, or other group affiliation. It also limits the denial of the Holocaust and communist-era crimes. Individuals who are found guilty can serve up to three years in prison. The law is also applied to online, print, and broadcast media.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. President Zeman, his spokesperson, and parties on the far right and left publicly alleged bias in both public and private media outlets. The Freedom and Direct Democracy Party (SPD) and the Communist Party openly sought to appoint politically polarizing figures to public media supervisory boards, raising concerns they were attempting to violate the political neutrality of these institutions.

The law prohibits elected officials from controlling media properties while in office. Prime Minister Babis placed ownership of his media assets in a trust fund in 2017. Critics alleged this situation could encourage self-censorship with respect to media coverage of the government.

Transparency International lodged an administrative complaint against Prime Minister Babis in August 2018, alleging that, despite moving his commercial holdings into two trusts in early 2017, Babis still controlled media properties. In January the municipal office where Babis resided determined he had a conflict of interest and imposed a fine of 200,000 crowns ($8,600). The initial ruling was overruled twice by a higher court who halted the proceedings in September, stating it could not prove the prime minister influenced media through his company. Transparency International stated it would file a request with the Ministry of Justice to review the decision.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedom of peaceful assembly and association, and the government generally respected these rights.

Denmark

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law prohibits any public speech or the dissemination of statements or other pronouncements that threaten, deride, or degrade a group because of gender, race, skin color, national or ethnic background, religion, or sexual orientation. Authorities may fine offenders or imprison them for up to two years.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government respected these rights.

Freedom of Peaceful Assembly

Police banned anti-Islam political party leader Rasmus Paludan from demonstrating for 24 hours in April, after violence erupted during a previous demonstration in Noerrebro, Copenhagen, where 23 persons were arrested. In another instance in May, the East Jutland Police prohibited Paludan from holding electoral events in Vollsmose, an area near Odense with a large number of residents of foreign descent. Paludan attempted to go to Vollsmose for three days, but police denied him access based on safety and security concerns.

Dominican Republic

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. Media expressed a wide variety of views, but the concentration of media ownership, weaknesses in the judiciary, and political influence limited the media’s independence.

Freedom of Expression: Individuals and groups were generally able to criticize the government publicly and privately without reprisal, although there were several incidents in which authorities intimidated members of the press. In September a television news program hosted by a well known journalist was canceled two days after presenting an investigative report alleging that the attorney general’s sister received no-bid government contracts worth 750 million pesos ($15 million), positioning her as the sole supplier of asphalt products to the government. The program demonstrated that at the time the contracts were signed, the sister was drawing a salary as an employee of the Ministry of Public Works. The journalist alleged his program was canceled after the attorney general called the station owner and threatened legal action. On September 30, the journalists’ association held a press conference denouncing political interference to silence reporting on corruption.

Violence and Harassment: Journalists and other persons who worked in media were occasionally harassed or physically attacked. Some media outlets reported that journalists, specifically in rural areas, received threats for investigating or denouncing criminal groups or official corruption. In October a local television commentator in Monte Plata Province reported he received threats due to his coverage critical of local politicians’ connections with narcotics traffickers. The Inter American Press Association reported journalists suffered violent attacks from military and police security details of government officials, particularly while covering civil-society-led protests.

Some media outlets chose to omit the bylines of journalists reporting on drug trafficking and other security matters to protect the individual journalists.

Censorship or Content Restrictions: The constitution provides for protection of the confidentiality of journalists’ sources and includes a “conscience clause” allowing journalists to refuse reporting assignments. Journalists practiced self-censorship, particularly when coverage could adversely affect the economic or political interests of media owners. Observers suggested the government influenced the press through advertising contracts. A prominent journalist who hosted a highly rated news and commentary television show stated that her exit from traditional media was one example of the government’s influence on media outlets. She highlighted that the government spent close to 12.5 million pesos ($250,000 daily) in advertisements.

Libel/Slander Laws: The law criminalizes defamation and insult, with harsher punishment for offenses committed against public or state figures than for offenses against private individuals. The Dominican College of Journalists reported that journalists were sued by politicians, government officials, and the private sector to pressure them to stop reporting. The law penalizes libel for statements concerning the private lives of certain public figures, including government officials and foreign heads of state.

In July the Constitutional Tribunal annulled an article in the electoral law that set prison sentences of three to 10 years for defamatory and libelous messages and for false campaigns published through media that damage the honor and privacy of political candidates. The tribunal ruled the article violated the right to freedom of speech established in the constitution. The tribunal also declared unconstitutional a paragraph in the law that penalized the publication of negative messages on social media that damage the public image of candidates.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Ecuador

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but other laws restrict this right. On February 20, reforms to the 2013 communication law went into effect, repealing several provisions seen as severely limiting freedom of expression and press. Experts cautioned, however, that other restrictive provisions to journalistic work found in the 2013 law remained in effect, including Article 5 characterizing media and communications as a public service (not a right) and a provision requiring all journalists to hold university degrees. Restrictive provisions found in other laws, such as punishing opinions as slander that carries a prison term of six months to two years, also remained in force.

Freedom of Expression: Individuals could usually discuss matters of general public interest publicly or privately without reprisal. The law prohibits citizens from using “discrediting expressions,” treated as a misdemeanor with a 15- to 30-day prison term. There were no reports the government invoked this law to restrict freedom of expression during the year.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views, including those critical of the government.

On February 5, the independent watchdog organization Freedom House classified the country as partially free. Journalists continued to report harassment, particularly by supporters of the previous government or unknown persons, although attacks on reporters continued to decline.

The domestic freedom of expression watchdog group Fundamedios registered 289 attacks on freedom of expression from May 2018 to October 2019, compared with 491 attacks in 2016. As of October 14, Fundamedios quantified “attacks” ranging from court sentences against media or journalists (three instances); physical attacks or intimidation against journalists (104 instances); verbal threats and insults (47 instances); to cyberthreats, hacks, or closure of social media accounts (30 instances as of August). While the complete data did not link attacks to a perpetrator, no attacks in the data available were categorized as “abuses of power from the state.”

During violent protests against the government’s economic reforms between October 3-13, Fundamedios reported 116 attacks against journalists and media outlets, largely by demonstrators or other unknown persons, related to journalists’ coverage of events. Protesters attacked and attempted to burn the headquarters of the Teleamazonas television station and the El Comercio newspaper in Quito on October 12. Protesters in Quito held 27 journalists hostage on October 10, threatening them with violence if they did not provide live broadcasting of their demands; all of the journalists were released without physical harm.

The law limits the ability of media to provide election coverage during the official campaign period, with no coverage allowed whatsoever in the 48 hours before a national election. A constitutional court ruling affirmed the right of the press to conduct interviews and file special reports on candidates and issues during the campaign period, but the ruling left in place restrictions on “direct or indirect” promotion of candidates or specific political views.

The law includes the offense of inciting “financial panic” with a penalty of imprisonment for five to seven years for any person who divulges false information that causes alarm in the population and provokes massive withdrawals of deposits from a financial institution that place at risk the institution’s stability.

The law mandates the television and radio broadcast of messages and reports by the president and his cabinet free of charge. President Moreno reduced the amount of time required for presidential broadcasts to one 15-minute weekly program from the three- to four-hour weekly program by his predecessor.

Reforms to the 2013 communications law on spectrum allocations addressed past concerns about excessive spectrum being potentially allocated to state media. The reforms call for the redistribution of broadcast frequencies to divide media ownership between community media (up to 34 percent), private media and public media (up to 66 percent combined). Maximum figures under the reform are subject to demand and availability. Nonetheless, the reforms limit the allocation of radio frequencies to the public sector to no more than 10 percent of the spectrum. On August 29, Minister of Telecommunications Andres Michelena announced the frequency redistribution process was underway.

Violence and Harassment: On June 28, supporters of then president Jose Tuarez of the Citizen Participation and Social Control Council (CPCCS) pushed and screamed at journalists from several media outlets while he participated in a press conference in Guayaquil. On July 5, Tuarez accused some media members of being “corrupt” during his official tour to Manabi Province. He further accused outlets of “media lynching” (see “Libel/Slander Laws” subsection below) over published stories that Tuarez altered his credentials to bolster his candidacy for the CPCCS presidency. Separately, Tuarez was removed from his position as CPCCS president by the National Assembly on August 15 for “breach of duties and lack of probity.”

Censorship or Content Restrictions: There were reports government officials tried to penalize those who published items critical of the government. On May 17, the Health Ministry’s National Agency of Sanitary Control (ARCSA) filed a criminal lawsuit against Luis Eduardo Vivanco and three other journalists from digital media outlet La Posta. ARCSA officials complained La Posta published “discrediting expressions” in an article alleging irregularities in medical supply acquisitions. President Moreno requested the resignation of ARCSA executive director Juan Carlos Galarza the same day, citing the criminal lawsuit against La Posta. The Communication Secretariat in the Office of the Presidency issued a statement noting it valued freedom of expression and would “not tolerate any stances against it.”

On October 8, police confiscated with a judicial warrant the transmitting equipment of Pichincha Universal, a public radio station under the control of the Prefecture of Pichincha, whose prefect was subsequently detained October 14 on charges of “rebellion,” based on the claim by the Public Prosecutor’s Office that the radio station violated the law by “inciting unrest” during violent antigovernment protests. The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expressed concern on October 10 about the suspension of the radio station’s transmission, which “could constitute an act of censorship.” On October 25, a judge issued a preliminary injunction, and the radio station returned to the air.

Digital outlet La Fuente reported to Fundamedios that it had received an email, allegedly from someone in the Office of the Presidency, that its website was being suspended temporarily on July 11 due to alleged violations of copyright laws for using certain graphics without authorization in several of its reports. La Fuente resumed online operations the following day.

On February 25, a regional law firm reported that the reforms to the 2013 communications law repealed some prior censorship measures. For example, the reform introduced the concept of “self-regulation,” defined as the balance between responsibility and freedom of information, which media outlets must regulate through the drafting of voluntary codes of ethics.

The law imposes local content quotas on media, including a requirement that a minimum of 60 percent of content on television and 50 percent of radio content be produced domestically. Additionally, the law requires that advertising be produced domestically and prohibits any advertising deemed by a judge (as private individuals can initiate complaints against advertisers) to be sexist, racist, or discriminatory in nature. Furthermore, the Ministry of Public Health must approve all advertising for food or health products.

Libel/Slander Laws: Libel is a criminal offense under the law, with penalties of up to three years in prison, plus fines. The law assigns responsibility to media owners, who are liable for opinion pieces or statements by reporters or others, including readers, using their media platforms. February reforms to the 2013 communications law repealed a prohibition of “media lynching,” described as the “coordinated and repetitive dissemination of information, directly or by third parties through media, intended to discredit a person or company or reduce its public credibility.”

There was one report a government official used libel laws against a journalist. Esmeraldas Province authorities confirmed journalist Henry Cordova was detained on September 8 to serve a 20-day prison sentence in lieu of paying a $5,000 fine, stemming from a November 2018 ruling in which Cordova was found guilty of libel against national assemblyperson at the time (now Esmeraldas prefect) Roberta Zambrano.

On September 11, the Constitutional Court overturned a 2012 ruling against Diario La Hora. The National Secretary of Public Administration argued in 2012 that the outlet published information (about the then government’s propaganda expenses) that hurt the institution’s reputation. The court’s September 11 decision highlighted that only humans, not institutions, have rights. Legal experts argued the decision sets a precedent in favor of free speech.

Nongovernmental Impact: On April 16, President Moreno reported that a truth commission from the Attorney General’s Office would investigate the kidnapping and killing of El Comercio journalists by a narcoguerilla group in March and April 2018.

Actions to Expand Freedom of Expression, including for the media: President Moreno signed the Chapultepec Declaration on February 20, reiterating his commitment to press freedom. On April 29, representatives from several government agencies, including the Presidency’s General Secretariat for Communication, Ministry of the Interior, Ministry of Foreign Affairs and Human Mobility, and Council for Regulation, Development, and Promotion of Information and Communication, signed an agreement to set up a national Committee for the Protection of Journalists. The committee drafts security protocols, provides training, and specifies the investigation of threats against journalists. On May 31, the committee held its first meeting, open to the public, in which the government’s then secretary general for communication Andres Michelena reiterated the committee’s dedication to journalists’ defense and protection.

In May UN Special Rapporteur on Freedom of Opinion and Expression David Kaye submitted a report to the UN Human Rights Council based upon his October 2018 visit to the country. The report recognized the “significant progress” in the government’s effort “to put an end to…violations of the right to freedom of expression, and to reverse their effects.”

In July the Inter-American Court of Human Rights ruled in favor of newspaper El Universo in a case previously brought against it by then president Rafael Correa, who had accused El Universo of damaging his reputation following an editorial piece by journalist Emilio Palacio that analyzed the public clashes between police and national government in September 2011 (30-S).

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

In response to physical violence, vandalism, and looting during nationwide protests against the government’s proposed economic reforms, President Moreno issued Decree 884 on October 3 that established a nationwide “state of exception” for 60 days, which suspended mass gatherings in public spaces and mobilized the armed forces and police to “protect property, life, and maintain order.” The Constitutional Court validated the state of exception October 7 but limited it to 30 days.

On October 12, President Moreno issued Decree 893 amending the state of exception and focusing the restrictions on movement to key state installations and government buildings, as well as vital infrastructure including airports and oil refineries. The state of exception ended on November 2. Following escalating violence and attacks against police and military personnel and government and press buildings, the President declared a curfew in the Quito metropolitan area on October 12, which was lifted the following day.

Freedom of Peaceful Assembly

The law provides for freedom of peaceful assembly, and the government generally respected this right. Public rallies require prior government permits, which authorities usually granted.

Although the nationwide state of exception under Decrees 884 and 893 prohibited mass gatherings, various mass demonstrations occurred between October 3 and October 13. President Moreno and government ministers consistently distinguished between peaceful protesters and violent agitators and vandals. Several peaceful demonstrations took place during the state of exception, including a peaceful protest by approximately 17,000 demonstrators that police facilitated in Quito on October 9 and a march for peace and democracy in Guayaquil that drew an estimated 30,000 persons on the same day.

The government reported that no lethal force by police or armed forces was used to respond to the protesters. According to Ministry of Government figures, there were 1,330 detentions, 1,507 wounded (including 435 police personnel), 202 police detained against their will by protesters, and up to eight dead between October 3-13 in the context of the protests. The government claimed most of the deaths were the result of accidents, including traffic accidents, but pledged to investigate the circumstances of all deaths. The government reported none of the deaths were attributable to live ammunition. The government invited the IACHR to visit October 28-30 and the Office of the UN High Commissioner for Human Rights for a mission October 20-November 8 to observe the human rights situation in connection with the protests. Final reports on the findings of the respective visits were pending through November 20.

Estonia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech, including for the press.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

b. Freedoms of Peaceful Assembly and Association

Finland

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: Public speech intended to incite discrimination against any national, racial, religious, or ethnic group is a crime. Hate speech is not a separate criminal offense but may constitute grounds for an aggravated sentence for other offenses.

Press and Media, Including Online Media: The distribution of hate material intended to incite discrimination against any national, racial, religious, or ethnic group in print or broadcast media, books, or online newspapers or journals is a crime.

Independent media were active and expressed a wide variety of views with little restriction.

Violence and Harassment: Journalists who covered sensitive topics, including immigration, far-right organizations, and terrorism, reported continuing harassment by private entities, including being targeted by defamation cases.

On April 12, the Oulu District Court convicted and fined journalist Johanna Vehkoo of the investigative journalistic website Long Play for defamation of Oulu city councilor Junes Lokka, an anti-immigration activist with a history of making xenophobic remarks and a member of the Genuinely Finnish Joint List political group. Vehkoo had called Lokka a “Nazi,” “Nazi clown,” and “racist.” Separately on April 1, Lokka himself was charged with four counts of defamation and invasion of privacy for his internet postings.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Germany

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Freedom of Expression: While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism).

In May, Facebook announced it had removed 2.19 billion “fake profiles” between January and March, including some that promoted the AfD, after the NGO Avaaz identified them as sources of targeted misinformation. Saarland AfD politician Laleh Hadjimohamadvali claimed her posts had been deleted or blocked in the past, which deprived her of her freedom of expression.

Lower Saxony’s government approved a law in March that makes it illegal for judges and state prosecutors to wear religious symbols openly during public trials. This includes (Muslim) headscarves, (Christian) crosses, and (Jewish) kippas. Similar laws already existed in Baden-Wuerttemberg, Bavaria, Berlin, and Bremen, while Hesse and Thuringia imposed more vague limits on religious attire for judges and state prosecutors.

Georg Restle, the host of the left-leaning political TV program “Monitor” on Westdeutscher Rundfunk (WDR), received a death threat by mail after he made critical comments about the AfD on July 11. WDR has filed charges against the unknown perpetrator, and 44 WDR journalists expressed solidarity with Restle in an ad in the local newspaper Koelner Stadt-Anzeiger. After the threat, Restle requested stronger protection for freedom of speech and press. The threatening letter appeared to have the same author as similar letters sent to Cologne Mayor Reker and to Altena Mayor Hollstein. The Federal Prosecutor assumed that an individual with a right-wing extremist background was responsible. Cologne police were investigating.

Press and Media, including Online Media: The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.

Violence and Harassment: On May 1, during a demonstration of the far-right Pro Chemnitz movement in the city of Chemnitz, a journalist from the local daily Freie Presse was threatened by protesters. Instead of defending the journalist’s right to cover the demonstration, police forced him to delete his pictures and afterwards expelled him from the demonstration site. Later, police released a statement saying it was a “misunderstanding.” Pro Chemnitz is a right-wing organization which the Saxony Office for the Protection of the Constitution monitors to evaluate whether it should be banned.

In August 2018 representatives of the anti-Islam Patriotic Europeans against the Islamization of the Occident movement and the AfD party protested Chancellor Merkel’s visit to Dresden. A demonstrator (an off-duty police employee) claimed privacy laws prohibited a ZDF camera team from filming him, and he filed a complaint with police on the spot. Police held the camera team for 45 minutes, reportedly to verify their identities. Chancellor Merkel issued a statement in support of press freedom and noted that demonstrators should expect they may be filmed. The Dresden Police Commissioner apologized to the journalists, and the police employee was transferred to the state directorate in September 2018. In June the employee sued ZDF for violating media law and his personal rights. The case was ongoing as of November.

b. Freedoms of Peaceful Assembly and Association

While the constitution provides for the freedoms of peaceful assembly and association, the government restricted these freedoms in some instances.

Freedom of Peaceful Assembly

The government restricted the freedom of peaceful assembly in some instances. Groups seeking to hold open-air public rallies and marches must obtain permits, and state and local officials may deny permits when public safety concerns arise or when the applicant is from a prohibited organization, mainly right-wing extremist groups. In rare instances during the year, authorities denied such applications to assemble publicly. Authorities allowed nonprohibited right-wing extremist or neo-Nazi groups to hold public rallies or marches when they did so in accordance with the law.

It is illegal to block officially registered demonstrations. Many anti-Nazi activists refused to accept such restrictions and attempted to block neo-Nazi demonstrations or to hold counterdemonstrations, resulting in clashes between police and anti-Nazi demonstrators.

Police detained known or suspected activists when they believed such individuals intended to participate in illegal or unauthorized demonstrations. The length of detention varied from state to state.

In February the Duesseldorf administrative court ruled that the police ban of the planned Kurdish demonstration “Against the war in Afrin” in February 2018 was unlawful. The court found the police assumption that the protest group was a suborganization of the banned Kurdistan Workers’ Party was false and the ban disproportionate. It ordered the police to compensate the protest group 5,000 euros ($5,500).

Greece

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The constitution and law protect freedom of expression but specifically allow restrictions on speech inciting discrimination, hatred, or violence against persons or groups based on their race, skin color, religion, descent, national or ethnic origin, sexual orientation, gender identity, or disability, or who express ideas insulting to persons or groups on those grounds.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. On June 10, the government passed legislation requiring vendors who sell print media to stock and display all Greek newspapers and magazines. Penalties for those intentionally breaking the law range from one year’s imprisonment to a fine from 5,000 to 50,000 euros ($5,500 to $55,000). For repeated offenders, the penalty can increase to two years or more in prison.

Violence and Harassment: Journalists were subjected to physical attack, harassment, or intimidation due to their reporting in at least 10 instances. On April 7, a riot police officer in Idomeni, near the border with North Macedonia, kicked a photojournalist covering a migrant protest and later struck the photojournalist in the face and head with his shield. The government and journalist unions condemned the attacks. Seven attacks were led by members of far-right groups who targeted reporters and photojournalists covering rallies protesting the Prespa Agreement between Greece and North Macedonia. Anarchists led other attacks, once torching a journalist’s car at her residence and on December 5, pelting a television crew stationed near the Athens University of Economics and Business with paint. There were no reports of police detentions in these incidents.

Censorship or Content Restrictions: The government did not censor media. The government maintains an online register with the legal status of local websites, their number of employees, detailed shareholder information, and the tax office they fall under. Once registered, these websites are accredited to accept funding through state advertising, to cover official events, and to benefit from research and training programs of the National Center of Audiovisual Works. All registered websites had to display their certification on their homepage. Although registering was an open and nonobligatory process, outlets failing to do so could be excluded from the accreditation benefits. On April 15, the government launched a similar electronic registry for regional and local press.

