All over the world, countries are creating and taking advantage of financial laws to intimidate and silence journalists, the United Nations Educational, Scientific and Cultural Organisation (UNESCO) has found.
In a 2024 report titled ‘The Misuse of Financial Laws to Pressure, Silence and Intimidate Journalists and Media Outlets’, the organisation documented its review of 120 cases between 2005 and 2024. No fewer than 72 of them were from 2019 to 2023.
They found specious allegations that required journalists to hire lawyers with expertise in tax matters, a venture that proved too costly for independent journalists and media outlets. These cases were more frequent during periods of protests and elections.
In Africa, there were 15 cases dating back to 2009. Between 2019 and 2023, nine of these cases were filed with allegations of tax evasion and extortion. Nine journalists have been jailed so far, and one received as much as a 12-year jail sentence.
The continent was not the only region where journalists faced such charges. Eurasia, 60 cases; Asia and the Pacific, 44 cases; and Latin America and the Caribbean, 7 cases.
These charges often include tax evasion, money laundering, extortion, terrorism financing, fraud, embezzlement, and receiving foreign funding.
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Part of the report reads, “The 2023 joint declaration on Media Freedom and Democracy, signed by the four freedom of expression international mandate holders, expresses concerns — for the first time — over the misuse of the law and the judicial system to attack and silence media outlets. It warns how legal proceedings, excessively extended over a lengthy period, harm journalistic work and the operation of the media. It calls for states to take measures to protect them and ensure their right to seek, receive, and disseminate information of public interest.”
According to this report, the lawsuits had implications such as censorship and self-censorship. It added, “The increase in the use of allegations of financial crimes to silence journalists and media leads to censorship and self-censorship worldwide. In certain regions, key leading independent media are targeted to send a message to others and to stop any future criticism of authorities.
“Across Central, South, and Southeast Asia and Central America, journalists routinely receive prison sentences when charged with financial crimes. This has a chilling effect, which leads to increasing risks and fears for journalists investigating corruption. In Eastern Europe and Central Asia, the tactic of bringing financial charges against journalists has been observed over a longer period. Initially targeting prominent journalists and independent news outlets, in recent years the frequency of such cases increased. It is now common for lesser-known journalists to be targeted after the established ‘effectiveness’ of such instruments to silence criticism of authorities.
“As defending against charges of financial crimes is typically complex, the focus and resources of the journalists and/or media facing such charges are diverted from delivering its core journalistic work. Moreover, illicit finance legislation allows authorities to freeze a journalist or media outlet’s assets, impeding their work and daily operations while pending trial. These actions are very effective in censoring smaller media organisations, even if temporarily, or can lead to the closure of media altogether when key staff is detained or have assets frozen.”
Other consequences could include reputational damage, economic impact, damage to media pluralism and diversity, and exile or forced displacement.
UNESCO recommended that states with these laws repeal them to allow journalists to enjoy their freedom of expression.
In Nigeria, the government uses the 2015 Cybercrimes Act to arrest, abduct, and detain journalists over reports.
No fewer than 10 journalists have been arrested in the country in 2024 over claims that they violated this controversial law.
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