The EU has a bone to pick with Italy, especially when it comes to media freedom. That’s one of the conclusions of the European Commission's Rule of Law report, published last week. It expresses concern that media independence and journalist safety are increasingly at risk in the EU's third-largest member.
The report, the Commission's fifth such publication, outlines how well (or poorly) each member state adheres to the rule of law. In addition to media issues, the report covers national justice systems, anti-corruption frameworks and other institutional checks and balances.
The Commission makes recommendations for each member. This year’s analysis found that 68% of its 2023 recommendations have been either fully or partially addressed. The report is a “preventive tool,” Věra Jourová, vice president of the European Commission for Values and Transparency, said when the report was released.
The purpose of the report is to start a dialogue between the EU and the member states, as a means of avoiding Article 7 proceedings. That is the section of the Treaty on European Union that outlines how to suspend a member's rights due to repeated violations of EU principles.
In its recommendations, the Commission called on Italy to guarantee the independence of the public media.
“We have been expressing the need for safeguards for years now, but with new incidents reported by stakeholders and budget cuts, this is becoming very urgent,” Jourová said.
Italy's public broadcaster, Radiotelevisione italiana (RAI), made headlines earlier this year when some of its staff went on strike. The action was in response to what they saw as a government effort to turn the broadcaster into a “megaphone of the ruling party.”
The Commission has also instructed Italy to “continue the legislative process on the draft reform on defamation.” As it stands, journalists found guilty of defamation risk prison, a penalty that was supposed to be abolished. Now, an amendment foresees a sentence of up to four-and-a-half years.
The EU's 2023 Rule of Law report cited the same problem. Press freedom in Italy is an “endemic issue,” Julie Majerczak, the head of the Brussels Office of Reporters Without Borders, told The Parliament.
Here is more of her interview.
How would you characterise Italy's media landscape?
The Italian media landscape is still quite developed and has a wide range of media outlets that guarantee a diversity of opinions. But press freedom has steadily declined in recent years and reaching an alarming level in the last two years. In [the] RSF 2024 World Press Freedom Index, Italy dropped five spots to the 46th place out of 180, and from the ‘satisfactory’ to the ’problematic’ zone. It is the ninth worst country in the EU.
And this deterioration is marked by a growing political indifference in public media, the increasing use of legal intimidation [against] journalists, including from political figures. And the safety and working condition of journalists remain an issue. And this is mentioned in the Rule of Law report and that can drive [journalists] to self-censorship. Journalists continue to be threatened by mafia as well as by various, small violent extremist groups.
Journalists who investigate organised crime and corruption are systematically threatened and sometimes subjected to physical violence for their investigative work. About 20 journalists currently live under permanent police protection after being targets of intimidation and attacks. And there's also some economic issues, which result in a growing precariousness of the media.
Has the situation deteriorated under the Meloni government?
Under this coalition, press freedom has been under increased pressure. That's why the Rule of Law report is even tougher than last year.
Public media service is a major concern. RAI’s independence especially, because it represents the source of news most frequently used by the Italian[s]. And after Meloni took power [in October 2022], she replaced the CEO and the management. It's an endemic issue in Italy, because the management of RAI is traditionally highly politicised. I think there is an endemic problem with the independence of RAI, which is still going on under Meloni’s [government]. And that is something that needs to be tackled.
The Commission also mentioned intimidation of journalists through litigation. What is the status of protecting journalists from defamation suits?
For example, journalists working for the left-leaning newspaper called Domani, which investigates government scandals, they are exposed to criminal investigation and [a] defamation procedure, even though Meloni has just withdrawn her latest complaint.
Public-interest journalism is threatened by exorbitant damages and interest claims in civil SLAPP suits brought by economic or government actors. Journalists are also exposed to criminal investigation and defamation proceedings. In Italy, defamation is still a criminal offence, which the Commission, in its Rule of Law report, calls on the Italian government to reform.
What other issues did the commission identify?
So [journalists] are really facing physical attacks, death threats and many [forms] of intimidation. The latest case is the arson attack on journalist Rossella Puccio in Palermo in April 2023.
There's also the problem of far-right [groups]. A week ago, on July 22nd in Turin, a journalist from la Stampa, Andrea Joly, was attacked by a far-right militant during a festival rally organised by the neo-fascist association, CasaPound.
What actions need to be taken now?
I think the main problems are well identified by the Commission. The problem now [is] to do the next step, because press freedom deserves more than recommendations only. I think it's time for the Commission to put more pressure on the member states to cooperate.
The [Italian] government must swiftly comply with the European legislation. It's not an option. You know, the European [Media] Freedom Act, the anti-SLAPP directive and the recommendation on safety of journalists, which [is] maybe less binding than the two first thing[s] I mentioned.
That's the first step. And if they don't, then it's for the Commission to launch infringement proceedings and even cut off EU fund[s], if necessary, because press freedom cannot be optional. It's the backbone of our democracies.
This interview has been edited for length and clarity.