Libel/Slander Laws: The law provides criminal penalties for defamation. A law passed February 26 clarifies that individuals convicted of crimes cannot claim slander for discussion of those crimes. This law also removes the provision requiring journalists to appear immediately before a court, or wait in jail until the court opened, in the case they were accused of libel, a provision that had been abused by politicians to intimidate journalists. On February 13, a court convicted then alternate health minister Pavlos Polakis for slander against a deceased reporter whom he had accused of taking bribes from the Hellenic Center for Disease Control and Prevention. The court ordered the alternate health minister to pay financial damages to the journalist’s family. The government abolished blasphemy laws, effective on July 1.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

There were, however, some complaints that police dispersed and briefly arrested demonstrators outside heavily secured venues, citing concerns of peace and public order (see also section 1.d., Arbitrary Arrest or Detention). On January 23, police detained 20 protesters outside the Megaro Mousikis concert hall in Athens where the then prime minister was scheduled to deliver a speech. According to those detained, police did not provide an explanation for their actions.

On January 29, the International Hellenic Association (IHA) criticized the Ministry of Defense for retracting an offer to provide space inside the War Museum’s premises for an event entitled “Macedonia Is One and Greek.” The IHA suggested the government was using its authority to quash dissenting views on the Prespa Agreement, a treaty between Greece and North Macedonia, which resolved a long dispute over the name “Macedonia.”

Guatemala

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. The intimidation of and violence against journalists resulted in significant self-censorship, however.

Freedom of Expression: On March 21, a court dismissed a case in which President Morales filed a criminal complaint against social activist Roberto Rimola. Morales accused Rimola of defamation and insult after Rimola verbally insulted him. The court ruled that insulting leaders of the three branches of government could not be considered a crime due to limitations to freedom of expression. Morales appealed the court decision and attended a May 29 hearing in court. As of October 1, the case remained open, and a lower court declared the case must be judged specifically under the freedom of expression act, normally reserved for cases involving journalists.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Nonetheless, reporters covering organized crime, including its links to corrupt public officials, acknowledged practicing self-censorship, recognizing the danger investigative journalism posed to them and their families. Public security forces continued imposing more stringent identification checks on journalists covering government events and activities, a practice initiated in August 2018.

On May 9, presidential candidate Sandra Torres filed a criminal complaint against the daily newspaper elPeriodico after it published several editorials against her. Torres based her lawsuit on the law against femicide and violence against women for attempted violation of her physical and psychological integrity. On May 13, she tried to rescind the lawsuit, but the femicide law does not permit withdrawal of cases, and consequently the Public Ministry must conclude an investigation.

Violence and Harassment: Members of the press reported receiving pressure, threats, and retribution from public officials regarding the content of their reporting. Online attacks against independent journalists and media outlets continued throughout the year. These included hacking of journalists’ private accounts, publishing stolen or falsified personal information, and apparent coordinated attempts to undermine specific journalists and the press. On May 20, a blog page appeared against Henry Bin, journalist for the radio and weekend television program ConCriterio, and several other independent journalists, alleging Bin was gay and engaged in pedophilia and child pornography. Several attacks against journalists in April and May included videos alleging various forms of corruption and immorality by journalists Juan Luis Font, Claudia Mendez, and Pedro Trujillo.

Members of the press continued to report threats and violence from public officials and criminal organizations, which impaired the practice of free and open journalism. The government failed to establish a journalist protection program, a voluntary commitment the country accepted in 2012 during the Universal Periodic Review of the UN Human Rights Council. According to the Public Ministry, 51 complaints were filed for attacks or threats against journalists; none were killed by the end of August, compared with two killings in 2018.

On June 4, Judge Miguel Angel Galvez of High-Risk Court B found sufficient cause to bring to trial the case of Julio Antonio Juarez Ramirez, accused of ordering the killing of journalist Danilo Efrain Zapon Lopez in 2015 in Mazatenango, Suchitepequez Department.

The Public Ministry employed a unit dedicated to the investigation of threats and attacks against journalists, but the NGO Center for Reporting in Guatemala noted it had few prosecutions.

Nongovernmental Impact: Organized crime exerted influence over media outlets and reporters, frequently threatening individuals for reporting on criminal activities.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights, with a few exceptions. On September 4, in response to the killing of three soldiers in the municipality of El Estor, Izabal Department, President Morales declared a state of siege in 22 municipalities across five departments. Congress ratified the measure, which limited the freedom of peaceful assembly, freedom of association, and the right to protest for more than one million citizens living in the area under siege. The president and congress renewed the state of siege for a second 30-day period ending on November 4.

Freedom of Peaceful Assembly

The law provides for freedom of assembly, and the government generally respected this right, except during the declared state of siege noted above.

Indonesia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution broadly provides for freedom of expression while including some limitations. Some elements within the government, the judiciary, and police used laws against defamation and blasphemy to restrict freedom of expression, including for the press. The government used provisions of law against advocacy of separatism to restrict the ability of individuals and media to advocate peacefully for independence.

Freedom of Expression: The law criminalizes content deemed insulting to a religion or advocating separatism. The law also criminalizes hate speech, defined as “purposeful or unlawful dissemination of information aimed to create hatred or animosity against an individual or a particular group based on their race, beliefs and ethnicity.”

By law “spreading religious hatred, heresy, and blasphemy” is punishable by a maximum of five years in prison. Protests by Islamic groups or conservative clerical councils often prompted local authorities to act under the law. According to Amnesty International, in 2018 at least 30 individuals remained incarcerated for speech deemed blasphemous, immoral, or insulting.

In March the Supreme Court rejected the appeal and affirmed the sentence of a Buddhist woman of Chinese descent who in 2018 had been sentenced to 18 months in prison for blasphemy after she complained about the volume of loudspeakers at a mosque in Tanjung Balai, North Sumatra.

Although the law permits flying a flag symbolizing Papua’s cultural identity generally, a government regulation specifically prohibits the display of the Morning Star flag in Papua, as well as the Republic of South Maluku flag in Molucca and the Free Aceh Movement Crescent Moon flag in Aceh. NGOs reported that on August 31, police arrested six activists, including five Papuan students in Jakarta and Surya Anta Ginting, for flying the Morning Star flag outside the state palace. On September 3, police arrested an activist, Sayang Mandabayan, at the Manokwari airport for traveling with 1,500 small Morning Star flags.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. The government, however, sometimes used regional and national regulations to restrict media. While some foreign journalists received permits for travel to Papua and West Papua Provinces, others reported bureaucratic delays or denials, ostensibly for safety reasons. Advocates for press freedom alleged that a governmental interagency group continued to review requests by foreign journalists to visit the region. The constitution protects journalists from interference, and the law requires that anyone who deliberately prevents journalists from doing their job shall face a maximum prison sentence of two years or a fine of Indonesian rupiah (IDR) 500 million ($35,700).

Violence and Harassment: The Alliance of Independent Journalists (AJI) reported 20 cases of violence directed at journalists and media offices between January and April. The AJI also reported that at least seven journalists were victims of violence during postelection riots in Jakarta. Police and protesters allegedly restrained journalists forcefully, confiscated their devices, and forced them to delete pictures and videos. Some journalists reported other instances of physical intimidation during the incidents.

Censorship or Content Restrictions: The Attorney General’s Office has authority to monitor written material and request a court order to ban written material. During August and September, protests in Papua, Jakarta, and elsewhere, authorities limited access to the internet or to particular social media sites, saying this was done to prevent the spread of disinformation.

Libel/Slander Laws: Defamation provisions of the law prohibit libel and slander, which are punishable with five-year prison terms.

Elements within the government and society selectively enforced criminal defamation law to intimidate individuals and restrict freedom of speech. In March police arrested Robertus Robet, a university lecturer and prodemocracy activist, for singing a song on February 28 that allegedly insulted the military. Robet was charged with insulting those in power or legal institutions and released after 14 hours. He faced a maximum penalty of 18 months’ imprisonment; the case had not gone to trial as of October.

In late July, President Widodo granted amnesty to Baiq Nuril, a West Nusa Tenggara high school teacher convicted in November 2018 of defaming her principal when she recorded his lewd telephone calls, which were then circulated online. Baiq had been sentenced to six months in prison and fined IDR 500 million ($35,700).

Nongovernmental Impact: Hardline Muslim groups sometimes intimidated perceived critics of Islam in order to limit their speech rights.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, but the government sometimes restricted these freedoms.

Freedom of Peaceful Assembly

The law provides for freedom of assembly, and outside Papua the government generally respected this right. The law requires demonstrators to provide police with a written notification three days before any planned demonstration and requires police to issue a receipt for the written notification. This receipt acts as a de facto license for the demonstration. Police in Papua routinely refused to issue such receipts to would-be demonstrators out of concern the demonstrations would include calls for independence, an act prohibited by law. A 2016 Papua provincial police decree prohibits rallies by seven organizations labeled as proindependence groups, including the National Committee of West Papua, United Liberation Movement for West Papua, and Free Papua Movement.

NGOs claim that at least six protesters were killed during clashes on August 28 in the town of Waghete, Deiyai Regency, Papua; the government disputes those numbers and maintains security forces acted lawfully.

Ireland

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law prohibits words or behaviors likely to generate hatred against persons because of their race, nationality, religion, national origins, or sexual orientation. Although a referendum to remove blasphemy from the constitution passed in 2018, the law still prohibits blasphemy, defined as publishing or uttering “matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion.” The law permits defendants to argue “genuine literary, artistic, political, scientific, or academic value” as a defense.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views. The same prohibitions against language likely to generate hatred and blasphemy that affected freedom of expression also applied to the press. The government can prohibit the state-owned radio and television network from broadcasting any material “likely to promote or incite to crime or which would tend to undermine the authority of the state.” Authorities did not invoke these prohibitions during the year.

Israel, West Bank, and Gaza

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law generally provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

The law imposes tort liability on any person who knowingly issues a public call for an economic, cultural, or academic boycott of the State of Israel or of institutions or entities in areas under its control in the West Bank. Plaintiffs must prove direct economic harm to claim damages under the “anti-boycott” legislation. The law also permits the finance minister to impose administrative sanctions on those calling for such a boycott, including restrictions on participating in tenders for contracts with the government and denial of government benefits.

In 2017 the Knesset passed an amendment barring entry to the country of visitors who called for boycotts, and in January 2018 the Ministry of Strategic Affairs published a list of 20 organizations whose members would be refused entry to Israel. The government also used this law to deport Human Rights Watch director of Israel and Palestine Omar Shakir (see section 5).

Freedom of Expression: The law prohibits hate speech and content liable to incite to violence or discrimination on grounds of race, origin, religion, nationality, and gender.

The maximum penalty for desecrating the Israeli flag is three years in prison and a fine of 58,400 shekels ($16,900).

In cases of speech that are defined as incitement to violence or hate speech, the law empowers police to limit freedom of expression.

A 2018 law “prohibit[s] individuals or organizations that are not part of the education system from engaging in activities within an educational institution when the nature of the activity undermines the goals of state education.” Both supporters and opponents of the bill said it targeted the NGO Breaking the Silence, which described its activities as collecting and publishing “the testimonies of soldiers who served in the occupied territories in order to generate public discourse on the reality of the occupation, with the aim of bringing it to an end.” Breaking the Silence criticized the law as a violation of freedom of political expression. As of year’s end, the Ministry of Education had not issued regulations necessary to implement the law.

Security officials prohibited groups affiliated with the Palestine Liberation Organization (PLO) or Palestinian Authority (PA) from meeting in Jerusalem based on a 1995 law banning the PA from engaging in political, diplomatic, security, or security-related activities in Israel, including Jerusalem.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction, with a few exceptions.

In October 2018 police issued a new regulation regarding the work of journalists in areas experiencing clashes, which authorities claimed balanced freedom of the press and security requirements. According to the Seventh Eye media watchdog group, the regulation grants police broad authorities to prevent journalists’ access to public incidents involving violence (i.e., riots, demonstrations, protests) if there exists a concern that the entry of journalists would lead to “special circumstances,” such as injury or the loss of life, further violence, disrupting investigative procedures, serious violation of privacy, or violation of a closure order. According to the regulation, however, police must also consider alternatives to minimize the violation of press freedom, for instance by escorting journalists in and out of dangerous situations.

Violence and Harassment: Palestinian journalists who were able to obtain entry permits, as well as Jerusalem-based Arab journalists, reported incidents of harassment, racism, and occasional violence when they sought to cover news in Jerusalem, especially in the Old City and its vicinity. According to a January 23 Foreign Press Association statement, “Arab journalists [are] needlessly hassled by Israeli security in what we believe is clear ethnic profiling.” This included reports of alleged harassment by Israeli soldiers and acts of violence against Palestinian and Arab-Israeli journalists that prevented them from covering news stories. According to the Journalists Support Committee, 26 Palestinian journalists were detained in Israeli prisons as of August. In April the Committee to Protect Journalists issued a statement criticizing the government for holding Palestinian journalists in its jails, noting “Israel’s use of administrative detention to hold journalists without charge runs completely contrary to its professed values of democracy and rule of law.”

The Ministry of Interior sought to deport stateless photojournalist Mustafa al-Haruf from East Jerusalem to Jordan, after he was unable to obtain residency status in Jerusalem, and held him in administrative detention between January and October. In March the Committee to Protect Journalists called on authorities to either clarify the reasons for al-Haruf’s detention and deportation order or release him immediately. After Jordan refused to accept al-Haruf, on October 24, a court reviewing border-control decisions released him, due to the Ministry of Interior’s inability to deport him. The court ordered al-Haruf to regularize his status by February 12, 2020. While the government classified the reasons for the denial of al-Haruf’s status for security reasons, in an appeal of his deportation a Supreme Court justice stated al-Haruf “crossed the line between his journalistic work and assisting terrorist organizations” but also mentioned “reports that are not sympathetic to the State of Israel,” according to +972 Magazine.

Prime Minister Netanyahu and his supporters criticized journalists, media channels, and media owners for reporting on investigations into a series of allegations (see section 4) involving the prime minister, for which the attorney general decided to indict him. In January the Likud Party published billboards with photographs of four journalists saying, “they will not decide,” according to media reports. Following attacks in media and social media by the prime minister and his son, Yair Netanyahu, against Channel 12 News legal correspondent Guy Peleg, who covered the Netanyahu investigations, Peleg received a series of threats on WhatsApp and social media, which led the channel to provide him with a private security guard on August 30. On August 31, Netanyahu criticized the heads of Channel 12 News for their coverage of his office, called for a boycott of the channel, and said they were carrying out a “terror attack against democracy,” while treating rival political parties more gently than Likud. Netanyahu argued that he was working to increase competition in the domestic television market.

On October 26, a group of ultra-Orthodox men physically attacked an Israel Hayom reporter near Haifa. The attackers severely assaulted the journalist, breaking his nose and resulting in a concussion. The attackers called him a “traitor” and a “leftist” after confirming he was a journalist. On October 31, police arrested a suspect in the attack, and the investigation of the case was pending as of December.

On September 2, the state attorney issued a directive instructing prosecutors to consider requesting increased sentences of three to five years’ imprisonment for violent offenses committed against journalists.

Censorship or Content Restrictions: All media organizations must submit to military censors any material relating to specific military issues or strategic infrastructure problems, such as oil and water supplies. Organizations may appeal the censor’s decisions to the Supreme Court, and the censor may not appeal a court judgment.

News printed or broadcast abroad is subject to security censorship. The government regularly enacted restrictive orders on sensitive security information and continuing investigations and required foreign correspondents, as well as local media, to abide by these orders. According to data provided by the armed forces through a Freedom of Information Act request by +972 Magazine, in 2018 the censor intervened in 2,721 articles of 10,938 submitted to it and banned 363 articles.

While the government retained the authority to censor the printing of publications for security concerns, anecdotal evidence suggested authorities did not actively review the Jerusalem-based al-Quds newspaper or other Jerusalem-based Arabic publications. Those publications, however, reported they engaged in self-censorship.

National Security: The law criminalizes as “terrorist acts” speech supporting terrorism, including public praise of a terrorist organization, display of symbols, expression of slogans, and “incitement.” In 2018 the Knesset amended the law to authorize restrictions on the release of bodies of terrorists and their funerals to prevent “incitement to terror or identification with a terrorist organization or an act of terror.” The government issued 53 indictments and courts convicted 39 persons under the law during the year. On May 16, the Nazareth District Court partially accepted the appeal of Dareen Tatour, who was convicted by the local magistrate’s court due to poems, pictures, and other media content she posted online in 2015. The court reversed lower court verdicts on charges of “incitement to violence” and “support of a terrorist organization” related to her poetry, but it upheld convictions related to her other publications. The ruling stated that when examining freedom of expression, the fact that Tatour’s words were part of an artistic piece had to be taken into consideration.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The law provides for this right, and the government generally respected it.

There were reports that police used excessive force in response to protests by certain groups, including members of the ultra-Orthodox community, Arab citizens and residents, Israelis of Ethiopian origin, and persons with disabilities. For example, on May 23, military police officers reportedly forced to the floor an autistic boy at an ultra-Orthodox demonstration. According to police, the boy allegedly hit a police officer prior to the incident.

In June authorities implemented a new procedure granting police the ability to impose conditions on outdoor gatherings of 50 or more persons. NGOs expressed concern that this restriction was a violation of freedom of expression and assembly and criticized police for creating obstacles to free speech and assembly in cases where demonstration permits were not required. On August 14, police arrested seven activists who protested against the killing of an Ethiopian-Israeli by a police officer (see section 6), and on August 16, authorities arrested an additional nine anticorruption activists, arguing they violated the new conditions.

Italy

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government usually respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: Detention is legitimate only in case of serious violation of fundamental rights and hate crimes. Speech based on racial, ethnic, national, or religious discrimination is a crime punishable by up to 18 months in prison. Holocaust denial is an aggravating circumstance carrying additional penalties in judicial proceedings.

The law criminalizes insults against any divinity as blasphemy and penalizes offenders with fines from 51 to 309 euros ($56 to $340). There were no reports of enforcement of this law, or of convictions under it, during the year. On July 26, the municipal authorities of Saonara, near Padua, adopted rules penalizing public blasphemy with a 400-euro ($440) fine.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: The 2019 World Press Freedom Index, compiled by the

NGO Reporters without Borders (RSF), characterized the level of violence against reporters, including verbal and physical intimidation, by private actors as “alarming,” particularly in Campania, Calabria, Apulia, Sicily, Rome, Latium, and Lazio.

The RSF reported journalists increasingly self-censored due to pressure from politicians and organized crime networks. In January, Paolo Borrometi, a journalist collaborating with the newswire Agenzia Giornalistica Italia received a threatening letter, likely from an organized crime syndicate. Borrometi had previous around-the-clock police protection, because prosecutors believed an organized crime cell was planning to kill him for his investigations into its illicit business.

The 2019 report of the Partner Organizations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists (PJSJ) voiced concerns over physical and verbal attacks on journalists by neo-fascist groups.

Although authorities generally did not participate in or condone violence or harassment against journalists, the RSF and the PJSJ condemned the former deputy prime minister for his hostile social media rhetoric about the media and journalists. On May 23, a group of riot police officers beat Stefano Origone, a reporter for the daily La Repubblica, with batons and kicked him while the journalist was covering clashes among demonstrators near a rally staged by far-right party CasaPound in Genoa. Origone suffered two broken fingers and one broken rib before another police officer stopped the beating, shouting “stop, stop, he’s a journalist.” Police opened an investigation into the incident and expressed regret.

On August 1, the National Federation of the Italian Press (FNSI) denounced the hostility towards journalists who questioned public officials. Valerio Muzio, a journalist for a leading daily La Repubblica, videotaped police intimidating him after they noticed he was filming former deputy prime minister Matteo Salvini’s son riding on a police jet ski, against regulations. On August 5, Chief of Police Franco Gabrielli opened an investigation into possible limitations on freedom of the press stemming from the incident. On August 4, the FNSI expressed solidarity for journalist Sandro Ruotolo, who criticized Salvini in a tweet and subsequently received threats via Twitter from other users.

Libel/Slander Laws: Libel and defamation are criminal offenses punishable by up to three years of imprisonment, which may be increased if directed against a politician or government official. Public officials brought cases against journalists under libel laws. Criminal penalties for libel were seldom carried out. On September 22, the Court of Cassation (Supreme Court) ruled, based on the European Convention on Human Rights, that journalists convicted of libel cannot be punished with imprisonment. Detention is legitimate only in case of serious violation of fundamental rights and hate crimes. In August former prime minister Matteo Renzi sued Antonio Padellaro, former editor of independent daily Fatto Quotidiano, for defamation based on his likening Renzi to the former deputy prime minister during a talk show.

On March 7, the ECHR condemned the country for the jail term given to former deputy editor of the daily Libero Alessandro Sallusti for the publication of some articles in 2007. In 2012 the Court of Cassation had upheld a conviction to 14 months in prison, considered incompatible with the EU Convention on Human Rights, and a 5,000-euro ($5,500) fine.

On June 11, the weekly magazine L’Espresso reported a Milan judge acquitted journalist Emiliano Fittipaldi of defamation charges filed by the former deputy prime minister for having stated during a television show that it was impossible “to deploy Navy ships and shoot at anybody who gets closer, as proposed by the former deputy prime minister in some instances.”

