Media laws at Greece
Greece's media law framework is primarily based on its Constitution, supplemented by specific laws for various media sectors and influenced by its membership in the European Union. While the country has strong constitutional guarantees for freedom of expression and the press, it has faced considerable criticism in recent years regarding the practical application of these laws and the overall state of media freedom.
1. Constitutional Guarantees:
Article 14 of the Constitution of Greece (1975, revised): This is the core provision guaranteeing freedom of expression and the press. It states:
"Every person may express and propagate his thoughts orally, in writing and through the press in compliance with the laws of the State."
"The press is free. Censorship and all other preventive measures are prohibited."
It also guarantees the right to reply for those offended by inaccurate or insulting publications.
Limitations on Seizure: While censorship is prohibited, the Constitution does allow for the seizure of publications after circulation in specific, exceptional cases, such as: offenses against religion, insult against the President, disclosure of military secrets, publications aiming at violent overthrow of the regime, or obscene publications. In such cases, strict judicial oversight is required, with prompt review by a judicial council.
Article 15 of the Constitution: This article distinguishes between print media and electronic media, stating that "protective provisions for the press are not applicable to films, sound recordings, radio, television or any other similar medium for the transmission of speech or images. Radio and television shall be under the direct control of the state." This latter part has been a point of ongoing debate and legislative reform, aiming to ensure the independence of the regulatory authority.
Article 14(9): This important provision foresees that media ownership and financing are registered and explicitly prohibits concentration of ownership.
2. Key Legislation and Policies:
Criminal Code (Articles 361-364):
Defamation, insult, and slander have historically been, and largely remain, criminalized in Greece. While Law 5090/2024 decriminalized simple defamation, penalties for aggravated defamation remain. This is a significant point of concern for press freedom advocates, as criminal defamation can lead to imprisonment and has been used to pressure journalists.
Defaming the Head of the State (President) is a specific crime (Art. 168).
Malicious blasphemy and publicly reviling the Eastern Orthodox Church or any other tolerated religion are also criminal offenses (Articles 198, 199).
Broadcasting Laws (e.g., Law 1730/1987, Law 1866/1989, Law 2328/1995, Law 4324/2015, Law 4779/2021): These laws govern the public broadcaster (Hellenic Broadcasting Company - ERT) and private radio and television stations. They regulate:
Licensing procedures.
Content quality, objectivity, and impartiality requirements for broadcasters.
Restrictions on media ownership concentration (though enforcement has been criticized).
The recent European Media Freedom Act (EMFA), enacted by the EU in 2024, introduces new requirements for Greece regarding transparency in media subsidies and reducing state influence over media outlets, which will necessitate further alignment in Greek law.
Press Law (Law 1092/1938, amended): This older law still outlines obligations for the press, such as respecting personality and privacy, publishing corrections for untrue facts, respecting varying opinions, and avoiding causing unnecessary public panic. Amendments in 2015 aimed to prevent disproportionate fees against media outlets in civil defamation cases.
Law 5062/2023: Aims to enhance protections for journalistic sources and promote media independence, though concerns about enforcement remain.
Whistleblower Protection Act (2022, extended by Law 5095/2024): Offers protections for whistleblowers, now covering bribery and influence trading, which can indirectly aid investigative journalism. The National Transparency Authority (NTA), operational since August 2023, manages an external reporting channel.
Law 5002/2022: Aims to protect citizens from surveillance software. However, critics note it lacks specific provisions for the protection of journalists and media workers.
Law No. 5103/2024: Focuses on the protection and promotion of Greek-language music, including airplay quotas for radio stations.
Act on Access to Information Held by Administrative Organs (1999 amendment to the Administrative Procedure Code): Establishes the right to access information from government agencies, though restrictions apply for national security, criminal investigations, and privacy concerns.
Law 3592/2007 (Law of the Basic Shareholder): Attempts to regulate cross-ownership and limit foreign shareholding in media companies (e.g., maximum 25% for foreign companies in a Greek media company), but has been criticized for failing to ensure transparency and pluralism.
3. Regulatory Bodies:
National Council for Radio and Television (NCRTV / ESR): This is the independent supervisory and regulatory administrative authority for the radio and television market, established in 1989. Its role includes:
Granting licenses to private broadcasters.
Ensuring compliance with broadcasting laws and codes.
Monitoring program quality, objectivity, and pluralism.
Imposing penalties for violations.
However, the NCRTV has faced criticism for perceived political interference, particularly in the appointment process of its members, and for its lack of effectiveness due to limited resources.
Ministry of Digital Governance (formerly Ministry of Digital Policy, Media and Telecommunications): This ministry plays a key role in coordinating and implementing digital and telecommunications policy, and broad media policy, including legislative initiatives.
The Courts: The Greek judicial system handles civil and criminal cases related to media, including defamation lawsuits, privacy violations, and challenges to regulatory decisions.
4. Key Challenges and Concerns in Practice:
SLAPPs (Strategic Lawsuits Against Public Participation): Journalists in Greece are highly vulnerable to SLAPPs, which are vexatious lawsuits often filed by powerful individuals to silence critical reporting. While the EU has an anti-SLAPP Directive, Greece's national legislation to fully transpose it is still pending, leaving journalists exposed. Recent court rulings dismissing some SLAPPs against journalists in the spyware scandal have offered some hope, but the overall threat remains.
Criminal Defamation: Despite the partial decriminalization, the retention of aggravated defamation and other "insult" crimes in the Penal Code continues to be a tool for legal harassment.
Surveillance: The Predator spyware scandal, which involved the surveillance of journalists, highlighted serious concerns about the protection of journalistic sources and digital safety, with calls for stronger legal safeguards. Law 5002/2022, while addressing surveillance, has been criticized for not specifically protecting journalists.
Media Ownership Concentration: Media ownership remains highly concentrated in Greece, often in the hands of wealthy individuals with diverse business interests, leading to concerns about lack of pluralism and editorial independence. Digital media lacks clear regulatory oversight in this regard.
Political Interference: Political influence over both public and private media, including the appointment process of the NCRTV, remains a significant challenge.
Safety of Journalists: Greece has a worrying record regarding the safety of journalists, including unsolved murders (e.g., Giorgos Karaivaz in 2021) and physical assaults. There's an ongoing Task Force for the Safety and Empowerment of Journalists and a new collective labor agreement for public sector journalists to improve working conditions and safety.
Misuse of State Funds: State advertising is inadequately regulated, with concerns it functions as an indirect subsidy in exchange for favorable government coverage.
Online Insults and Cybersecurity: While new regulations like Law 5103/2024 exist, the broader challenges of online insults, misinformation, and cyber security for media organizations are ongoing.
In conclusion, Greece's media laws offer constitutional protections for freedom of expression, and it is actively engaged in aligning with EU standards, particularly with the new European Media Freedom Act. However, significant challenges persist, particularly concerning the practical implementation of laws, the use of legal intimidation (SLAPPs, criminal defamation), issues of media ownership and political influence, and the safety of journalists.
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