Nongovernmental Impact: The RSF noted many journalists from Rome and the south claimed the mafia and local criminal gangs pressured them. On August 15 in Sulmona, unidentified individuals burned the car of Claudio Lattanzio, a photojournalist for local daily Il Centro. The FNSI also reported threats from organized crime syndicates against journalists. During the year, according to an RSF report, approximately 20 journalists received around-the-clock police protection due to threats from organized crime, while 200 others received occasional protection in 2018. In February a journalist was attacked by a group while filming an investigative story on mafia clans in Abruzzo. The same journalist was previously attacked in late 2017 while he was investigating a different mafia clan’s alleged support for radical group Casa Pound in the Roman coastal town of Ostia.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Japan

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and expression, including for the press, and the government generally respected these freedoms. The independent press and a functioning democratic political system sustained freedom of expression in the reporting year.

Freedom of Expression: Despite a law addressing hate speech, the government neither penalizes nor prohibits it. While there was a decrease in hate speech at demonstrations, it increased in propaganda, election campaigning, and online. Hate crimes also increased.

In response some prefectures and municipalities have taken action. In April an ordinance went into effect in Tokyo restricting the use of parks and other public facilities for potential hate rallies or other hate speech events, requiring universities and other businesses in its jurisdiction to make efforts to eliminate unjust discrimination and requiring the municipality to take measures to prevent the spread of certain hate speech on the internet following a consultation with a review board to avoid restricting legitimate acts of expression. The ordinance was modeled after similar ones in Osaka and Kawasaki. Some legal, journalist, and political groups expressed concerns that the ordinance is too vague and could suppress freedom of speech. In December the City of Kawasaki enacted an ordinance that bans discriminatory language and actions against foreign persons in public places in the city, for which repeat offenders are subject to a fine of up to 500,000 yen ($4,600).

In July the Tokyo District Court provisionally decided to prohibit a figure, as yet unnamed, known for making anti-Korean hate speeches, from organizing an anti-Korea demonstration within a 550-yard radius of the North Korea-affiliated Tokyo Korean Junior and Senior High School, press reported.

According to legal experts and NGOs, hate speech and hate crimes against ethnic Koreans were particularly prominent and numerous, but also were directed at other racial and ethnic minorities. In August a Korean resident filed a human rights complaint against a professor at a Tokyo-based university based on the city’s newly enacted ordinance banning ethnic discrimination. The professor was accused of repeatedly using hate speech against Koreans in class and online.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

While no such cases have ever been pursued, the law enables the government to prosecute those who publish or disclose government information that is a specially designated secret. Those convicted face up to five years’ imprisonment with work and a fine of not more than five million yen ($46,000).

Censorship or Content Restrictions: Domestic and international observers continued to express concerns that the system of kisha (reporter) clubs attached to government agencies may encourage censorship. These clubs are established in a variety of organizations, including ministries, and may block nonmembers, including freelance and foreign reporters, from covering the organization.

During the year the government barred two journalists from travelling abroad. In February Kosuke Tsuneoka was denied boarding on a flight to Yemen, via Oman, and told his passport had been revoked. In July the Foreign Ministry denied a passport to Jumpei Yasuda, who planned to travel to India and Europe. In both cases, officials cited legal provisions enabling the Foreign Ministry to deny passports if the holder is not permitted to enter a destination country. Tsuneoka was banned from entering Oman; Yasuda was barred from Turkey, although that country was not on his travel plans. The law also allows denial of a passport if the planned travel could harm the country’s national interest, but the government did not cite that provision in its statements. Numerous domestic and internal observers and groups criticized these actions.

Libel/Slander Laws: Libel is a criminal as well as civil offense. The law does not accept the truthfulness of a statement in itself as a defense. There is no evidence the government abused these laws to restrict public discussion during the year.

b. Freedoms of Peaceful Assembly and Association

The law provides for freedom of assembly and association, and the government generally respected these rights.

Kazakhstan

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

While the constitution provides for freedom of speech and of the press, the government limited freedom of expression and exerted influence on media through a variety of means, including detention, imprisonment, criminal and administrative charges, laws, harassment, licensing regulations, and internet restrictions.

After her May visit to the country, UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism Fionualla Ni Aolain expressed deep concern at the use of counterterrorism and extremism laws to target, marginalize, and criminalize the work of civil society. “Nonviolent criticism of State policies can effectively constitute a criminal offense,” she wrote, “as the provisions on extremism and terrorism have been applied to criminalize the peaceful exercise of freedom of expression and of thought, which is incompatible with a society governed by rule of law and abiding by human rights principles and obligations.”

Journalists and media outlets exercised self-censorship to avoid pressure by the government. The law provides for additional measures and restrictions during “social emergencies,” defined as “an emergency on a certain territory caused by contradictions and conflicts in social relations that may cause or have caused loss of life, personal injury, significant property damage, or violation of conditions of the population.” In these situations, the government may censor media sources by requiring them to provide their print, audio, and video information to authorities 24 hours before issuance or broadcasting for approval. Political parties and public associations may be suspended or closed should they obstruct the efforts of security forces. Regulations also allow the government to restrict or ban copying equipment, broadcasting equipment, and audio and video recording devices and to seize temporarily sound-enhancing equipment.

Freedom of Expression: The government limited individual ability to criticize the country’s leadership, and regional leaders attempted to limit criticism of their actions in local media. The law prohibits insulting the president or the president’s family, and penalizes “intentionally spreading false information” with fines of up to 12.63 million tenge ($32,793) and imprisonment for up to seven years.

In May the Almaty City Court rejected the appeal of Almat Zhumagulov and Kenzhebek Abishev, who were sentenced to eight and seven years’ imprisonment respectively in December 2018 on charges of advocating for terrorism. Supporters and human rights advocates called the case against them politically motivated and asserted that the video of masked figures calling for jihad that served as the primary evidence for their conviction was fabricated by the government. Zhumagulov was a supporter of the banned DCK opposition organization. Abishev, who denied any connection to DCK, was an advocate for land reform and other political issues.

On April 21, authorities arrested activists Asya Tulesova and Beibarys Tolymbekov for displaying a banner with slogans urging free and fair elections during the Almaty marathon. Both were convicted of violating the law on organizing a rally and sentenced to 15 days in jail. Amnesty International recognized the activists as prisoners of conscience.

Press and Media, Including Online Media: Independent media was severely limited. Many privately owned newspapers and television stations received government subsidies. The lack of transparency in media ownership and the dependence of many outlets on government contracts for media coverage are significant problems.

Companies allegedly controlled by members of the former president Nazarbayev’s family or associates owned many of the broadcast media outlets that the government did not control outright. According to media observers, the government wholly or partly owned most of the nationwide television broadcasters. Regional governments owned several frequencies, and the Ministry of Information and Social Development distributed those frequencies to independent broadcasters via a tender system.

All media are required to register with the Ministry of Information and Social Development, although websites are exempt from this requirement. The law limits the simultaneous broadcast of foreign-produced programming to 20 percent of a locally based station’s weekly broadcast time. This provision burdened smaller, less-developed regional television stations that lacked resources to create programs, although the government did not sanction any media outlet under this provision. Foreign media broadcasting does not have to meet this requirement.

Violence and Harassment: Independent journalists and those working in opposition media or covering stories related to corruption and rallies or demonstrations reported harassment and intimidation by government officials and private actors. On July 22, a group of 20 women interfered with the work of and attacked journalists who were covering a news conference at the Kazakhstan International Bureau for Human Rights and Rule of Law in Almaty. They entered the building before a press conference regarding three women arrested on charges of participation in the DCK banned opposition movement, including Oksana Shevchuk. Five of the women punched and attacked a journalist and others destroyed or attempted to destroy the journalists’ equipment. Police determined the incident was “arbitrary behavior” and did not press charges.

Radio Free Europe/Radio Liberty reporters Saniya Toiken and Svetlana Glushkova were separately taken to court in cases that human rights defenders called politically motivated. Toiken had been covering protests by unemployed workers in Zhanaozen in February, and Glushkova had reported on unsanctioned rallies following the transition of presidential power in March. Glushkova was found guilty of assault for allegedly pushing a 17-year-old girl during a protest in what observers called a fabricated charge.

Censorship or Content Restrictions: The law enables the government to restrict media content through amendments that prohibit undermining state security or advocating class, social, race, national, or religious discord. Owners, editors, distributors, and journalists may be held civilly and criminally responsible for content unless it came from an official source.

By law internet resources, including social media, are classified as forms of mass media and governed by the same rules and regulations. Authorities continued to charge bloggers and social media users with criminal violations due to their online posts.

On October 15, Saryarka District Court No. 2 in Nur-Sultan sentenced civil activist Serik Zhakhin to one year of restricted movement and a two-year ban on using social media or participating in rallies for using social media to support DCK, which is banned as an extremist organization. Restricted movement is a probation-like penalty, with a curfew and other limitations. According to the court, Zhakhin posted information about DCK on his Facebook page. The court also ordered that he pay a fine of 20,250 tenge ($53) and perform community service. Zhakhin denied the allegations and said he was not an extremist. Zhakhin had been under pretrial detention from June 7 until his release on restricted movement.

In September 2018 Ablovas Jumayev received a three-year prison sentence on conviction of charges of inciting social discord because he posted messages critical of the government to a 10,000-member Telegram messenger group and allegedly distributed antigovernment leaflets. Jumayev denied the leafleting charges, stating that the leaflets were planted in his car. On Telegram, he had criticized the president’s appointment of a regional police chief. On July 29, a court ruled to change Jumayev’s sentence to restricted movement and a restriction on political activism, and released him.

Libel/Slander Laws: The law provides enhanced penalties for libel and slander against senior government officials. Private parties may initiate criminal libel suits without independent action by the government, and an individual filing such a suit may also file a civil suit based on the same allegations. Officials used the law’s libel and defamation provisions to restrict media outlets from publishing unflattering information. Both the criminal and civil codes contain articles establishing broad liability for libel and slander, with no statute of limitation or maximum amount of compensation. The requirement that owners, editors, distributors, publishing houses, and journalists prove the veracity of published information, regardless of its source, encouraged self-censorship at each level.

The law includes penalties for conviction of defamatory remarks made in mass media or “information-communication networks,” including heavy fines and prison terms. Journalists and human rights activists feared these provisions would strengthen the government’s ability to restrict investigative journalism.

On September 24, the Saryagash City Court sentenced journalist Amangeldy Batyrbekov to two years and 10 months imprisonment on charges of libel. Batyrbekov published a post on his personal social media page with the title “Idiocy in Kelesi,” criticizing the head of the local department of education. The court determined that the Batyrbekov’s post insulted the honor of the official. Domestic NGO Adil Soz called Batyrbekov a “prisoner of freedom of speech,” and international NGO Reporters Without Borders included him on its 2019 list of imprisoned journalists.

National Security: The law criminalizes the release of information regarding the health, finances, or private life of the president, as well as economic information, such as data on mineral reserves or government debts to foreign creditors. To avoid possible legal problems, media outlets often practiced self-censorship regarding the president and his family.

The law prohibits “influencing public and individual consciousness to the detriment of national security through deliberate distortion and spreading of unreliable information.” Legal experts noted the term “unreliable information” is overly broad. The law also requires owners of communication networks and service providers to obey the orders of authorities in case of terrorist attacks or to suppress mass riots.

The law prohibits publication of any statement that promotes or glorifies “extremism” or “incites discord,” terms that international legal experts noted the government did not clearly define. The government subjected to intimidation media outlets that criticized the president; such intimidation included law enforcement actions and civil suits. Although these actions continued to have a chilling effect on media outlets, some criticism of government policies continued. Incidents of local government pressure on media continued.

In March authorities brought charges against Serikzhan Bilash, who led the Chinese ethnic Kazakh advocacy organization Atajurt, for inciting interethnic hatred. The basis for the charge was a video clip in which Bilash called for “jihad” against the Chinese. Bilash and his supporters said that in the full speech he immediately clarified that he meant not a violent jihad, but an informational campaign–a “jihad of words.” Faced with the likelihood of a long prison sentence, Bilash pled guilty to the offense August 16 and agreed to cease his activism, in exchange for his freedom.

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The law provides for limited freedom of assembly, but there were significant restrictions on this right. The law defines unsanctioned gatherings, public meetings, demonstrations, marches, picketing, and strikes that upset social and political stability as national security threats.

The law includes penalties for organizing or participating in illegal gatherings and for providing organizational support in the form of property, means of communication, equipment, and transportation, if the enumerated actions cause significant damage to the rights and legal interests of citizens, entities, or legally protected interests of the society or the government.

By law organizations must apply to local authorities at least 10 days in advance for a permit to hold a demonstration or public meeting. Opposition figures and human rights monitors complained that complicated and vague procedures and the 10-day notification period made it difficult for groups to organize public meetings and demonstrations and noted local authorities turned down many applications for demonstrations or only allowed them to take place outside the city center.

During and just after the presidential election from June 9-13, police detained thousands of citizens across the country, and in particular in Nur-Sultan, Almaty, and Shymkent, for taking part in peaceful, although unsanctioned opposition rallies and demonstrations critiquing the presidential election. The Interior Ministry reported detention of about 4,000 citizens, 3,000 of whom were released within three hours; 677 citizens were sentenced to short-term imprisonments (five to 15 days) and 305 were fined. According to human rights activists and media, police and special forces indiscriminately detained those in the protest areas, sometimes with bodily force, including passers-by, senior citizens, and journalists. An Interior Ministry official called the protesters “radically-minded elements trying to destabilize public order.”

Latvia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and the law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press and judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The government legally restricts racial and ethnic incitement, denial, or glorification of crimes against humanity, and certain war crimes.

Freedom of Expression: Although the law generally provides for freedom of speech, it criminalizes incitement to racial or ethnic hatred and the spreading of false information about the financial system. The law forbids glorifying or denying genocide, crimes against humanity, and war crimes against the country perpetrated by the Soviet Union or Nazi Germany. Violation of these provisions can lead to a five-year prison sentence, community service, or a fine. There are also restrictions on speech deemed a threat to the country’s national security. The law criminalizes nonviolent acts committed against the state or that challenge its “independence, sovereignty, territorial integrity, or authority.”

As of October authorities investigated individuals for inciting national, ethnic, or racial hatred, but issued no indictments.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views with few restrictions. The law requires that 65 percent of all television broadcast time in national and regional electronic media be in Latvian or be dubbed or subtitled. Extensive Russian-language programming was also available in all national and local media. Restrictions on speech that incites racial hatred, spreads false information about the financial system, or glorifies or denies genocide, crimes against humanity, or crimes against the country by the Soviet Union or Nazi Germany also apply to print and broadcast media, the publication of books, and online newspapers and journals.

Electronic media are legally required to present news and current affairs programs with due accuracy and impartiality. All companies, including the media and other publishers, are required to disclose their ownership, and this data is publicly available. Electronic mass media are required to disclose their ultimate beneficiaries and report any changes to the media regulator. NGOs stated that opaque ownership of many of the largest media outlets posed a threat to media independence and transparency.

The Latvian Journalists Association expressed concern about local newspapers’ independence and viability. Some municipalities provided funding to local newspapers in exchange for editorial control, or even published their own newspapers to drive independent competitors out of business.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The constitution and the law provide for freedom of peaceful assembly. The government generally respected this right, but there are some restrictions. Organizers of demonstrations typically must notify authorities 10 days in advance. Authorities can approve demonstrations within 24 hours if longer advance notice is “reasonably impossible.” Officials may deny or modify permits to prevent public disorder.

Lebanon

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and stipulates that restrictions may be imposed only under exceptional circumstances. The government generally respected this right, but there were some restrictions, particularly regarding political and social issues.

Freedom of Expression: Individuals were generally free to criticize the government and discuss matters of public interest; however, several legal restrictions limited this right. The law prohibits discussing the dignity of the president or insulting him or the president of a foreign country. The military code of justice prohibits insulting the security forces, and the Military Court prosecuted civilians under this statute.

Press and Media, Including Online Media: The 1962 Publications Law regulates print media. The law holds journalists responsible for erroneous or false news; threats or blackmail; insult, defamation, and contempt; causing prejudice to the president’s dignity; insulting the president or the president of a foreign country; instigation to commit a crime through a publication; and sectarian provocation. The law further contains detailed rules governing the activities of printing houses, press media, libraries, publishing houses, and distribution companies. This law provides rules and conditions for becoming a journalist and for obtaining licenses for new publications. It also prohibits the press from publishing blasphemous content regarding the country’s officially recognized religions or content that may provoke sectarian feuds.

There was uncertainty regarding which legal framework is applicable to online news sites in the country. No specific laws regulate online speech. The penal code, however, contains a number of speech offenses, such as defamation of public officials, public entities, and individuals. Accordingly, authorities are able to prosecute individuals, journalists, and bloggers for what they express online.

On March 11, the Military Court sentenced al-Jadeed TV correspondent Adam Chamseddine in absentia to three months in prison for criticizing the GDSS in a Facebook post. On April 12, a military judge ruled that, because Chamseddine is a journalist, the Military Court did not have jurisdiction over the case and returned the file to the military prosecutor who subsequently dropped all charges. Authorities heard these cases in both civil and military courts; they generally carried sentences of between one and three years in prison, although typically they resulted in fines.

The law governing audiovisual media bans live broadcasts of unauthorized political gatherings and certain religious events, as well as any broadcast of “any matter of commentary seeking to affect directly or indirectly the well-being of the nation’s economy and finances, material that is propagandistic and promotional, or promotes a relationship with Israel.” Media outlets must receive a license from the Council of Ministers to broadcast any type of political news or programs. The law prohibits broadcasting programs that harm the state or its relations with foreign countries or have an effect on the well-being of such states. The law also prohibits the broadcast of programs that seek to harm public morals, ignite sectarian strife, or insult religious beliefs.

Violence and Harassment: Journalists continued to face intimidation and harassment. Political friction and tension led some outlets to fear entering certain “politically affiliated” areas to report without removing brandings and logos identifying the outlets. For example, MTV reporters have been known to remove their outlet’s logo when entering Hizballah-affiliated areas. Outlets that sought to report in areas under control of Hizballah were required to obtain special permission from Hizballah’s media arm.

Authorities continued to prosecute online, print, and television journalists for violations of the country’s publications law. NGOs and media watchdogs claimed such prosecutions were efforts to intimidate critics. Prosecutors sometimes referred these cases to criminal courts based on both private complaints and their own discretion, but more often they referred such cases to the Publications Court. Publications Court cases typically remained open for a year or more and typically ended with fines or dismissal.

Censorship or Content Restrictions: Authorities selectively applied elements of the law that permit censorship of pornographic material, political opinion, and religious material considered a threat to national security or offensive to the dignity of the head of state or foreign leaders. The DGS may review and censor all foreign newspapers, magazines, and books to determine admissibility into the country, but these reviews are mostly for explicit, pornographic content. Some journalists reported that political violence and extralegal intimidation led to self-censorship.

On September 18, the president of the Lebanese University, Fouad Ayoub, had the judiciary request on his behalf that at least 20 media outlets remove all news and media reports related to him from their websites in an apparent attempt to edit his appearance on search engines. Media outlets were still determining their responses as of December 19.

The law includes guidelines regarding materials deemed unsuitable for publication in a book, newspaper, or magazine. Any violation of the guidelines could result in the author’s imprisonment or a fine. Authors could publish books without prior permission from the DGS, but if the book contained material that violated the law, including material considered a threat to national security, the DGS could legally confiscate the book and put the author on trial. Publishing without prior approval a book that contained unauthorized material could put the author at risk of a prison sentence, fine, and confiscation of the published materials.

Authorities from any of the recognized religious groups could request that the DGS ban a book. The government could prosecute offending journalists and publications in the publications court. According to NGOs, as of September each of the 30 book-banning cases the government registered in the publications court in 2017–mainly from libel suits filed by politicians, political parties, and private citizens–was in the process of being resolved. Authorities occasionally also referred such cases to criminal courts, a process not established in law.

Libel/Slander Laws: In most cases criminal courts heard libel and defamation complaints, which can carry sentences of one to three years but typically resulted in fines or a promise to remove offending material from the internet. NGOs and activists reported increased prosecutions under such laws, and political figures or their representatives filed several complaints against critics throughout the year. Human rights NGO ALEF (Association Libanaise pour l’Education et la Formation) reported that in several dozen cases this year, criminal defamation suits were filed against journalists, bloggers, political activists, and private citizens, including for posting their opinions in WhatsApp groups or on Facebook. While these cases rarely, if ever, resulted in prolonged detentions or jail sentences, interrogations by police and lengthy, expensive trials created a chilling effect on political speech.

Following publication of intentionally provocative articles on September 12 that criticized President Aoun and sarcastically suggested that Iranian Supreme Leader Ayatollah Ali Khamenei is the true leader of Lebanon, editors of the newspaper Nidaa al-Watan were summoned to appear before the Office of the Prosecutor General for the State on charges of defamation of the president. On September 20, the case was referred to the Publications Court. On November 21, the editor was found not guilty.

Private citizens may file criminal complaints, which the law requires an investigating judge to consider, and many defamation cases were initiated via the allegations of private citizens. Politicians at times responded to allegations of wrongdoing leveled at them by filing criminal complaints alleging defamation. The military justice code also prohibits defamation of the army.

The ISF Cybercrimes Bureau reported that, as of May 15, they had received referrals of 432 defamation cases for investigation. The Cybercrimes Bureau reportedly investigated 1,451 defamation cases in 2018, an increase of 81 percent from 2017. In November Human Rights Watch reported a 325 percent increase in the number defamation cases investigated by authorities and noted prison sentences against at least three individuals in defamation cases between 2015 and 2019. On October 5, four lawyers filed a complaint against the Economist, accusing the magazine of damaging the country’s reputation and insulting the Lebanese flag in its article reporting on the country’s dollar shortage that was published the same day.

On May 13, the GDSS arrested social media activist Rasheed Jumblatt and detained him for four days over a Facebook video post that allegedly included provocative and sectarian comments and insults against Foreign Minister Gebran Bassil. Jumblatt was subsequently released after charges were dropped.

Nongovernmental Impact: Political and religious figures sometimes sought to rally public outcry aimed at inhibiting freedom of expression and the press, including through coercion and threats of violence. This included public statements by some political and religious figures calling for the cancellation of a concert by local indie rock band Mashrou’ Leila due to threats of violence or content of the band’s music they perceived as offensive (see Academic Freedom and Cultural Events).

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these freedoms.

Freedom of Peaceful Assembly

The constitution provides for the freedom of peaceful assembly with some conditions established by law. Organizers are required to obtain a permit from the Interior Ministry three days prior to any demonstration.

Security forces occasionally intervened to disperse demonstrations, usually when protesters caused property damage or clashes broke out between opposing protesters. Security forces generally allowed demonstrators to protest peacefully during large, widespread protests that began October 17. Security forces predominantly demonstrated restraint and professionalism in interactions with protesters. The ISF occasionally used tear gas and rubber bullets to disperse protesters who authorities alleged were engaging in violence or vandalism, and the LAF in some instances used nonlethal force to disperse protesters who resisted LAF efforts to clear key thoroughfares. Human Rights Watch reported security forces used excessive force against protesters as well as intimidating and, in some cases, beating those attempting to film abuses. On November 1, ISF officers arrested and allegedly beat Salim Ghadban, a protester who had objected to the officers arresting four protesters occupying the Banks Association building in downtown Beirut. Ghadban was taken into temporary custody overnight at el-Helou police station where he was reportedly unable to contact an attorney, his family, or a physician.

Amnesty International reported that on October 26 the LAF used live ammunition fired in the air to disperse protesters blocking a main road in the northern area of Beddawi, which resulted in the alleged wounding of two protesters. During the same incident, five officers were injured. As of November a military court was investigating the incident. Following Prime Minister Hariri’s October 29 resignation, security forces, under increasing pressure from political leaders and the public, began to clear main roads but otherwise allowed demonstrators to peacefully assemble. Some protesters were detained after altercations with security forces, and as of November 19, at least five protesters who had previously been involved in unrelated criminal activity were referred to the judiciary for investigation. On November 12, a LAF bodyguard opened fire from inside a military vehicle attempting to pass through protesters blocking a road in Khaldeh, killing one protester. The LAF arrested the shooter and an investigation into the incident continued as of December 19. Altercations between protesters and supporters of nonstate actor Hizballah occurred sporadically during the protests, and security forces attempted to separate the conflicting groups with varying levels of success. Confrontations escalated into violence the night of November 25, when Hizballah and Amal supporters on motorcycles threw rocks and intimidated protesters in Beirut and opened fire on protesters and destroyed tents in Tyre. Human Rights Watch reported on November 8 that more than three dozen protesters asserted they had seen or were victims of violent attacks, including in Beirut, Bint Jbeil, Nabatieh and Sour, and that security forces failed to intervene to protect them.

Protesters clashed with ISF riot police on the evenings of December 14 and 15 in Beirut, producing the largest numbers of protest-related injuries to both protesters and security forces recorded during the year. Amnesty International on December 19 reported the Lebanese Civil Defense said it had treated 72 individuals for injuries at the scene and that 20 ISF members were taken to the hospital on December 14. Amnesty International denounced the presence of masked men in civilian clothing who allegedly attacked protesters. A Lebanese lawyer filed a formal complaint with the UN Human Rights Council.

Lithuania

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including of the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The constitutional definition of freedom of expression does not permit slander; disinformation; or incitement to violence, discrimination, or national, racial, religious, or social hatred. Inciting hatred against a group of persons is punishable by imprisonment for up to two years. Inciting violence against a group of persons is punishable by imprisonment for up to three years.

It is a crime to deny or “grossly to trivialize” Soviet or Nazi German crimes against the country or its citizens, or to deny genocide, crimes against humanity, or war crimes.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. They are subject to the same laws that prohibit hate speech and criminalize speech that grossly trivializes international and war crimes.

It is illegal to publish material that is “detrimental to minors’ bodies or thought processes” or that promotes the sexual abuse and harassment of minors, sexual relations among minors, or “sexual relations.” Human rights observers continued to criticize this law. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups claimed that it served as a rationale for limiting LGBTI awareness-raising efforts and that agencies overseeing publishing and broadcast media took prejudicial action against the coverage of stories with LGBTI themes.

Censorship or Content Restrictions: On April 26, parliament amended the Law on the Provision of Information to the Public granting the Radio and Television Commission of Lithuania (LRTK) the right to impose a 72-hour suspension on television programs that posed a threat to public and national security. The LRTK may impose this suspension without a court order on television programs from countries both within and outside the EU, the European Economic Area, and from European states that ratified the Council of Europe’s Convention on Transfrontier Television.

Libel/Slander Laws: The law makes insulting or defaming the president of the country in mass media a crime punishable by a fine. Authorities did not invoke it during the year.

b. Freedoms of Peaceful Assembly and Association

The government generally respected the freedoms of peaceful assembly and association, with the exception of some organizations associated with the Soviet period.

Mexico

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Most newspapers, television stations, and radio stations were privately owned. The government had minimal presence in the ownership of news media but remained a significant source of advertising revenue for many media organizations, which at times influenced coverage. Media monopolies, especially in small markets, could constrain freedom of expression.

Violence and Harassment: Journalists were killed or subject to physical and cyberattacks, harassment, and intimidation (especially by state agents and transnational criminal organizations) in response to their reporting. This limited media’s ability to investigate and report, since many of the reporters who were killed covered crime, corruption, and local politics. According to the NGO Committee to Protect Journalists, as of August 31, 10 journalists had been killed because of their reporting.

Perpetrators of violence against journalists acted with impunity. According to the NGO Article 19, as of February the impunity rate for crimes against journalists was 99 percent. In 2018 there were 544 attacks against journalists, according to Article 19. Since its creation in 2010, the Office of the Special Prosecutor for Crimes Against Journalists (FEADLE), a unit in the Attorney General’s Office, secured only 10 convictions for various related crimes, and only one for murder, in the 1,077 cases it investigated. Only 16 percent of the cases FEADLE investigated were taken to court. As of September, FEADLE had not opened any new cases, reportedly in an effort to focus on bringing existing investigations to trial.

Government officials believed organized crime to be behind most of the attacks against journalists, but NGOs asserted there were instances when local government authorities participated in or condoned the acts. According to Article 19, in 2018, 42 percent of physical attacks against journalists originated with public officials. Although 75 percent of those came from state or local officials, federal officials and members of the armed forces were also suspected of being behind 7 percent of attacks against journalists.

There were no developments in the 2017 killing of Miroslava Breach, a prominent newspaper correspondent who reported on organized crime and corruption. In March, Undersecretary for Human Rights Alejandro Encinas stated the federal government was “aiding” the state prosecutor in the case, ultimately affirming it would remain with state prosecutors.

In January the UN Human Rights Committee declared the government responsible for violating journalist Lydia Cacho’s human rights, including subjecting her to acts of torture in 2005 after she exposed government corruption and a pedophile ring, and for shortcomings in the investigation. In response, on April 11, FEADLE issued arrest warrants against former Puebla governor Mario Marin Torres, Kamel Nacif, Juan Sanchez Moreno, and Hugo Adolfo Karam for their role as masterminds of the acts of torture against Cacho. As of September all four remained fugitives. In July, two assailants entered Cacho’s home, poisoned her dogs, and stole research material–including 10 hard drives containing information on pedophile rings, both the one she exposed in 2005 and a new case she was working on. Article 19 referred to the incident as “an act of reprisal for her work as a defender of free speech.”

In August, Cacho fled the country due to fear for her safety, declaring herself “in a situation of forced displacement.” Article 19 stated, “Lydia Cacho was forced to leave the country in the face of not receiving the minimal conditions of security to carry out her job and continue the process of seeking justice for her arbitrary detention and torture perpetrated in 2005.”

Between 2012 and September 2019, the National Mechanism to Protect Human Rights Defenders and Journalists received 976 requests for protection for journalists and human rights defenders. Since 2018 five journalists with protective measures from the Mechanism were killed, including two during the year. In January, Rafael Murua, under Mechanism protection, was shot and killed in Baja California Sur. Police arrested three individuals in connection with the case. In May journalist Francisco Romero was beaten, shot, and killed in Quintana Roo. He had received threats–including from local police–after exposing corruption of local authorities. Both victims had government-issued panic buttons. After these killings, the OHCHR representative in Mexico, Jan Jarab, said the Mechanism merited a “deep reflection” and added, “These cases show that violence against human rights defenders and journalists is deeply rooted and structural changes are needed.”

Censorship or Content Restrictions: Human rights groups reported some state and local governments censored the media. Journalists reported altering their coverage due to a lack of protection from the government, attacks against members of the media and newsrooms, and threats or retributions against their families, among other reasons. There were reports of journalists practicing self-censorship due to threats from criminal groups and government officials.

In March 2018 Article 19 reported the government, despite reductions in its advertising budgets, continued to have a strong financial impact and influence on the largest media companies.

Libel/Slander Laws: There are no federal criminal laws against defamation, libel, or slander; however, eight states have criminal laws on these acts. In Baja California Sur, Guanajuato, Michoacan, Nayarit, Nuevo Leon, and Yucatan, the crime of defamation is prosecuted, with penalties ranging from three days to five years in prison and fines ranging from five to 500 days of minimum salary for committing defamation or slander, both considered “crimes against honor.” Slander is punishable under the criminal laws of the states of Campeche, Colima, Guanajuato, Hidalgo, Michoacan, Nayarit, Nuevo Leon, Sonora, Yucatan, and Zacatecas with sentences ranging from three months to six years in prison and monetary fines. Five states have laws that restrict the publishing of political caricatures or “memes.” These laws were seldom applied.

In May the Supreme Court struck down a law in the state of Nayarit penalizing slander. The court ruled the law violated freedom of expression.

Nongovernmental Impact: Organized criminal groups exercised a grave and increasing influence over media outlets and reporters, threatening individuals who published critical views of crime groups. Concerns persisted about the use of physical violence by organized criminal groups in retaliation for information posted online, which exposed journalists, bloggers, and social media users to the same level of violence faced by traditional journalists.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. There were some reports of security forces using excessive force against demonstrators. Twelve states have laws that restrict public demonstrations.

Morocco

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law generally provide for freedom of expression, including for the press, although they criminalize and restrict some freedom of expression in the press and social media–specifically criticism of Islam, the institution of the monarchy, or the government’s positions regarding territorial integrity and Western Sahara. Such criticism can result in prosecution under the penal code, with punishments ranging from fines to prison time, despite the freedom of expression provided for in the 2016 press code. The press code applies only to journalists accredited by the Ministry of Communication for speech or publications in the line of work; private speech by accredited journalists remains punishable under the penal code. According to the Freedom House 2019 Freedom in the World report, the press in Morocco enjoys a significant degree of freedom when reporting on economic and social policies, but authorities used an array of financial and legal mechanisms to punish critical journalists. International and domestic human rights groups criticized criminal prosecutions of journalists and publishers as well as libel suits, claiming that the government principally used these laws to restrict independent human rights groups, the press, and social media.

Freedom of Expression: The law criminalizes criticism of Islam, of the legitimacy of the monarchy, of state institutions, of officials such as those in the military, and of the government’s positions regarding territorial integrity and Western Sahara. The government sometimes prosecuted persons who expressed criticism on these topics. HRW reported during the year that the government demonstrated increasing intolerance of public dissent, particularly pf persons who were critical of the monarchy, state authorities, or Islam. According to government figures, 22 individuals were specifically charged for criminal speech, including defamation, slander, and insult (see Libel/Slander Laws and National Security).

On April 19, the al-Hoceima Court of Appeals increased the sentence for defense lawyer for Hirak protesters Abdessadek El Bouchtaoui from 20 to 24 months in prison and sustained a 500 dirhams ($50) fine for insulting officials and representatives of authority while on duty, undermining the authority of justice, incitement to commit crimes, public incitement via Facebook to participate in unauthorized protests and crimes, and participation in unauthorized protests. According to Amnesty International, the government’s charges were based on 114 posts on El Bouchtaoui’s Facebook account and comments he made on national media criticizing the security forces’ use of force against Hirak protesters. El Bouchtaoui fled Morocco prior to the Appeals Court sentence in February 2018, and after more than a year in exile on February 13, France issued political asylum to Bouchtaoui, his wife, and three children. In April the Tetouan Court of Appeals also suspended El Bouchtaoui’s legal license for two years.

On March 27, a court of first instance convicted four individuals to a six-month suspended prison sentence and fine of 10,000 dirhams ($1,000) for publishing information from a parliamentary committee under the new access to information law that came into force during the year. The individuals reported publishing the information because of concerns over corruption by elected officials.

On November 25, the Sale Court of First Instance sentenced Moroccan rapper Mohamed Mounir to one year in prison and a fine of 1,000 dirhams ($100) for insulting police via a live social media feed posted in late October. The rapper confessed to the crime, stating his post came after two police officers assaulted him during a stop in mid-October to check his identity papers. Although Mounir was convicted for those online comments, his defense team, AMDH, and Amnesty International attributed his arrest and prosecution instead to a controversial rap video, titled “Long Live the People,” released on YouTube three days prior to the arrest. The defense planned to appeal the sentence at year’s end.

Press and Media, Including Online Media: Independent media, as well as partisan media, were active and expressed a variety of views within the restrictions of the law. The press code limits punishments for accredited journalists to fines. As of July 30, no journalists were prosecuted under the press code during the year, compared with two in 2018. According to the Ministry of Justice, Hajar Raissouni, Taoufiq Bouachrine (see section 1.d.), and Hamid al-Mahdaoui (see section 1.c.) are accredited journalists who were in prison during the year for criminal acts the government claimed were outside of their role as journalists. According to authorities, 22 individuals faced charges during the year for defamation, slander, or blasphemy.

Journalists continued to denounce the cumbersome administrative procedures and the long wait times to receive accreditation under the press code. Some members of the press claimed that journalists from outlets close to the government and palace received their credentials sooner than journalists from independent outlets. They claimed journalists waiting for their credentials had to operate without a press card in an ambiguous legal status, as the protections of the press code are only available to accredited journalists.

The government also enforced strict procedures governing journalists’ meetings with NGO representatives and political activists. Foreign journalists needed, but did not always receive, approval from the Ministry of Communication before meeting with political activists.

The trial for seven members of the Moroccan Association for Investigative Journalism, including Hicham Mansouri, Maati Monjib, and Hisham Almiraat, has been repeatedly postponed since 2015; the individuals had not been sentenced at year’s end. According to the Ministry of Justice, Mansouri, Monjib, and Almiraat were suspected of accepting foreign funds intended for acts threatening the internal security and territorial integrity of the country. The seven individuals were charged for posing a threat to the internal security of the country, fraud, managing an association exercising unauthorized acts, and accepting unauthorized foreign funds. The seven remained free but reported hardships due to the open case.

Violence and Harassment: Authorities subjected some journalists to harassment and intimidation, including attempts to discredit them through harmful rumors about their personal lives. Journalists reported that selective prosecutions served as a mechanism for intimidation. According to Reporters without Borders, the government intimidated activists and journalists, often putting them on trial for matters seemingly unrelated to journalism or political activities.

On September 30, the Rabat Court of First Instance sentenced journalist Hajar Raissouni to a 500 dirham ($50) fine and one year in prison for a presumed illegal abortion and premarital sex, charges the defense and Amnesty International denounced as lacking medical evidence. Police arrested Raissouni at a doctor’s clinic in Rabat, along with her fiance, gynecologist, anesthesiologist, and nurse. Raissouni claims that while she was held in custody, police forced her to undergo a physical examination against her will and questioned her about her family ties and journalism, particularly her writing on the Hirak movement. Raissouni told reporters she believes she was targeted because of her critical reporting and family connections to the Justice and Development Party. Reporters without Borders called the case an example of “profoundly unjust” persecution of a journalist. Raissouni and codefendants received a royal pardon on October 16 before the case moved to an appellate court.

According to media reports, authorities expelled multiple international journalists during the year because they lacked valid permits. The government stated that foreign media representatives who comply with local laws are allowed to perform their duties without interference and that allegations that authorities expelled foreign journalists were unsubstantiated.

In July and October, the Committee to Protect Journalists (CPJ) reported that several local journalists believed they were under surveillance. For example, some journalists stated at times their private conversations were publicized without their consent in an apparent attempt by the state to discredit their reporting. The CPJ also reported that some journalists jailed during the Rif protests in 2016 to 2017 reported authorities had referenced private WhatsApp messages while questioning them under detention.

Censorship or Content Restrictions: Self-censorship and government restrictions on sensitive topics remained serious hurdles to the development of a free, independent, and investigative press. Publications and broadcast media require government accreditation, and the government may deny and revoke accreditation as well as suspend or confiscate publications that breach public order or criticize Islam, the institution of the monarchy, or the government’s positions on territorial integrity. The press code lists threats to public order as one of the criteria for censorship. While the government rarely censored the domestic press, it exerted pressure through written and verbal warnings and by pursuing legal cases that resulted in heavy fines and suspended publication. Such cases encouraged editors and journalists to self-censor. The government denied restricting content on media outlets.

Libel/Slander Laws: The press code includes provisions that permit the government to impose financial penalties on accredited journalists and publishers who violate restrictions related to defamation, libel, and insults. A court may impose a prison sentence if an accredited journalist is unable or unwilling to pay the fine.

Individuals who were not registered as journalists may be charged for defamation, libel, and slander under the criminal code, as can accredited journalists for their private actions.

National Security: The antiterrorism law provides for the arrest of individuals, including journalists, and filtering websites deemed to “disrupt public order by intimidation, terror, or violence.”

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The law provides for the right of peaceful assembly. The government generally allowed authorized and unauthorized peaceful demonstrations to occur. Under the law, groups of more than three persons require authorization from the Ministry of Interior to protest publicly. Security forces intervened on occasion to disband both authorized and unauthorized protests when officials deemed the demonstration a threat to public security.

Some NGOs complained that authorities did not apply the approval process consistently and used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. According to HRW’s World Report 2019, police allowed many protests demanding political reform and protesting government actions, but often forcibly dispersed peaceful protests, arrested protestors and protest leaders, or prevented demonstrations from occurring. According to the government, there were an average of 20,000 demonstrations per year. While most protests proceeded peacefully, on several occasions, violence erupted between protestors and police.

Security forces were generally present both in and out of uniform at protests, particularly if the protest was expected to address a sensitive issue. In general, officers were under orders to observe and not intervene, unless the demonstration became unruly, threatening to bystanders, or overflowed into public highways. In those cases, under standard operating procedures, officers were required to give the crowd three warnings that force would be used if they did not disperse. Security forces would then attempt to force protestors to leave the area, using riot shields to push standing protestors into a designated area or carrying seated protestors to the designated area. If such lower-level tactics failed, security forces may escalate to the use of batons, water cannons, or tear gas to clear the area and restore order.

Security force tactics did not differ significantly whether the protest was authorized or unauthorized, although the decision on whether to intervene sometimes depended on whether the protest was authorized. According to the government, if officers intervened in a protest, a police judiciary officer not involved in the intervention and under the supervision of the attorney general must produce a statement documenting the circumstances of the case, the number of victims, and the material damage due to the operation. The police judiciary officer must address the statement to the Attorney General’s Office with a copy to the governor of the territorial jurisdiction where the incident transpired. The government organized ongoing training on human rights-based methods to manage crowds throughout the year.

In 2017, after two brothers who had been mining illegally were found dead inside a coal pit in the northeast province of Jerada, it sparked more than 300 protests over social disparities, economic grievances, and unemployment. According to the government, 67 individuals arrested were sentenced to prison for terms ranging from one to five years for destruction of public goods, incitement to commit crimes, or involvement in unauthorized protests. According to authorities, on the occasion of Eid al-Fitr in June, the king pardoned all prisoners associated with the Jerada protests.

In April the Casablanca Court of Appeals sustained a court of first instance ruling against protest leader Nasser Zefzafi and 41 other members of the Hirak protest movement in the Rif. Four detainees, including Zefzafi, were sentenced during the year to 20 years’ imprisonment on charges including threatening national security. At least one of the convicted individuals appealed the sentence to the Court of Cassation. Other sentences varied from 15 years’ imprisonment to suspended sentences and fines. According to the government, authorities implicated 578 persons in crimes related to the Hirak protests, of whom 39 were acquitted of all charges in 2018. With the exception of one remaining pretrial detainee, the rest were prosecuted and sentenced by the al-Hoceima’s Court of First Instance as of October. During the year the king pardoned 68 of the prisoners; Zefzafi was not included in the pardons.

Amnesty International reported public authorities interrupted a sit-in organized to take place on April 10 in Rabat. The NGO submitted the required notice of the event to authorities. Amnesty International reported the incident to the CNDH and the Ministry of Human Rights via written correspondence. According to an initial response from the ministry, Amnesty International’s complaint was forwarded to the Ministry of Interior on April 25. The NGO had not received a response from the Ministry of Interior by year’s end.

Netherlands

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the governments throughout the kingdom generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: It is a crime “verbally or in writing or image deliberately to offend a group of people because of their race, their religion or beliefs, their sexual orientation, or their physical, psychological, or mental disability.” The statute in the Netherlands does not consider statements that target a philosophy or religion, as opposed to a group of persons, as criminal hate speech. The penalties for violating the law include imprisonment for a maximum of two years, a fine of up to 8,100 euros ($8,900), or both. In Aruba the penalties for this offense are imprisonment for a maximum of one year or a fine of 10,000 Aruban florins ($5,520). In the Netherlands there are restrictions on the sale of the book Mein Kampf and the display of the swastika symbol with the intent of referring to Nazism. Legislation to decriminalize defamation of the royal family came into effect in August.

Press and Media Freedom, Including Online Media: Independent media in the kingdom were active and expressed a wide variety of views without restriction. The restrictions on “hate speech” applied to media but were only occasionally enforced. Disputes occasionally arose over journalists’ right to protect their sources.

Nongovernmental Impact: Several crime reporters and media outlets throughout the kingdom faced threats, violence, and intimidation from criminal gangs. Some reporters received permanent police protection. In June, three men were convicted for a rocket attack on the office of the weekly Panorama in Amsterdam in June 2018 and sentenced to three and four years of imprisonment. There was a similar attack at the office of the national newspaper De Telegraaf, also in June 2018. In April the prosecutor’s office, police, the Dutch Association of Journalists, and the Netherlands Society of Editors in Chief established the Safe Press registration center to facilitate journalists’ sharing their experiences of violence, threats, and intimidation with authorities. In June the Dutch Association of Journalists released a survey of 350 female journalists in which half of the respondents stated they had been exposed to violence or intimidation in their work, and 70 percent believed these conditions were a threat to freedom of the press.

b. Freedoms of Peaceful Assembly and Association

The laws in the kingdom provide for the freedoms of assembly and association, and the governments generally respected these rights.

New Zealand

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Censorship or Content Restrictions: In late March the government imposed a ban on internet and other publication of the video footage of the March 15 Christchurch terror attack, and on the attacker’s “manifesto.”

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

The government complained to the Chinese embassy following a July 29 incident at the University of Auckland in which three mainland Chinese men verbally and physically assaulted a Hong Kong student while she was at a rally in support of Hong Kong’s antiextradition law protesters. The focus of the government’s complaint was a statement issued by the Chinese consulate in Auckland praising the mainlanders’ actions as “spontaneous patriotism” and criticizing biased coverage of the Hong Kong situation.

Norway

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law prohibits “threatening or insulting anyone, or inciting hatred or repression of or contempt for anyone because of his or her: (a) skin color or national or ethnic origin; (b) religion or life stance; (c) sexual orientation or lifestyle; or (d) disability.” Violators are subject to a fine or imprisonment for not more than three years.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The prohibitions against hate speech applied also to the print and broadcast media, the publication of books, and online newspapers and journals.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Panama

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. The government generally respected this right, but journalists and media outlets noted an increase in criminal and civil libel/slander lawsuits, which they considered a threat to freedom of expression and freedom of the press.

Press and Media, Including Online Media: In July under the Cortizo administration, security guards from the National Assembly expelled a known television personality from the National Assembly media balcony to prevent her from covering a migration bill. Two days later the National Assembly budget committee met behind closed doors to avoid press coverage, which was not standard practice. Both actions resulted in complaints from opposition deputies and civil society leaders.

Libel/Slander Laws: According to local media, former president Ricardo Martinelli submitted 50 libel/slander lawsuits against local media, 26 of which were issued after he was declared not guilty on August 9 of illegal wiretapping. Reports stated Martinelli’s civil lawsuits against daily newspapers El Siglo, La Prensa, and Mi Diario included media employees whose work was not related to judicial or political reporting (editorial cartoonists and graphic designers).

In May Corprensa (which owns La Prensa and Mi Diario) was found guilty in a libel/slander lawsuit filed by former first lady Marta de Martinelli. The corporation was sentenced to pay $25,000 balboas ($25,000) in damages and 6,000 balboas ($6,000) to cover legal expenses.

On September 2, Martinelli filed a civil lawsuit against TVN Information vice president and television host Sabrina Bacal, seeking one million balboas (one million dollars) in damages for calling him a thief during a public interview.

Following these legal actions, on September 3, media associations Journalism National Council and the Journalists Forum for Freedom of Expression and Information issued a joint statement requesting the Judicial Branch and Public Ministry keep “vigilant” regarding the “growing trend to abuse the justice system, using it as a censorship, intimidation, and persecution tool against journalists and media.”

Media organizations and media leaders claimed these lawsuits hindered reporting on specific cases and individuals and were likely intended to financially damage media corporations.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Peru

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press and a functioning democratic political system generally promoted freedom of expression, including for the press. According to the Interamerican Press Society, an increase in the number of civil libel and slander lawsuits and lengthy court cases threatened freedom of expression and freedom of the press.

Violence and Harassment: Journalists alleged that police, protesters, and company personnel assaulted and threatened them while covering various protests and incidents of social unrest. In one such incident in September, police officers attacked a journalist covering protests in Puno. The Ombudsman’s Office recommended the PNP investigate the alleged assault.

Censorship or Content Restrictions: NGOs continued to report that some media, most notably in the provinces outside of Lima, practiced self-censorship due to fear of local government reprisal.

Nongovernmental Impact: Some media reported narcotics traffickers and persons engaged in illegal mining threatened press freedom by intimidating local journalists who reported on those activities.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The law does not require a permit for public demonstrations, but organizers must report the type of demonstration planned and coordinate its intended location with authorities. The government continued to suspend freedom of assembly in the VRAEM and La Pampa emergency zones, where armed elements of the Shining Path and drug traffickers operated, as well as in regions suffering from crime and public health crises.

The government may restrict or prohibit demonstrations at specific times and places to ensure public safety and health. Police used tear gas and force occasionally to disperse protesters in various demonstrations, including at a major public university. Although most demonstrations were peaceful, protests in some areas turned violent, resulting in one death and multiple injuries in May (see section 6, Other Societal Violence or Discrimination).

Philippines

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, and the government generally respected this right. Government harassment of some media outlets occurred, however, and polls suggested many Filipinos consider it dangerous to publish information critical of the administration.

Freedom of Expression: Individuals could criticize the government publicly or privately and discuss matters of general public interest. Civil society organizations, however, said that President Duterte’s public attacks on individuals and international bodies who criticized his policies had a chilling effect on free speech and expression.

Press and Media, Including Online Media: Media remained active and expressed a wide variety of views without restriction, including criticism of the government, despite critical and threatening comments from political leadership, including the president.

Journalists noted President Duterte’s tendency to single out reporters who asked tough questions had a chilling effect on their willingness to engage, in large part due to a fear of losing access.

The online news website Rappler was a target of substantial pressure, including legal and administrative actions, which some observers attributed to its critical coverage of the government. Rappler reporters and provincial correspondents are banned from presidential palace events and press briefings. In April, Rappler asked the Supreme Court to declare the coverage ban unconstitutional, and in August, 41 journalists from different media organizations joined Rapplers petition in the case.

In March, Rappler lost its appeal before the Court of Appeals (CA) against the CA’s ruling that the investment Rappler receives from U.S.-based Omidyar Network violated constitutional prohibitions on foreign control of a media company. The CA ordered the Securities and Exchange Commission (SEC) to reassess the revocation of Rapplers operating license; the SEC has yet to release the results of its review. Rappler Holdings and its president, veteran journalist Maria Ressa, were simultaneously facing a number of other court challenges stemming from the foreign investment allegation, charges that Human Rights Watch called “politically motivated” and which it described as an attempt to muzzle critics of President Duterte and his war on drugs.

On March 28, Ressa was arrested on charges related to the foreign financing issue and released later the same day after posting bail, her second arrest of the year (see “Libel/Slander Laws” below). In October a court ordered the suspension of proceedings and remanded one of the cases concerning supposed code violations back to city prosecutors citing a denial of Rapplers due process since the publisher was not initially informed of the alleged violations, thus preventing an appeal.

Violence and Harassment: Journalists continued to face harassment and threats of violence, including from politicians and government authorities critical of their reporting. Human rights NGOs frequently criticized the government for failing to protect journalists. Government authorities accused members of the National Union of Journalists of the Philippines of supporting the communist insurgency, claims the organization said were meant to intimidate and silence its members.

The Center for Media Freedom and Responsibility (CMFR), a press freedom NGO, reported the Mindanao-based radio broadcaster, Eduardo Dizon, was killed on July 10. The broadcaster’s station claimed his killing was meant to silence media personalities critical of politicians in the region. As of October, CMFR had not determined whether two other journalists’ deaths and another journalist’s shooting during the year were related to their work. According to CMFR, as of November a total of 15 journalists have been killed since President Duterte’s election in 2016, and Human Rights Watch reported that journalists and media personalities noted an increase in online harassment and threats of violence in response to articles and comments critical of the government since 2016.

In April the presidential palace disseminated a “matrix” of institutions and individuals allegedly involved in a conspiracy to discredit and oust President Duterte ahead of the May midterm elections. Among those implicated were journalists from Rappler, Vera Files, and the Philippine Center for Investigative Journalism. The incident was characterized by human rights NGOs and journalists as an attack on press freedom and the president’s opponents.

In June a survey from polling company Social Weather Stations showed that 51 percent of the country’s residents agreed with the statement: “It is dangerous to print or broadcast anything critical of the administration, even if it is the truth.” Nonetheless, the same survey found that 67 percent of the respondents agreed that “mass media in the Philippines have freedom of speech, of expression, and of the press.” Reporters Without Borders noted the government has found ways to pressure journalists who are critical of administration policies.

Censorship or Content Restrictions: The law requires broadcast franchise renewals be approved by congress; the franchise renewal of ABS-CBN, the nation’s most influential broadcast network, has remained in limbo since 2016. President Duterte claimed that the station collected money for, then did not air, his political advertisements during the 2016 election campaign, and he publicly threatened to block renewal of the network’s franchise, which expires in March 2020. Although the president later backtracked and said he would not intervene, as of October the renewal remained tied up in congress, dominated by Duterte allies.

Libel/Slander Laws: The law contains criminal penalties for libel, including, since 2012, for undefined “cyberlibel.” Authorities used criminal defamation charges, with the possibility of imprisonment and fines, to harass, intimidate, and retaliate against journalists. Until February 13, the “cyberlibel” law had not been tested in court. That day the National Bureau of Investigation (NBI) filed “cyberlibel” charges against Rappler’s CEO Ressa and a Rappler journalist. The charge stemmed from a 2017 complaint filed by prominent businessman Wilfredo Keng over a 2012 article linking him to human trafficking and drug smuggling. The NBI initially rejected the case as lacking any legal basis but subsequently recommended that the Department of Justice pursue charges against Rappler. Amnesty International and Human Rights Watch called the case “politically motivated” and “an assault on media freedom.” On February 13 Ressa was arrested, charged, and held overnight before being released on bail. Three days after the arrest, the news outlet Philippine Star took down a 2002 online article on Keng, reportedly after he “raised the possibility of legal action.” The 2002 article was a source for the 2012 Rappler piece. Media groups criticized the Philippine Star for caving to political pressure. In October the court granted Rapplers request to file a motion for case dismissal based for insufficient evidence, but the plea was denied in November, with another hearing set for December.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Poland

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press, and the government generally respected these rights.

Freedom of Expression: The law prohibits hate speech, including the dissemination of anti-Semitic literature and the public promotion of fascist, communist, or other totalitarian systems, and intentional offense of religious feelings.

Violence and Harassment: On February 14, the Katowice regional prosecutor’s office discontinued its investigation into Piotr Wacowski, a cameraman for private television news channel TVN, who was suspected of propagating fascism. The case was related to an investigative report by the journalist showing members of the Pride and Modernity Association dressed in Nazi uniforms and celebrating Hitler’s birthday in 2017. The prosecutor’s office stated it could find no evidence Wacowski had committed a crime.

Censorship or Content Restrictions: The constitution prohibits censorship of the press or social communication. Nevertheless, laws regulating broadcasting and media prohibit, under penalty of fines, license revocation, or other authorized sanctions, the promotion of activities endangering health or safety, or the promotion of views contrary to law, morality, or the common good. The law also requires that all broadcasts “respect the religious feelings of the audiences and, in particular, respect the Christian system of values.”

Critics alleged persistent progovernment bias in state television news broadcasts.

Libel/Slander Laws: Defamation by print and broadcast journalists is a criminal offense and includes publicly insulting or slandering the president, members of parliament, government ministers and other public officials, the Polish nation, foreign heads of state and ambassadors, private entities and persons, as well as insult or destruction of the national emblem, the flag, and other state symbols. Defamation outside the media is punishable by a fine and community service. The courts rarely applied maximum penalties, and persons convicted of defamation generally faced only fines or imprisonment of less than one year. The maximum sentence for insulting the president is three years’ imprisonment.

The Helsinki Foundation for Human Rights and the Association of Polish Journalists reported that journalists convicted of defamation had never received the maximum penalty. According to the association, however, the criminal defamation law may have a chilling effect on journalists, especially in local media, since local authorities may use the law against journalists. Media owners, particularly of small local independent newspapers, were aware that potentially large fines could threaten the financial survival of their publications. According to Ministry of Justice statistics for 2018, the most recent data available, courts convicted one person of insulting the president and three persons for insulting constitutional organs of the government. In 2018 the courts fined two persons for public defamation through media using the public prosecution procedure, when a private person presses criminal charges against another person. In 2018 there were 116 convictions for criminal defamation through media using the private prosecution procedure.

On November 26, the Katowice District Prosecutor’s Office discontinued its prosecutorial investigation into a historian, stemming from a 2015 newspaper interview where the historian alleged that Poles killed more Jews than Nazis in occupied Poland during World War II. The Katowice District Prosecutor’s Office stated it was not its role to settle issues of an historical nature.

On February 12, the Lodz District Court fined investigative reporter Wojciech Biedron 3,000 zloty ($762) on charges of public insult of a judge for inaccurately reporting that a court had initiated disciplinary proceedings against the judge. Several journalists criticized the judgment as overly harsh and disproportionate to the offense.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The 2015 antiterrorism law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of the prohibition of a public assembly due to an elevated terrorist threat.

In December the Warsaw District Prosecutor’s Office decided to discontinue its investigation into an attack on counterdemonstrators during the November 2017 Independence March. The office stated that continuing the case was not in the public interest and that it was unable to identify the perpetrators of the attack. On February 13, the Warsaw Regional Court struck down an earlier decision by the Warsaw District Prosecutor’s Office to discontinue the investigation and ordered the office to reopen the case. The Prosecutor’s Office had previously asserted the attackers’ intention was to show dissatisfaction and not to physically harm the 14 counterdemonstrators they confronted.

Portugal

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law criminalizes the denigration of ethnic or religious minorities, as well as Holocaust denial, as an offensive practice. Prison sentences for these crimes run between six months and eight years.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights.

Romania

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government partially respected this right. Independent media organizations noted excessive politicization of the media, corrupt financing mechanisms, and editorial policies subordinated to the former elected ruling party and owners’ interests. Reporters said their freedom of expression was also limited by restricted access to information of public interest issued by the previous government and public institutions, including expenses, contracts, or bids involving public funds, and officials’ academic records. Reporters and NGOs often had to sue state-controlled ministries, agencies, or local entities to access public information.

Freedom of Expression: The law prohibits denying the Holocaust and promoting or using the symbols of fascist, racist, xenophobic, or Legionnaire ideologies, the last being the nationalist, extremist, anti-Semitic interwar movement. Various government bodies, mainly the gendarmerie, continued to fine, place under temporary arrest, ban, or block individuals who protested in the streets against corruption, the government, the early release of inmates, or child abuse and for better health, education, and social services. When fines were challenged, some courts ruled in favor of the protesters. On May 5, in a high-profile case, the Bucharest Court rejected the gendarmerie’s appeal in the case of Ioan Duia, who is deaf and mute and was fined 2,000 lei ($500) by the gendarmerie for shouting slogans against the ruling party.

Press and Media, Including Online Media: While independent media were active and expressed a wide variety of views without overt restriction, politicians or persons with close ties to politicians and political groups either owned or indirectly controlled numerous media outlets at the national and local levels. The news and editorial stance of these outlets frequently reflected their owners’ views and targeted criticism at political opponents and other media organizations.

Violence and Harassment: Dozens of reporters throughout the country continued to be harassed, sued, or threatened by the authorities they investigated or by their proxies. On March 22, former justice minister Tudorel Toader refused to renew accreditation for private ProTV’s reporter Ovidiu Oanta and Realitatea TV’s Ionela Arcanu, both of whom covered justice issues. Toader invoked a law stating that an accreditation can be refused if the reporter “disturbs the activity of that institution.” The two journalists were known for their tough questions during his news conferences. Following NGO and independent media protests and allegations that the minister might have violated the constitution, Oanta’s accreditations were returned. Arcanu was reaccredited on May 8, after Toader left office.

On April 15, journalist Emilia Șercan, who investigated cases of plagiarism by government officials, reported that she had received death threats. She filed a criminal complaint, and on September 18, DGA prosecutors charged the former rector of the National Police Academy, Adrian Iacob, and the former deputy rector, Mihail-Petrica Marcoci, with instigating blackmail and instructing police officer Gheorghe Adrian Barbulescu to issue death threats against the reporter to stop her investigations. On December 10, Bucharest Court sentenced Barbulescu to one year in prison. Because he collaborated with prosecutors and disclosed the superiors who ordered him to issue the threats, he was not sent to jail. Instead, the court mandated that he would be monitored by the probation service for two years. The ruling in Barbulescu’s case was not final.

On June 11, reporter Diana Oncioiu of the Let There Be Light (Sa Fie Lumina) media project received death threats while she was investigating the sexual abuse of students at Husi Theological Seminary in Vaslui County. An unknown individual told the reporter that her head would be “ripped off” if she continued to document private matters of the Romanian Orthodox Church. Following the reporter’s criminal complaint, police identified the suspect as Dragos T., a former student of the Husi Seminary. In September, however, prosecutors decided not to pursue criminal charges against Dragos T., as the threats “were not premeditated but a spontaneous gesture” and ordered him to perform 50 days of community service. In Dela0.ro, Oncioiu published an investigation into sexual child abuse cases that found courts determined three out of four cases were considered consensual. In November the Superior Council of Magistrates chair Lia Savonea requested the Judicial Inspection to investigate whether another article by Oncioiu published in Dela0.ro affected “judicial independence” and “magistrates’ impartiality.” The Judicial Inspectorate’s investigation against the reporter and the outlet remained pending.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedom of association, but the government occasionally restricted freedom of peaceful assembly.

Freedom of Peaceful Assembly

The constitution provides for freedom of peaceful assembly, which the government has generally respected. The law provides that unarmed citizens may assemble peacefully but also stipulates that meetings must not interfere with other economic or social activities and may not take place near such locations as hospitals, airports, or military installations. In most cases organizers of public assemblies must request permits in writing three days in advance from the mayor’s office of the locality where the gathering is to occur.

In October 2018 the Supreme Court ruled that public gatherings, including protests, must be declared in advance when they are to be held in markets, public spaces, or in the vicinity of institutions “of public or private interest.” The decision was mandatory. Activists opposed these restrictions, stating that by announcing the protests, those who take to the streets will be forced to take responsibility not only for themselves, but also for larger groups or for instigators to violence who may be brought there to compromise peaceful anticorruption protests. Civic organizations also warned that in Bucharest authorities granted public spaces for longer periods to NGOs with no activity only as a pretext to refuse permits to protest to legitimate organizations.

In August 2018 a protest at Victoria Square in Bucharest attracted approximately 100,000 protesters. According to the Ministry of Interior, several hundred persons allegedly attempted to get close to the cabinet office building and threw objects at gendarmes. Media and civic groups reported the number of violent protesters was much lower, amounting to several dozens of persons. Gendarmes used tear gas and water cannon indiscriminately, harming peaceful protesters, some of whom were children or elderly. NGOs, observers, and journalists noted gendarmes launched tear gas canisters in adjacent areas of the square against persons who did not pose a threat. Gendarmes also used violence against protesters who left the protest and were on adjacent streets. Numerous broadcast television reports showed members of the gendarmerie punching, kicking, and hitting peaceful protesters, with their batons. Several protesters suffered injuries caused by shrapnel from exploding tear-gas canisters.

More than 770 criminal complaints concerning violent incidents during the August 2018 protest that allegedly constituted excessive force against peaceful protesters were submitted to law enforcement. During the year investigations into alleged attacks by gendarmerie against protesters remained stalled, and the case was transferred from one prosecutor’s office to another.

Slovakia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press. While the government generally respected these rights, it limited access to information to press outlets critical of the government.

Freedom of Expression: The law prohibits the defamation of nationalities and race, punishable by up to three years in prison, and denial of the Holocaust and crimes committed by the fascist and communist regimes, which carry a prison sentence of six months to three years.

Press and Media, Including Online Media: The prohibitions against defamation of nationalities and denial of the Holocaust and crimes committed by the fascist and communist regimes also applied to the print and broadcast media, the publication of books, and online newspapers and journals. According to media organizations, criminal libel provisions restrict freedom of expression, including freedom of media. In one instance, a Bratislava district court issued a preliminary measure in June ordering former presidential candidate Martin Dano to withdraw his online videos targeting investigative journalist and anticorruption NGO director Zuzana Petkova. The court ruled Dano’s videos incited hatred and defamed Petkova and other investigative journalists. Zuzana Petkova informed media outlets that Dano had not complied with the court decision. Appeal proceedings were pending.

The majority of media were privately owned or funded from private sources. Radio and Television Slovakia (RTVS) and the TASR news agency received state funding for specific programming. Observers expressed concern, however, about the increasing consolidation of media ownership and its potential long-term threat to press freedom. NGOs reported most of the country’s private media outlets, including television stations and print publications, were controlled by relatively few financial conglomerates or wealthy individuals.

Members of the cabinet intermittently refused to communicate with two major daily newspapers, claiming their reporting was biased and that the newspapers had refused to apologize for publishing information government officials claimed was untrue.

Violence and Harassment: In February 2018 investigative journalist Jan Kuciak and his fiancee, Martina Kusnirova, were killed in their home. Kuciak regularly reported on allegations of high-level corruption and documented tax-fraud schemes. As of November authorities had arrested and indicted four suspects in the case, including businessman Marian Kocner, who was charged with ordering the killing. Nationwide public protests in 2018 following the killings prompted the resignation of then interior minister Robert Kalinak, then prime minister Robert Fico, and then police president Tibor Gaspar. Since the resignations, Fico on multiple occasions accused media outlets and NGOs of using the killings to foment a “coup.”

The investigation into the Kuciak murder led to allegations that Kocner and his collaborators conducted surveillance of selected investigative journalists, allegedly with the assistance of law enforcement. According to media reports, the investigation revealed that police representatives illegally accessed government databases to collect information on journalists and their family members. Information collected through surveillance and from state databases was allegedly used to intimidate individual journalists. Investigations into the surveillance and intimidation cases were pending (see section 4, “Corruption”).

Libel/Slander Laws: Libel and slander are treated as criminal offenses. Media organizations criticized a criminal libel provision in the criminal code as restricting freedom of expression.

Financial elites targeted the press in several civil defamation lawsuits, which often required the press to pay large sums of money in penalties or legal costs. The International Press Institute Slovakia and other observers expressed concern this financial risk and the administrative burden of constantly contesting lawsuits could lead to media self-censorship. In December 2018 a trial court dismissed one of numerous libel lawsuits by financial group Penta Investment against daily newspaper DennikN over an article implying then prime minister Robert Fico accepted bribes from Penta leader Jaroslav Hascak through his personal assistant.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for freedoms of peaceful assembly and association, and the government generally respected these rights.

Slovenia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law prohibits the incitement to hatred, violence, and intolerance based on nationality, race, religion, gender, skin color, social status, political or other beliefs, sexual orientation, and disability in a way that could threaten or disrupt public order, typically requiring violence to occur for the prosecution of such incitement.

The Supreme Court set a legal precedent in August in a case of alleged incitement to hatred, violence, and intolerance against Roma. The court ruled that in cases in which an act is committed by means of a threat, abusive language, or insult, with other legal indications of a crime, it does not necessarily need to jeopardize public order and peace to be treated as a crime.

The penal code also prohibits the expression of ideas of racial superiority and denial of the Holocaust.

In October the Union of European Football Associations imposed a 50,000-euro ($55,000) fine on the Slovenian soccer club Olimpija Ljubljana for alleged racial abuse. During a soccer match in August, Olimpija Ljubljana supporters shouted racial insults at a Beninese national who played on the opposing team. The hotline Spletno oko (Web Eye) received several hundred reports concerning potential cases of hate speech, but there were no reported prosecutions or convictions for online hate speech. In 2018, Spletno oko received a slight increase in potential cases of online hate speech compared to 2017.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The print and broadcast media, like online newspapers and journals, as well as book publishers, are subject to the laws prohibiting hate speech, libel, and slander.

A prior case brought by the same journalist against the leader of a major political party for labeling her a “prostitute” in a 2016 tweet also resulted in a suspended sentence; a retrial ordered by a higher court was pending as of December.

Violence and Harassment: In August 2018 an individual attempted to drive over the camera operator of a crew of the national broadcaster TV Slovenia in Nova Gorica. The assailant did not injure anyone in the attempted attack. The perpetrator fled to Italy, where police arrested him several days later. During a court hearing, the assailant commented he was not opposed to media, but wanted to be left alone. In November local courts sentenced the assailant to a six-month suspended sentence with two years of probation.

Censorship or Content Restrictions: Two high-profile incidents involving attempts by governments in neighboring states to assert pressure on the Slovenian press made headlines and resulted in strong official pushback and public outrage. The first involved a diplomatic note from the Hungarian embassy protesting a cartoon on the cover of a prominent Slovenian political magazine depicting Hungarian Prime Minister Viktor Orban giving a Nazi salute. The second incident involved allegations the Croatian government tried to discourage a commercial television station from reporting on the rumored involvement of Croatian intelligence in a 2015 wiretap scandal related to Permanent Court of Arbitration proceedings on a Slovenia-Croatia border dispute. In both cases the government strongly condemned foreign interference in the local press and asserted that any pressure on media outlets was contrary to fundamental principles of democracy.

While instances of overt political pressure on the press remained isolated, the Slovenian Association of Journalists and media analysts observed that standards of journalistic integrity suffered because of economic pressure, nonstandard forms of employment such as freelance or student status, and reduced protections for journalists, leading some to practice self-censorship to maintain steady employment.

Journalists and media representatives stated existing media legislation does not address the problem of excessive concentration of ownership in media, which could limit the diversity of views expressed. The announced merger in July of the country’s second and third largest daily newspapers (Dnevnik and Vecer) reflected a broader trend toward consolidation in a saturated and highly competitive media market. Most observers expected minimal immediate impact on media diversity as a result of the merger, given the newspapers’ similar editorial stance.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Local courts lifted a ban imposed in 2017 on a concert by Croatian musician Marko Perkovic. In 2017 authorities cancelled the concert at the request of local police, who assessed the concert could result in violence, hate speech, or other criminal acts. Media outlets reported that Perkovic had previously been accused of expressing extremist nationalist views.

South Korea

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press. Nonetheless, the government’s interpretation and implementation of the NSL and other laws and provisions of the constitution limited freedom of speech and expression, and restricted access to the internet as described below.

Freedom of Expression: Although the law provides for freedom of speech, under the NSL and other laws the government may limit the expression of ideas that promote or incite the activities of “antistate” individuals or groups. During the year, prosecutions under the NSL for speech that allegedly supported or praised the DPRK government continued. Two persons were charged under the NSL for praising or supporting the DPRK from January to July. There were nine such cases in 2017 and one in 2018.

Human Rights Watch contended the government maintained “unreasonable restrictions on freedom of expression,” citing the use of defamation laws, the NSL, and other laws.

In August a district court upheld a professor’s six-month prison sentence for defamation after he told his class that some women “probably knew exactly what they were signing up for” when they “volunteered” to be comfort women (women subjected to sexual servitude for the Japanese military during World War II). The court also upheld Sunchon National University’s decision to fire him. The professor said he did not intend to defame the women but was trying to provoke an academic discussion of the historical issue in his class.

Under the election law, the government may limit the expression of ideas that the National Election Commission deems to be false.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, within the constraints cited above.

In March the spokesperson of the ruling Democratic Party criticized a Bloomberg journalist for her September 2018 article that called President Moon the “top spokesman” of North Korea. The spokesperson also called out a New York Times journalist the following day for expressing a similar opinion. The spokesperson later apologized and had the journalists’ names removed from transcripts of his statements.

The NGO Reporters without Borders expressed concerns about criminal libel and national security laws that invoke severe penalties for the dissemination of sensitive information, especially when it involves North Korea. Conservative politicians complained that the Moon administration placed political pressure on media outlets.

Libel/Slander Laws: The government and individual public figures used libel and slander laws, which broadly define and criminalize defamation, to restrict public discussion and harass, intimidate, or censor private and media expression. The law allows punishment of up to three years in prison for statements found to be “slander” or “libel,” even if factual, and up to seven years for statements found to be false. The law punishes defamation of deceased persons as well; the maximum punishment if convicted is two years’ imprisonment. NGOs and human rights attorneys noted several cases of politicians, government officials, and celebrities using the libel laws to deter victims of workplace sexual harassment from coming forward or to retaliate against such victims. In January a film director asked prosecutors to investigate journalists under the nation’s defamation laws for reporting allegations that he sexually and physically abused actresses working under his direction. Prosecutors ultimately rejected the director’s request. Subsequently, the director filed a civil libel suit seeking one billion won ($830,000) in damages from a news agency and one of the actresses. As of September, that case had not been resolved.

National Security: The NSL criminalizes actions interpreted to be in support of North Korea or otherwise against the state. The government used this law to arrest and imprison civilians and to deport foreigners. The Supreme Court ruled the NSL constitutional in 2015.

In July a district court overruled the 2018 conviction of a Syrian migrant for recruiting individuals to join ISIS. The man had been living in the country for more than 10 years on a temporary humanitarian stay permit after the government denied his asylum application. According to a local NGO, when he traveled to the Middle East for the birth of his child, investigators assumed he was meeting with ISIS. Prosecutors accused him of having ISIS recruitment material on his phone; the man said the material automatically downloaded from his social media feed. The district court found that the prosecutors failed to prove that the defendant encouraged others to join ISIS or proposed a way to join the group. Nevertheless, the court rejected his request to determine the constitutionality of the law. Prosecutors appealed the decision to overturn the 2018 verdict and the case was pending as of November.

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The law provides for freedom of assembly, and the government generally respected this right. The law may be used to prohibit or limit assemblies considered likely to undermine public order and requires advance notification for demonstrations of all types, including political rallies. Police must notify organizers if they consider an event impermissible under the law. Police banned some protests by groups that had not properly registered or that were responsible for violent protests in the past. KNPA decisions to ban protests were subject to both administrative and judicial appeal. In 2018 the KNPA received 68,315 assembly requests, a 51-percent increase from 2017.

In August organizers canceled the third annual Queer Culture Festival in Busan. They stated that they could not guarantee the safety of participants because the Haeundae District Office had denied the festival’s request for a permit. Organizers accused Busan authorities of blocking the festival to appease anti-LGBTI groups. The Haeundae District deputy mayor claimed festival organizers had failed to file the proper permits with the local police, a claim festival organizers called false. The deputy mayor also stated that the event’s proposed location–along Haeundae Beach’s busy main tourist street–would create too many traffic problems. The previous two Busan Queer Culture Festivals occurred at the same location without incident despite 15,000 attendees. The street is also the site of the annual June Busan Magic Festival and the September Busan Comedy Festival that each attract up to 20,000 attendees.

Spain

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law prohibits, subject to judicial oversight, actions including public speeches and the publication of documents that the government interprets as celebrating or supporting terrorism. The law provides for imprisonment from one to four years for persons who provoke discrimination, hatred, or violence against groups or associations on the basis of ideology, religion or belief, family status, membership in an ethnic group or race, national origin, sex, sexual orientation, illness, or disability.

The law penalizes the downloading of illegal content and the use of unauthorized websites, violent protests, insulting a security officer, recording and disseminating images of police, and participating in unauthorized protests outside government buildings. The NGO Reporters without Borders (RSF) called the law a threat to press freedom, while the Professional Association of the Judiciary considered it contrary to freedom of speech and information. The Spanish Socialist Workers’ Party (PSOE) challenged the law in the Constitutional Court, where a decision remained pending.

Violence and Harassment: The RSF and other press freedom organizations stated that the country’s restrictive press law and its enforcement impose censorship and self-censorship on journalists.

On September 11 and October 1, unknown persons assaulted television journalists covering demonstrations for Catalan independence in Barcelona. The perpetrators were not identified or apprehended. The RSF stated approximately 50 such abuses occurred in Catalonia in 2018 and 2019.

On October 15, the International Press Institute called upon authorities to ensure an end to police attacks on journalists covering protests following the ruling of the Supreme Courte jailing leaders of the Catalan independence movement.

On November 6, Harlem Desir, the representative for the Organization for Security and Cooperation in Europe for Freedom of the Media condemned the posters that radical proindependence groups hung in Barcelona, calling six Spanish journalists “information terrorists,” including their names and the media they work for, and telling them “to stay in Madrid.” The Journalists Association of Catalonia and the Union of Journalists of Catalonia have also condemned the actions.

The Barcelona Hate Crimes Prosecutor’s 2018 report continued to document an increase in the number of hate crimes beginning in October 2017, mostly attributable to political beliefs related to the Catalan independence movement. In Barcelona Province, 40.5 percent of 412 registered cases represented hate speech and discrimination against those holding differing political views. Police reports confirmed an increase in cases of political discrimination in Catalonia. Attacks, which ranged from insults to physical assaults, increased from 121 in 2017 to 326 in 2018.

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The law provides for the freedom of peaceful assembly, and the government generally respected this right. The law provides for fines of up to 600 euros ($660) for failing to notify authorities about peaceful demonstrations in public areas, up to 30,000 euros ($33,000) for protests resulting in “serious disturbances of public safety” near parliament and regional government buildings, and up to 600,000 euros ($660,000) for unauthorized protests near key infrastructure. By law any protestors who refuse to disperse upon police request may be fined.

Sweden

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Tunisia

Section 2. Respect for Civil Liberties, Including:

Although government officials acknowledged a Ministry of Justice effort to review and revise the 1968 code of criminal procedures (CPP) and the 1913 Penal Code to comply with the 2014 constitution, activists and members of civil society expressed concern with the slow pace of reforms. Apart from a few discrete modifications to sections governing rape and pretrial detention, no changes have been made to the penal code since the country became a democracy, leading authorities to enforce provisions of the penal code that appear to contradict with the rights and freedoms protected in the constitution. For the CPP, however, the government has introduced notable changes, including the introduction of alternatives to incarceration and probation, reorganization of Judicial Police and moving the Office of the Judicial Police under the authority of the Ministry of Justice and a more refined definition of flagrante delicto, obvious offense. As of October the independent committee of experts in charge of amending these two criminal codes submitted revisions to the CCP to the Justice Ministry, enabling the ministry to prepare the draft law to parliament for review and adoption. The penal code project remained under review.

Civil society activists continue to cite the lack of a constitutional court as hindering efforts to align existing legislation with the 2014 constitution and international human rights norms, particularly legislation pertaining to individual freedoms and fundamental rights.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government mainly respected this right, although there were constraints. An independent press and a functioning democratic political system contributed to an environment generally conducive to this freedom. Some media outlets and civil society expressed concerns about occasional government interference in media and the concentration of media ownership in the hands of a few political parties or families.

Freedom of Expression: Public speech considered offensive to “public morals” or “public decency,” terms undefined in the law, continued to be treated as criminal acts. Provisions of the penal and telecommunications codes, for example, criminalize speech that causes “harm to the public order or public morals” or intentionally disturbs persons “in a way that offends the sense of public decency.”

HRW issued a statement on October 15 asserting, “Tunisian authorities are using laws on criminal defamation, ‘spreading false information,’ and ‘harming others via public telecommunications networks’ to prosecute people for their online commentary.” HRW cited the example of Yacine Hamdouni, a civil servant who was sentenced to six months in prison for having accused a senior security official of corruption in several social media posts. The Tunis First Instance Court that heard Hamdouni’s case convicted him on June 6 for having disseminated “false information,” accusing officials of wrongdoing without providing proof, and “harming others via public telecommunication networks.” The court sentenced him originally to one year in prison, but this sentence was reduced to six months on appeal. According to HRW, Hamdouni remained detained in the Mourneguia prison as of October.

In another example, in December 2018, the First Instance Court of Kairouan sentenced a civil society activist to three months in prison for insulting the president. The activist allegedly wrote an insulting message on a public wall in Kairouan.

Press and Media, Including Online Media: Activists expressed concern about government interference in media and the concentration of media ownership. NGOs stated the penal code and military justice codes, were used to target journalists, lawyers, and civil society activists. The codes criminalize defamation, false allegations against members of an administrative or judicial authority, and attacks against the “dignity, reputation, or morale of the army.”

On March 14, the investigative judge for the First Instance Court of Tunis prevented the dissemination of two television shows investigating a public-health scandal. The judge ruled these shows would impede an ongoing investigation, but critics characterized the injunction as a violation of free speech.

Violence and Harassment: Violence and harassment against journalists continued, according to human rights organizations. In its annual 2019 report, the Tunisian Union of Journalists (SNJT) warned of an increase in incitement and threats against journalists from citizens who hold media responsible for the deteriorating economic and social situation. Between February 2018 and April 2019, the SNJT reported 139 incidents of verbal, physical assaults, and intimidation against journalists. The SNJT cited public-service employees as primarily responsible for these incidents, followed by security forces and government officials. The SNJT reported an additional 39 instances of physical aggression against journalists between July and September, with the majority of these instances taking place during the September 15 elections with heads of polling stations forcibly removing media from polling stations or otherwise limiting their access to report on the electoral process.

Censorship or Content Restrictions: The government penalized individuals who published items counter to government guidelines or who published items deemed to defame government officials.

Libel/Slander Laws: Various civil society organizations expressed concern about the use of criminal libel laws to stifle freedom of expression. The 2017 adoption of decree laws maintaining the separation between protection of freedom of expression and regulation of the communications and media sector rolled back the prerevolution regime of censorship and secrecy; however, many media actors and activists expressed concern that these decree laws did not go far enough to protect press freedoms and freedom of expression and did not comply with the country’s international obligations.

In August 2018 authorities charged blogger Amina Mansour with violating Article 128 of the penal code and Article 86 of the telecommunications code. The former refers to accusing public officials of crimes without providing proof of their guilt, while the latter covers “willfully and knowingly harming others or disturbing them via public telecommunications networks.” Mansour had posted a message on her Facebook page accusing Prime Minister Youssef Chahed of promoting “criminals in the customs agency.” The court sentenced Mansour to a suspended sentence of two months in prison. She appealed the ruling, and as of September her appeals case continued.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year.

A 2018 law mandated the establishment of a more comprehensive business registration system, including the creation of a National Center for Business Registry (CNRE), with the aim to combat terrorism finance and money laundering that also included requirements for nonprofit associations to submit financial data to a newly created registry. Formally established on February 5, the CNRE is responsible for collecting and maintaining the financial and administrative data of all “economic actors,” including nonprofit associations. The center also ensures implementation of the new law and reinforces intelligence tools to eliminate economic crimes. There are CNRE offices in Tunis, Sousse, Sfax, and Nabeul that serve as independent institutions under the Prime Minister’s Office. Since February the CNRE has trained professional associations that support companies and civil society organizations to comply with the new business registration system requirements. The deadline for economic actors to register with this new system was September 10.

Turkey

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression within certain limits, and the government restricted freedom of expression, including for the press, throughout the year. Multiple articles in the penal code directly restrict press freedom and free speech, for example, through provisions that prohibit praising a crime or criminals or inciting the population to enmity, hatred, or denigration, as well as provisions that protect public order and criminalize insulting the state, the president, or government officials. Many involved in journalism reported that the government’s prosecution of journalists representing major opposition and independent newspapers and its jailing of journalists during the preceding three years hindered freedom of speech and that self-censorship was widespread amid fear that criticizing the government could prompt reprisals.

The law provides for punishment of up to three years in prison for a conviction of “hate speech” or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law for not including restrictions based on gender identity and noted that the law was sometimes used more to restrict freedom of speech than to protect minorities.

The government convicted and sentenced hundreds of individuals for exercising their freedom of expression. According to a poll by Reuters conducted in 2018 as part of its Digital News Report: Turkey Supplementary Report, 65 percent of respondents in Turkey stated, “…concern that openly expressing their views online could get them into trouble with the authorities.”

Expression critical of the government was frequently met with criminal charges alleging affiliation with terrorist groups or terrorism. In October, during Operation Peace Spring, the government launched investigations against more than 800 individuals largely for social media posts deemed critical of government actions in northeast Syria. The Ministry of Interior reported in the same month it had detained 186 and arrested 24 individuals based on charges related to support for terror because of their social media posts.

During the year the government opened investigations into thousands of individuals, including politicians, journalists, and minors, based on allegations of insulting the president; the founder of the Turkish Republic, Mustafa Kemal Ataturk; or state institutions. Based on HRA and HRFT statistics, during the first 11 months of the year, the government investigated more than 36,000 individuals and filed criminal cases against more than 6,000 people related to accusations they insulted the president or the state. In May a court sentenced construction worker Deniz Avci to two years’ imprisonment for insulting the president after he shared two cartoons depicting President Erdogan on social media. Avci’s lawyer noted the government had not opened any lawsuits against the cartoons’ creator or publisher.

Estimates of the number of imprisoned journalists varied. The Media and Law Studies Association in Istanbul attributed the disparity to the varying definitions of “journalist” or “media worker.” While the government officially recognizes as journalists only persons who have been issued a yellow press accreditation card–typically limited to reporters, cameramen, and editors–media watchdog groups included distributors, copy editors, layout designers, or other staff of media outlets in their definition. The government often categorized imprisoned journalists from Kurdish-language outlets or alleged pro-Gulen publications as “terrorists,” alleging ties to the PKK and the Gulen movement. Information about and access to the imprisoned staff of some of these outlets was therefore limited, further contributing to disparities in tallies of jailed journalists.

Estimates of the number of incarcerated journalists ranged from at least 47 according to the Committee to Protect Journalists (CPJ) to 136 according to the International Press Institute (IPI). The majority faced charges related to antistate reporting or alleged ties to the PKK or Gulen movement.

An unknown number of journalists were outside the country and did not return due to fear of arrest, according to the Journalists Association. Hundreds more remained out of work after the government closed more than 200 media companies allegedly affiliated with the PKK or Gulen movement, mostly in 2016-17, as part of its response to the 2016 coup attempt.

Freedom of Expression: Individuals in many cases could not criticize the state or government publicly without risk of civil or criminal suits or investigation, and the government restricted expression by individuals sympathetic to some religious, political, or cultural viewpoints. At times those who wrote or spoke on sensitive topics or in ways critical of the government risked investigation, fines, criminal charges, job loss, and imprisonment.

On September 6, an Istanbul court sentenced Republican People’s Party (CHP) Istanbul chairperson Canan Kaftancioglu to nearly 10 years’ imprisonment for “insulting the republic” and “insulting the president” for tweets she shared between 2012 and 2017. She remained free pending a legal appeal at years’ end.

A parliamentary by-law prohibits use of the word “Kurdistan” or other sensitive terms by members of parliament on the floor of parliament, providing for the possible issuance of fines to violators.

On December 2, the Diyarbakir public prosecutor requested charges be filed against former Diyarbakir Bar Association chairman Ahmet Ozmen and the former members of the bar’s executive board for violating Article 301 of the penal code, the article that criminalizes, among other things, openly provoking hatred and hostility and insulting parliament. The charges stemmed from a statement the Diyarbakir Bar Association released on April 24, 2017, saying, “We share the unrelieved pain of Armenian people.”

Rights groups and free speech advocates reported intensifying government pressure that in certain cases resulted in enhanced caution in their public reporting.

Press and Media, Including Online Media: Mainstream print media and television stations were largely controlled by progovernment holding companies heavily influenced by the ruling party. Reporters Without Borders estimated the government was able to exert power in the administration of 90 percent of the most-watched television stations and most-read national daily newspapers. Only a small fraction of the holding companies’ profits came from media revenue, and their other commercial interests impeded media independence, encouraged a climate of self-censorship, and limited the scope of public debate.

Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.

Government prosecution of independent journalists limited media freedom throughout the year. In April 2018, 14 persons affiliated with the leading independent newspaper, Cumhuriyet, were convicted of aiding terrorist organizations, citing their reporting as part of the evidence against the accused, and sentenced to prison terms of between three and seven years. The court placed the journalists on probation and banned them from traveling abroad until the appeals process concluded. In April six defendants returned to prison after an appeals court upheld their convictions. Following a Supreme Court of Appeals ruling in September that dismissed most of the cases, only one former staff member remained jailed, but travel bans on the others remained in place. The original court set aside the Supreme Court of Appeals ruling and held a retrial for 13 of the original defendants in November, acquitting one and ruling against the Supreme Court of Appeals’ decision for the other 12. The case continued at year’s end as the defendants appealed the decision.

Additional journalists whose detentions were considered politically motivated included four journalists and editors who had worked for the now-closed, Gulen-linked Zaman newspaper. Authorities arrested the four in 2016, and they remained in detention on terrorism and coup-related charges. International human rights organizations condemned the sentences of six other journalists sentenced to aggravated life prison sentences on February 16 for alleged links to the 2016 coup attempt. On July 6, courts convicted an additional six journalists associated with the closed Zaman newspaper of terrorism-related charges and sentenced them to between eight and more than 10 years’ imprisonment.

In several cases the government barred journalists from travelling outside the country. For example, after serving three months in prison for “membership in a terror organization” and being acquitted in December 2018 due to lack of evidence, Austrian journalist and student Max Zringast remained under judicial control and was barred from leaving the country.

Violence and Harassment: Government and political leaders and their supporters used a variety of means to intimidate and pressure journalists, including lawsuits, threats, and, in some cases, physical attack.

In a spate of violence during the spring, six journalists from various outlets across the country were attacked in the space of five weeks. In May six individuals attacked Yenicag newspaper columnist Yavuz Demirag, ostensibly because they disagreed with his reporting. All three were released after questioning by authorities. In another attack in May, three individuals who attacked journalist Selahattin Onkibar were released under judicial control. The Turkish Journalists Union criticized the lack of investigations and blamed the increase in attacks against journalists on a sense of impunity on the part of those responsible for attacks.

The government routinely filed terrorism-related charges against an individual or publication in response to reporting on sensitive topics, particularly PKK terrorism and the Gulen movement (also see National Security). Human rights groups and journalists asserted the government did this to target and intimidate journalists and the public. In November reporters Ruken Demir (Mesopotamia Agency) and Melike Aydın (Jinnews) were placed in pretrial detention pending a hearing on charges of supporting a terrorist organization that reportedly stemmed from the content of their reporting.

Journalists reported that media outlets fired some individuals for being too controversial or adversarial with the government out of fear of jeopardizing other business interests.

Journalists affiliated or formerly affiliated with pro-Kurdish outlets faced significant government pressure, including incarceration. The government routinely denied press accreditation to Turkish citizens working for international outlets for any association (including volunteer work) with Kurdish-language outlets.

Censorship or Content Restrictions: Government and political leaders maintained direct and indirect censorship of news media, online media, and books. The Ministry of Interior disclosed that, between January 1 and April 9, it examined 10,250 social media accounts and took legal action against more than 3,600 users whom it accused of propagandizing or promoting terror organizations, inciting persons to enmity and hostility, or insulting state institutions. Media professionals widely reported practicing self-censorship due to intimidation and risks of criminal and civil charges.

While the law does not prohibit particular books or publications, publishing houses were required to submit books and periodicals to prosecutors for screening at the time of publication. The Turkish Publishers Association (TPA) reported that the country’s largest bookstore chain, D&R, removed some books from its shelves and did not carry books by some opposition political figures.

The TPA reported that publishers often exercised self-censorship, avoiding works with controversial content (including government criticism, erotic content, or pro-Kurdish content) that might draw legal action. The TPA reported that publishers faced publication bans and heavy fines if they failed to comply in cases in which a court ordered the correction of offensive content. Publishers were also subject to book promotion restrictions. In some cases prosecutors considered the possession of some Kurdish-language, pro-Kurdish, or Gulen movement books to be credible evidence of membership in a terror organization. In other cases authorities directly banned books because of objectionable content. For example, in September a court in Kars banned two books related to Kurds or “Kurdistan” for promoting “a terrorist organization.”

In July an Ankara court ordered domestic internet service providers to block in-country access to 135 web addresses representing a wide variety of platforms, including the independent news site Ozgur Gelecek (see Internet Freedom).

The government’s efforts to control media continued. A July report by Foundation for Political, Economic, and Social Research (a think tank with close ties to the ruling AKP) identified some foreign media outlets reporting from the country (e.g., BBC, Deutsche Welle, and Voice of America) as “antigovernment” and “proterrorism” for stories the organization deemed too critical of the Turkish government or promoting terrorist-related perspectives. In response the Turkish Journalists Union filed a complaint about the report, stating that it made the outlets and their correspondents “public targets.” Other critics and free speech advocates, including the European Center for Press and Media Freedom, asserted the publication laid the groundwork for greater suppression of foreign reporting and correspondents.

Some journalists reported their employers fired them or asked them to censor their reporting if it appeared critical of the government. These pressures contributed to an atmosphere of self-censorship in which media reporting became increasingly standardized along progovernment lines. Failure to comply typically resulted in a dismissal, with media groups occasionally citing “financial reasons” as a blanket cause for termination.

Some writers and publishers were subject to prosecution on grounds of defamation, denigration, obscenity, separatism, terrorism, subversion, fundamentalism, or insulting religious values. Authorities investigated or continued court cases against a myriad of publications and publishers on these grounds during the year. Media and Law Studies Association codirector and lawyer Veysel Ok and reporter Cihan Acar were sentenced to five months’ imprisonment on the charge of “degrading the judicial bodies of the state.” The lawsuit was based on an interview Ok gave to the newspaper Ozgur Dusunce in which he questioned the independence of the judiciary.

Radio and television broadcast outlets did not provide equal access to the country’s major political parties. Critics charged that the media generally favored the ruling AKP political party, including during the March municipal elections (see section 3).

The Radio and Television Supreme Council (RTUK) continued the practice of fining broadcasters whose content it considered “contrary to the national and moral values of society.” For example, RTUK sanctioned television channel TELE1 for broadcasting a speech made by HDP cochair Sezai Temelli in parliament. As of August RTUK’s authority extended to online broadcasters as well. Service providers that broadcast online are required to obtain a license or may face having their content removed. RTUK is empowered to reject license requests on the grounds of national security and to subject content to prior censorship. Civil society organizations reported concerns about the high cost of the license and requirement to obtain vetting certification from local police.

Libel/Slander Laws: Observers reported that government officials used defamation laws to stop political opponents, journalists, and ordinary citizens from voicing criticism (see section 2.a., Freedom of Expression, Including for the Press). According to press reports, convictions for insulting the president increased 13-fold between 2016 and the end of the year. The law provides that persons who insult the president of the republic may face a prison term of up to four years. The sentence may be increased by one-sixth if committed publicly and by one-third if committed by media outlets.

Authorities charged citizens, including minors, with insulting the country’s leaders and denigrating “Turkishness.” For example, in July a court of appeals sentenced famous local singer and actress Zuhal Olcay to 11 months and 20 days in prison for allegedly insulting the president in a song at a concert.

The government also targeted lawmakers, mostly from the pro-Kurdish HDP, with a significant number of insult-related cases. As of December at least 4,912 HDP lawmakers, executives, and party members had been arrested since July 2016 for a variety of charges related to terrorism and political speech.

While leaders and deputies from opposition political parties regularly faced multiple insult charges, free speech advocates pointed out that the government did not apply the law equally and that AKP members and government officials were rarely prosecuted.

According to the Ministry of Justice, in 2018 the government launched 36,660 investigations against at least 6,320 individuals related to insulting the president, including 104 children between the ages of 12 and 15. Comprehensive government figures for 2019 were unavailable at year’s end.

National Security: Authorities regularly used the counterterrorism law and the penal code to limit free expression on grounds of national security. Organizations, including the Committee to Protect Journalists and Freedom House, reported that authorities used the counterterrorism law and criminal code to prosecute journalists, writers, editors, publishers, filmmakers, translators, rights activists, lawyers, elected officials, and students accused of supporting a terrorist organization–generally either the PKK or the Gulen movement.

In one example in July, two filmmakers were sentenced to four years, six months in prison for their 2015 documentary movie, Bakur, about the PKK. According to the court, the documentary was “propaganda for a terrorist organization.” Many observers, however, viewed the prosecution as an example of the government using antiterror laws to limit freedom of expression.

Prominent columnist Ahmet Altan remained in prison at year’s end. Altan was convicted in 2018 for “attempting to overthrow the constitutional order” and received an aggravated life sentence in February 2018. The Supreme Court of Appeals overturned his life imprisonment sentence in July and recommended he face the lesser charge of “aiding a terrorist organization.” In November the court convicted Altan on the lesser charge but ordered his release for time served. He was released on November 4 but rearrested on November 12 following the prosecutor’s objection to his release. Economist Mehmet Altan was previously convicted, along with his brother Ahmet, on terror-related charges for allegedly sending coded messages to the 2016 coup plotters during a panel discussion on a television program. The Supreme Court of Appeals overturned the verdict against Mehmet Altan due to a lack of sufficient and credible evidence, and he was acquitted in the retrial.

Authorities also targeted foreign journalists. For example, in June a criminal court in Istanbul accepted an indictment charging two Bloomberg News reporters for their coverage of the country’s economy, alleging that their reports had undermined the country’s economic stability. If convicted, they could face as many as five years in prison.

Nongovernmental Impact: The PKK used intimidation to limit freedom of speech and other constitutional rights in the southeast. Some journalists, political party representatives, and residents of the southeast reported pressure, intimidation, and threats if they spoke out against the PKK or praised government security forces.

b. Freedoms of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

Although the constitution provides for freedom of assembly, the law provides several grounds for the government to limit that right. The law stipulates penalties for protesters convicted of carrying items that might be construed as weapons, prohibits the use of symbols linked to illegal organizations (including chanting slogans), and criminalizes covering one’s face during a protest. The law permits police to use tinted water in water cannons, potentially to tag protesters for later identification and prosecution. The law also allows police to take persons into “protective custody” without a prosecutor’s authorization if there is reasonable suspicion that they are a threat to themselves or to public order. The antiterror law gives governorates enhanced authority to ban protests and public gatherings, a ban some governorates enacted broadly during the year.

The government regarded many demonstrations as security threats to the state, deploying large numbers of riot police to control crowds, frequently using excessive force and resulting in injuries, detentions, and arrests. At times the government used its authority to detain persons before protests were held on the premise they might cause civil disruption. The government generally supported security forces’ actions. The HRA and HRFT jointly reported that in the first 11 months of the year, police intervened in 962 demonstrations. As many as 2,800 persons claimed they faced beating and inhuman treatment during these police interventions. Neither government nor human rights groups released statistics regarding the number of demonstrations that proceeded without government intervention. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests. In July students at Ankara’s Middle East Technical University were confronted by police spraying tear gas before being forcibly removed. The students had set up tents to protest the cutting of trees for the construction of a new state dormitory on campus.

On March 8, police used tear gas to break up an International Women’s Day march of several thousand demonstrators near Istanbul’s Taksim Square. President Erdogan claimed some participants continued their protest during the call to prayer, which he said constituted an insult to religion (a crime according to domestic law). Progovernment media extensively covered the events with columnists widely condemning the demonstrators and largely echoing Erdogan’s criticisms, although some in progovernment media criticized his use of religion in this way. The women’s committee in charge of organizing the event issued a statement denying the accusations and asserting police used excessive force against the demonstrators.

Throughout the year during court hearings of jailed former HDP cochair Demirtas, the Ankara governorate or court security personnel banned gatherings, marches, and sit-in protests outside the court. Domestic and international observers were admitted to observe one hearing.

The government also selectively restricted gatherings to designated sites or dates, particularly limiting access to Istanbul’s Taksim Square and Istiklal Street and Ankara’s Kizilay Square, and set up roadblocks to prevent protesters from gathering there. Although police removed barriers around the human rights monument in Ankara’s Kizilay Square in July, a mobile police presence remained. The government selectively banned many demonstrations outright if they were critical of the government. In September-October, Ankara police prevented mothers of military cadets sentenced to life in prison for their alleged involvement in the coup attempt from gathering outside the AKP headquarters building in Ankara. In contrast, during the same period, police did not prevent demonstrators from staging sit-ins outside HDP buildings in Diyarbakir to demand the return of children allegedly forcibly recruited by the PKK.

Istanbul police continued to prevent the vigil of the Saturday Mothers from taking place on Istiklal Street, instead requiring the group to hold the weekly gathering on a nearby side street. Since the 1990s, the Saturday Mothers gathered to commemorate the disappearances of relatives following their detention by security forces in the 1980s and 1990s and to call for accountability. Interior Minister Suleyman Soylu previously accused the group of exploiting the concept of motherhood to mask support for terrorism.

The governors of Kayseri and Istanbul banned an academic conference hosted by the Hrant Dink Foundation in their respective provinces. The conference was the sixth in a series of similar events across the country. In a press statement, the group said the conference was a legal action taken directly in line with its government-approved foundational charter and did not violate the sections of law pertaining to assemblies and demonstrations.

Pro-Kurdish demonstrations of many kinds faced violent police responses throughout the year. For example, in January police prevented HDP lawmakers from holding a press conference in support of HDP member of parliament Leyla Guven’s hunger strike in front of the HDP Diyarbakir provincial headquarters. Police also violently disrupted a February demonstration in Van on the same topic.

In contrast with previous years, labor rights activists and political parties participated in largely peaceful marches throughout the country on May 1 (Labor Day). Turkish authorities detained 127 marchers in Istanbul who attempted to gather in Taksim Square (which the government specified as off limits).

The governors of Ankara, Istanbul, Izmir, Antalya, Gaziantep, and Mersin issued bans on public activities by lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons during the year. In May and June, police broke up public events related to Pride Month using batons, tear gas, water cannons, and rubber bullets in Izmir and Istanbul. In Izmir groups reported police detained 16 persons for several hours, and police in Istanbul reportedly detained three to five individuals. Police in Ankara also responded to similar events with tear gas despite court rulings that the governorate’s blanket ban on public events by LGBTI groups was not legal. Activists reported that despite the court’s ruling, the government continued to impose individual bans on events and assemblies.

Ukraine

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

In the Donbas region, Russia-led forces suppressed freedom of speech and the press through harassment, intimidation, abductions, and assaults on journalists and media outlets. They also prevented the transmission of Ukrainian and independent television and radio programming in areas under their control.

Freedom of Expression: With some exceptions, individuals in areas under government control could generally criticize the government publicly and privately and discuss matters of public interest without fear of official reprisal.

The law criminalizes the display of communist and Nazi symbols as well as the manufacture or promotion of the St. George’s ribbon, a symbol associated with Russia-led forces in the Donbas region. On July 16, the country’s constitutional court upheld the ban on displaying communist and Nazi symbols. During the May 9 celebration of World War II Victory Day, police issued 27 administrative offense citations in Odesa, Mykolaiv, Luhansk, Zaporizhzhia, and Donetsk Oblasts and detained several individuals in Kyiv, Kryvy Rih, Lviv, and Odesa for carrying banned Soviet symbols.

On October 10, a court in Kryvy Rih convicted a local resident of wearing a T-shirt with the state symbol of the USSR in a public place. The man reportedly wore the shirt at a local shopping center on June 14. He was given a one-year suspended sentence and another year of probation.

The law prohibits statements that threaten the country’s territorial integrity, promote war, instigate racial or religious conflict, or support Russian aggression against the country, and the government prosecuted individuals under these laws (see “Censorship” and “National Security”).

Press and Media, Including Online Media: The NGO Freedom House rated the country’s press as “partly free.” Independent media and internet news sites were active and expressed a wide range of views. Privately owned media, the most successful of which were owned by influential oligarchs, often presented readers and viewers a “biased pluralism,” representing the views of their owners, favorable coverage of their allies, and criticism of political and business rivals. The 10 most popular television stations were owned by businessmen whose primary business was not in media. Independent media had difficulty competing with major outlets that operated with oligarchic subsidies.

There were reports of continuing state pressure on the National Public Broadcasting Company (UA:PBC), created as a result of a 2014 law to provide an independent publicly funded alternative to oligarch-controlled television channels. On January 31, the supervisory board of UA:PBC announced the removal of the channel’s director, Zurab Alasania. Observers alleged the decision was made because the channel broadcast anticorruption investigations in the pre-electoral period that had been unflattering to then president Petro Poroshenko. According to press reports, the supervisory board’s initial draft decision cited the channel’s failure to cover events favorable to Poroshenko, but the final decision did not contain this language and instead alleged financial mismanagement. Following public outcry, the board announced Alasania would remain in place until May 6. Alasania challenged the board’s decision in court, and on June 19, a Kyiv court ruled the board’s decision was illegal. Alasania was reinstated in his position on July 1. On August 30, the SBI and SBU jointly raided the premises of UA:PBC, several of its regional affiliates, and the home of Alasania, apparently in connection with the allegations of financial mismanagement. The OSCE high representative on freedom of the media expressed concern about the raids and the potential impact of “any pressure on the independence of public media.” “Jeansa”–the practice of planting one-sided or favorable news coverage paid for by politicians or oligarchs–continued to be widespread. Monitoring by the IMI of national print and online media for jeansa indicated a wide range of actors ordered political jeansa, including political parties, politicians, oblast governments, and oligarchs. The IMI recorded a 22 percent increase of jeansa in the national online media before the parliamentary elections in 13 popular internet media outlets.

“Jeansa”–the practice of planting one-sided or favorable news coverage paid for by politicians or oligarchs–continued to be widespread. Monitoring by the IMI of national print and online media for jeansa indicated a wide range of actors ordered political jeansa, including political parties, politicians, oblast governments, and oligarchs. The IMI recorded a 22 percent increase of jeansa in the national online media before the parliamentary elections in 13 popular internet media outlets.

Violence and Harassment: Violence against journalists remained a problem. Human rights groups and journalists criticized what they saw as government inaction in solving the crimes as giving rise to a culture of impunity.

According to the IMI, as of September 1, there had been 20 reports of attacks on journalists, including one killing during the year, compared with 22 cases and no killings during the same period in 2018. As in 2018, private, rather than state, actors perpetrated the majority of the attacks. As of September 1, there were 33 incidents involving threats against journalists, as compared with 24 during the same period in 2018. The IMI and editors of major independent news outlets also noted online harassment of journalists by societal actors, reflecting a growing societal intolerance of reporting deemed insufficiently patriotic, a development they asserted had the tacit support of the government.

There were multiple reports of attacks on journalists by government officials. For example, according to the Committee to Protect Journalists, on March 6, officials in the village of Chabany near Kyiv attacked Radio Liberty investigative reporter Kateryna Kaplyuk and cameraman Borys Trotsenko, leaving Trotsenko with a concussion and breaking his camera. The journalists were attempting to interview a village official for an investigation into allegations that officials were allocating state lands for private use, when a group of people that included two deputy mayors of the village, Yuriy Bondar and Volodymyr Chuprin, began shoving and punching them. They filed a police report, and police began an investigation, but no charges had been brought as of November.

There were reports of attacks on journalists by nongovernment actors. For example, according to the Committee to Protect Journalists, on August 30 in Chernihiv, two unidentified individuals attacked blogger Ihor Stakh. Stakh was later treated for a concussion and required stitches for a cut on his face. The National Union of Journalists made statements indicating its belief that the attack was in retaliation for Stakh’s reporting on local corruption. Stakh reported receiving threats before the attack. Police opened an investigation but as of November had made no arrests.

On July 13, according to press reports, an unknown attacker fired a rocket-propelled grenade at the Kyiv office of pro-Russian television news broadcaster 112 Ukraine, damaging the building but causing no injuries. Police opened an investigation, but no arrests had been made as of October.

There were allegations that the government prosecuted journalists in retaliation for their work (see section 1.e.).

There were reports that government officials sought to pressure journalists through the judicial system, often to reveal their sources in investigations. For example, on February 4, the Pechersk District Court granted the Prosecutor General’s Office access to internal documents and email correspondence of the independent news outlet Novoye Vremya. Prosecutors were seeking to identify a source who spoke to the Novoye Vremya for a 2016 story revealing corruption by a high-ranking prosecutor, alleging that the source violated investigatory secrecy rules.

Journalists received threats in connection with their reporting. For example, according to the Institute for Mass Information, on September 10, journalists of the Chesno civic movement alleged that Member of Parliament Oleksandr Kovalev threatened them in response to news published on their website describing Kovalev’s illegal proxy voting on behalf of other members of parliament. The journalists filed a complaint with law enforcement authorities.

On December 12, police arrested five suspects in the 2016 killing of well-known Belarusian-Russian journalist Pavel Sheremet (see section 1.a.).

Censorship or Content Restrictions: Human rights organizations frequently criticized the government for taking an overly broad approach to banning books, television shows, websites, and other content (see subsections on National Security and Internet Freedom).

The State Committee on Television and Radio Broadcasting (Derzhkomteleradio) maintained a list of banned books seen to be aimed at undermining the country’s independence, spreading propaganda of violence, inciting interethnic, racial, religious hostility, promoting terrorist attacks, or encroaching on human rights and freedoms. As of July the list contained 211 titles.

Both independent and state-owned media periodically engaged in self-censorship when reporting stories that might expose political allies to criticism or might be perceived by the public as insufficiently patriotic or provide information that could be used for Russian propaganda.

Libel/Slander Laws: Libel is a civil offense. While the law limits the monetary damages a plaintiff can claim in a lawsuit, local media observers continued to express concern over high monetary damages awarded for alleged libel. Government entities, and public figures in particular, used the threat of civil suits, sometimes based on alleged damage to a person’s “honor and integrity,” to influence or intimidate the press and investigative journalists.

For example, on August 20, the head of the Presidential Administration, Andriy Bohdan, filed a libel lawsuit against the investigative journalism program Skhemy (Schemes), a joint program by Radio Free Europe/Radio Liberty and UA:PBC. Bohdan clarified on August 23 that he was suing over Schemes’ reports about his repeated travel to visit oligarch Ihor Kolomoiskyy abroad, which he asserted were false.

National Security: In the context of the continuing conventional conflict in the Donbas, as well as continuing Russian disinformation and cyber campaigns, authorities took measures to prohibit, regulate, and occasionally censor information deemed a national security threat, particularly those emanating from Russia and promoting pro-Russian lines.

The government continued the practice of banning specific works by Russian actors, film directors, and singers, as well as imposing sanctions on pro-Russian journalists. According to the State Film Agency, as of mid-September approximately 800 films and television shows had been banned on national security grounds since 2014. In response to Russia’s continued barrage of cyberattacks and disinformation as part of its efforts to destabilize Ukraine, the government maintained its ban on the operations of almost 600 companies and 1,228 persons that allegedly posed a “threat to information and the cyber security of the state.” Among them were two widely used social networks based in Russia and major Russian television channels as well as smaller Russian channels that operated independently of state control.

There were reports that the government used noncompliance with national security-related content bans to pressure outlets perceived as having a pro-Russian editorial policy. For example, on February 7, the National Council on Television and Radio Broadcast imposed a fine on NewsOne TV, a channel owned by associates of Russian-backed Ukrainian politician Viktor Medvedchuk, for alleged “hate speech and propaganda promoting conflict and national hatred.” According to the National Council, monitoring of NewsOne TV broadcasts from late 2018 to early 2019 revealed “calls for aggressive actions, incitement of national, racial, or religious hatred, and justification of aggression against the territorial integrity” of Ukraine. On July 8, NewsOne announced that it had cancelled a planned July 12 joint live television program with the state-owned Russian television channel Rossiya 24, which is banned in the country, because of threats of violence. The proposed program, announced the day before on Russian state-owned television, was to be called We Have to Talk and would have linked up two studios in Kyiv and Moscow for a purportedly “apolitical” discussion between “everyday people” in the two countries the week ahead of parliamentary elections. The program’s announcement sparked public outrage, a protest outside NewsOne’s offices, and widespread condemnation from officials. On July 8, the prosecutor general called the program “attempted treason” and announced that NewsOne’s leadership had been called in for interrogation, while the SBU issued a warning letter to NewsOne. The National Security and Defense Council convened to discuss the program on July 8, after which the council’s head stated: “State bodies, including the SBU and National Police have received a number of orders, including in regards to defending the information space. Additional details cannot be revealed because of secrecy.” On July 10, the prosecutor general announced that a criminal case had been opened against NewsOne’s owner, Member of Parliament Taras Kozak, for “financing terrorism.” On July 9, Derzhkomteleradio announced it would hold an unscheduled inspection of NewsOne, which it conducted on July 24. On September 10, Derzhkomteleradio filed a lawsuit in a Kyiv district court seeking the revocation of the license, based upon its “incitement to hatred in Ukrainian society.”

On September 26, Derzhkomteleradio ruled that five affiliated media companies of pro-Russian Channel 112 TV violated their license conditions by changing their program concepts without required approvals. As a result of the decision, Channel 112 TV could not be broadcast by digital terrestrial signal in the country, but it was still available on satellite and cable networks. The OSCE representative on freedom of the media expressed concern about the decision, while a coalition of independent Ukrainian media watchdogs issued a statement of support of Derzhkomteleradio’s decision.

On August 19, the Supreme Court upheld a 2018 ban by the Lviv Oblast Council on all Russian-language books, films, and songs, in order to combat “hybrid warfare” by Russia. The Zhytomyr and Ternopil Oblast Councils mirrored this measure on October 25 and November 6, respectively, in 2018. There were no reported attempts at enforcing these bans.

Media professionals continued to experience pressure from the SBU, the military, and other officials when reporting on sensitive issues, such as military losses. For example, on November 6, the Joint Forces Operation (JFO) headquarters refused to accredit photo correspondent Maks Levin because of his reporting from the area of disengagement near Zolote, which the headquarters claimed violated the rules on reporting in the area of JFO in unspecified ways.

Authorities continued to deport and bar entry to foreign journalists on national security grounds. For example, on March 24, the State Border Service denied entry to Marc Innaro, a Moscow correspondent of the Italian public service broadcaster RAI and his colleague, a cameraman, claiming he “frequently engaged in anti-Ukrainian rhetoric in his reports.”

Nongovernmental Impact: There were reports that radical groups committed attacks on journalists. For example, according to press reports, on July 30, approximately a dozen members of the radical group Tradition and Order broke down the door of the state-run Ukrinform news agency in Kyiv and disrupted a press conference by parliamentary candidates who were alleging fraud in the July parliamentary election. They attacked and injured three Ukrinform staff members and poured water and threw eggs around the room. Police opened a criminal investigation into the incident, but as of November no arrests had been made.

The ability to exercise freedom of expression reportedly remained extremely limited in territory controlled by the “DPR” and “LPR.” Based on HRMMU media monitoring, critical independent media on the territory controlled by Russia-led forces was nonexistent. According to CyberLab Ukraine, an independent digital forensic analysis organization, the authorities in the “LPR” blocked more than 50 Ukrainian news outlets.

The HRMMU reported that journalists entering Russia-controlled territory of the “DPR” had to inform the “press center” of the “ministry of defense” about their activities on a daily basis, were arbitrarily required to show video footage at checkpoints, and were accompanied by members of armed groups when travelling close to the contact line.

On October 22, press outlets reported that a “court” in the “DPR” convicted journalist Stanislav Aseyev of espionage on behalf of Ukraine and sentenced him to 15 years in prison. Human rights defenders maintained that the charges were baseless and brought in retaliation for his independent reporting on events in territory controlled by Russia-led forces. Aseyev was released December 29 as part of a Ukraine-Russia prisoner and detainee exchange.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The constitution provides for the freedom of peaceful assembly, and the government generally respected this right. There are no laws, however, regulating the process of organizing and conducting events to provide for the right, and authorities have wide discretion under a Soviet-era directive to grant or refuse permission for assemblies on grounds of protecting public order and safety. Organizers are required to inform authorities in advance of demonstrations.

During the year citizens generally exercised the right to assemble peacefully without restriction in areas of the country under government control. There were occasional reports of police using excessive force to disperse a protest. On February 9, police clashed with demonstrators, including members of violent radical group C14 and activists from the “Who Ordered Katya Handziuk” civic initiative, in Kyiv protesting at a rally by the Batkyvshchyna political party held because the one of the party’s members was allegedly complicit in the 2018 high-profile killing of activist Kateryna Handziuk (see section 1.a.). Police beat demonstrators, sprayed tear gas, and detained approximately a dozen persons. At the police station, the detained individuals were met by a crowd of supporters, who allegedly attempted to storm the station and attacked and used tear gas against police. Police reported that three officers were injured and hospitalized. An investigation into the actions of both police and the demonstrators continued as of September.

Large-scale LGBTI events including pride marches in Kyiv, Odesa, and Kharkiv took place in largely peaceful manner, protected by thousands of police officers. Police at times did not adequately protect participants from attack before or after these events, and they did not adequately protect smaller demonstrations, especially those organized by persons belonging to minority groups or opposition political movements. For example, according to press reports, organizers of a pride festival in the city of Kriviy Rih cancelled a planned march on July 24, citing the inability of police to guarantee the event’s security around the time of parliamentary elections. On December 24, the Rivne City Council voted to ban the holding of pride marches.

Events organized by women’s rights activists or the LGBTI community were regularly disrupted by members of violent radical groups. For example, on May 8, a group of approximately 10 members of C14 disrupted the gender issues festival Find the Balance in Kryvy Rih, occupying the premises shortly before the beginning of the event, putting up homophobic posters, and insulting the organizers. Police investigated the incident under hooliganism-related charges.

In Russia-controlled territory, the HRMMU observed the absence of free and peaceful assembly and noted, “such a restrictive environment, where dissenting opinions may trigger retaliation, has a long-lasting chilling effect on the population.” The HRMMU also noted the only demonstrations permitted in these areas were ones in support of local “authorities,” often apparently organized by Russia-led forces with forced public participation.

Uruguay

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combines to promote freedom of expression, including for the press.

Violence and Harassment: The NGO CAInfo reported some cases where journalists were subjected to lawsuits and legal threats, sometimes by government officials or associations to discourage them from doing investigative reporting on certain issues.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

West Bank and Gaza

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The PA basic law generally provides for freedom of expression but does not specifically provide for freedom of the press. The PA enforced legislation that NGOs claimed restricted press and media freedom in the West Bank, including through PASF harassment, intimidation, and arrest.

In Gaza, Hamas restricted press freedom through arrests and interrogations of journalists, as well as harassment and limitations on access and movement for some journalists. These restrictions led many journalists to self-censor. During the March Bidna Na’eesh (We Want to Live) protests, Hamas arrested 23 journalists, according to rights groups.

Israeli civil and military law provides limited protections of freedom of expression and press for Palestinian residents of the West Bank. NGOs and Palestinian journalists alleged that Israeli authorities restricted press coverage and placed limits on certain forms of expression–particularly by restricting Palestinian journalists’ movement, as well as through violence, arrests, closure of media outlets, and intimidation, according to media reports and the Palestinian Center for Development and Media Freedoms. The Israeli government stated it allows journalists maximum freedom to work and investigates any allegations of mistreatment of journalists.

Freedom of Expression: Although no PA law prohibits criticism of the government, media reports indicated PA authorities arrested West Bank Palestinian journalists and social media activists who criticized or covered events that criticized the PA.

On February 24, the PASF detained photojournalist Mohammad Dweik while he filmed a protest against the National Social Insurance Law, according to media reports; he was later released after deleting the content from his camera.

The law restricts the publication of material that endangers the “integrity of the Palestinian state.” The PA arrested West Bank journalists and blocked websites associated with political rivals, including sites affiliated with political parties and opposition groups critical of the Fatah-controlled PA. Websites blocked during 2018 continued to be blocked throughout the year.

According to HRW, the PA arrested 1,609 individuals between January 2018 and April 2019 for insulting “higher authorities” and creating “sectarian strife.” HRW stated these charges “criminalize peaceful dissent.” The PA arrested more than 750 persons during this period for social media posts, according to data provided to HRW.

In Gaza, Hamas authorities arrested, interrogated, seized property from, and harassed Palestinians who publicly criticized them. Media practitioners accused of publicly criticizing Hamas, including civil society and youth activists, social media advocates, and journalists, faced punitive measures, including raids on their facilities and residences, arbitrary detention, and denial of permission to travel outside Gaza. In January, Hamas arrested the Palestinian comedian Ali Nassman after he released a song on YouTube mocking a Hamas policy, according to media. He was released later that day. In April, Hamas arrested Palestinian comedian Hussam Khalaf for mocking the same Hamas policy, and he was released the next day.

Press and Media, Including Online Media: Independent Palestinian media operated under restrictions in the West Bank and Gaza. The PA Ministry of Information requested that Israeli reporters covering events in the West Bank register with the ministry. According to the PA deputy minister of information, the ministry provides permits to Israeli journalists only if they do not live in a settlement. While officially the PA was open to Israeli reporters covering events in the West Bank, at times Palestinian journalists reportedly pressured Israeli journalists not to attend PA events.

Hamas de facto authorities permitted broadcasts within Gaza of reporting and interviews featuring PA officials. Hamas allowed, with some restrictions, the operation of non-Hamas-affiliated broadcast media in Gaza. For example, the PA-supported Palestine TV continued to operate in Gaza.

On May 26, the Hamas de facto government Ministries of Interior and Information in Gaza prevented PA-owned newspaper Al Hayat Al Jadida from distributing its paper based on the claim that the outlet published provocative material that incited violence and disrupted the civil peace.

In March, Hamas security arrested Rafat al-Qedra, the general manager of Palestine TV in Gaza. According to media outlets, they confiscated his mobile telephone and personal laptop before releasing him.

In areas of the West Bank to which Israel controls access, Palestinian journalists claimed Israeli authorities restricted their freedom of movement and ability to cover stories. The ISF does not recognize Palestinian press credentials or credentials from the International Federation of Journalists. Few Palestinians held Israeli press credentials.

There were reports of Israeli forces detaining journalists in the West Bank, including the August 6 detention in Burqin of Muhammed Ateeq, who was held for 10 days, and the August 29 detention of photojournalist Hasan Dabbous in his village near Ramallah. According to Israeli authorities, Ateeq was arrested on suspicion of endangering the security of the area.

On June 10, an Israeli military court indicted Palestinian journalist Lama Khater, who was arrested alongside five other journalists in July 2018, for incitement to violence through her writing and sentenced her to 13 months in prison, including time already served, according to media reports. She was released on July 26. Khater claimed she was mistreated during interrogation, including being chained to a chair for 10 to 20 hours a day for more than a month, according to media reports. According to Israeli authorities, Khater admitted to membership in Hamas, an illegal organization, and was sentenced as part of a plea bargain.

Violence and Harassment: There were numerous reports that the PA harassed, detained (occasionally with violence), prosecuted, and fined journalists in the West Bank during the year based on their reporting.

The PA occasionally obstructed the West Bank activities of media organizations with Hamas sympathies and limited media coverage critical of the PA.

The PA also had an inconsistent record of protecting Israeli and international journalists in the West Bank from harassment by Palestinian civilians or their own personnel.

In Gaza, Hamas at times arrested, harassed, and pressured, sometimes violently, journalists critical of its policies. Hamas reportedly summoned and detained Palestinian journalists for questioning to intimidate them. Hamas also constrained journalists’ freedom of movement within Gaza during the year, attempting to ban access to some official buildings.

Throughout the year there were reports of Israeli actions that prevented Palestinian or Arab-Israeli journalists from covering news stories in the West Bank and Gaza. These actions included alleged harassment by Israeli soldiers and acts of violence against journalists. Palestinian journalists also claimed that Israeli security forces detained Palestinian journalists and forced them to delete images and videos under threat of violence, arrest, or administrative detention. On August 2, ISF detained AP photojournalist Eyad Hamad for several hours while he was reporting on house demolitions in the Wadi al-Hummous area of East Jerusalem, according to rights groups and media reports. The government of Israel stated it could find no record of this incident.

On July 24, Reporters without Borders alleged the IDF was intentionally targeting the media after five Palestinian journalists were injured in the span of four days while covering events in the West Bank and Gaza. At least two of the injured journalists were wearing vests marked “press” when the IDF allegedly fired at them with live rounds, according to media reports. One of the journalists, Sami Misran of Al-Aqsa TV, allegedly lost the use of an eye, according to the Times of Israel. The IDF stated it does not target journalists. According to the government of Israel, allegations of misconduct regarding the Gaza protests were being examined by the Fact Finding Assessment Mechanism, which will be reviewed by the MAG to determine whether there are reasonable grounds for criminal investigations.

On May 4, the Israeli air force shelled and destroyed a Gazan building that included the offices of local and regional media agencies and institutes, including the Turkish Anadolu Agency, the Prisoners Media Center, the Hala Media Training Center, and the Abdullah Hourani Studies Center, according to media reports. The IDF stated it targeted the building because it housed other offices related to Hamas and that it did not intend to destroy the media offices.

Censorship or Content Restrictions: The PA prohibits calls for violence, displays of arms, and racist slogans in PA-funded and -controlled official media. There were no confirmed reports of any legal action against, or prosecution of, any person publishing items counter to these PA rules. Media throughout the West Bank and Gaza reported practicing self-censorship. There were reports of PA authorities seeking to erase images or footage from journalists’ cameras or cell phones.

According to media reports, the PASF confiscated equipment from journalist Thaer Fakhouri in Hebron and arrested him for posting “incitement information” on social media platforms. He was held for four days and obliged to pay a fine before being released.

In Gaza civil society organizations reported Hamas censored television programs and written materials, such as newspapers and books.

The Israeli government raided and closed West Bank Palestinian media sources, primarily on the basis of allegations they incited violence against Israeli civilians or security services. Acts of incitement under military law are punishable by up to 10 years’ imprisonment. NGOs and other observers said Israeli military regulations were vaguely worded and open to interpretation. The ISF generally cited two laws in its military orders when closing Palestinian radio stations–the 1945 Defense Emergency Regulations and the 2009 Order Concerning Security Provisions. These laws generally define incitement as an attempt to influence public opinion in a manner that could harm public safety or public order.

Libel/Slander Laws: There were some accusations of slander or libel against journalists and activists in the West Bank and Gaza.

A case continued in Ramallah Magistrate’s Court in which London-based al-Arabi al-Jadeed disputed a 2016 closure order by the PA following an investigative report about torture in PA prisons.

HRW reported that Gazan authorities charged journalist Hajar Harb with slander for an investigative piece she wrote in 2016 accusing doctors in Gaza’s health ministry of writing false reports to allow healthy people to leave Gaza for treatment in return for payment. She was convicted in absentia in 2017. She returned to Gaza in 2018 and was granted a new trial. In March she was acquitted on appeal.

National Security: Human rights NGOs alleged that the PA restricted the activities of journalists on national security grounds.

b. Freedoms of Peaceful Assembly and Association

Authorities in the West Bank and Gaza limited and restricted Palestinian residents’ freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

PA law permits public meetings, processions, and assemblies within legal limits. It requires permits for rallies, demonstrations, and large cultural events. Both the PA and Hamas security forces selectively restricted or dispersed peaceful protests and demonstrations in the West Bank and Gaza during the year.

After a new social security law was passed and published in the official gazette, the United Movement against the Social Security Law called for a commercial strike in Hebron on January 15 in opposition to the law, according to the Human Rights and Democracy Media Center (SHAMS) and media reports. PA police arrested and investigated several of the protesters and held them overnight, according to SHAMS.

According to a Hamas decree, any public assembly or celebration in Gaza requires prior permission. Hamas used arbitrary arrest to prevent some events from taking place, particularly the Bidna Na’eesh (We Want to Live) protest (see section 1.d., Arbitrary Arrest) and political events affiliated with Fatah. Hamas also attempted to impede criticism of Hamas policies by imposing arbitrary demands for the approval of meetings on political or social topics.

A 1967 Israeli military order stipulates that a “political” gathering of 10 or more persons requires a permit from the regional commander of military forces, which Israeli commanders rarely granted. The penalty for a breach of the order is up to 10 years’ imprisonment or a heavy fine. Israeli military law prohibits insulting a soldier, participating in an unpermitted rally, and “incitement” (encouraging others to engage in civil disobedience). Palestinian human rights activist Issa Amro faced 16 charges in a trial underway in an Israeli military court that began in 2016. The charges include participation in a march without a permit, assaulting a soldier, and incitement, according to rights groups. Human rights organizations such as Amnesty International stated Amro’s actions during these incidents were consistent with nonviolent civil disobedience. The latest hearing in his case took place in September. Ha’aretz reported the IDF detained Amro at least 20 times at various checkpoints from May to July 2018. In August, IDF soldiers detained Amro at a checkpoint in Hebron and released him two hours later with no explanation, according to rights groups.

The IDF Central Command declared areas of the West Bank to be “closed military zones” in which it prohibited Palestinian public assembly. It maintained the same designation on Fridays for areas adjacent to the security barrier in the Palestinian villages of Bil’in and Ni’lin during hours when Palestinian, Israeli, and international activists regularly demonstrated there. There were frequent skirmishes between protesters and ISF personnel.