The Freedom of the Press in Greece on Rapid Decline

By Claire E. Montgomery

Greece, a country that guarantees the freedom of the press, was ranked the lowest of all European Union countries in the Reporters Without Borders’ 2023 World Press Freedom index.[1] The government’s response to this report was no surprise as it behaved the same way it does towards the media — dismiss, discredit, and silence the viewpoints inconsistent with those of the government.[2]

Article 14 of the Greece Constitution guarantees “[e]very person may express and propagate his thoughts orally, in writing and through the press in compliance with the laws of the state.” [3] Furthermore, “[t]he press is free. Censorship and all other preventive measures are prohibited.”[4] Yet, even the Constitution itself goes on to allow for seizure of newspapers that contain “an insult against the person of the President of the Republic.”[5] On November 11, 2021, the Greek Parliament approved a Penal Code amendment expanding the restrictions of press freedom even further.[6]

Under article 191 of the Penal Code, the dissemination, in public or online, of any information that ‘causes concern or fear among citizens’ or ‘disturbs public confidence in the national economy, defence or public health’ is now punishable by a prison sentence ranging from three months to five years. If the offence is committed repeatedly in the media or online, the minimum sentence increases to six months in prison. These penalties are not limited to the person who is the source of the information. They also apply to the owners and directors of the media that publish it, or simply publish links to it.[7]

The broad amendment, in effect, makes it a crime to publish or spread “fake news.”[8] The issues with the amendment are abundant.[9] The text fails to define what fake news is, any standards that should be used, whether there must be actual harm, or any balancing interests of freedom of speech.[10]

Not only is the new legislation contrary to Greece’s Constitution, but it is contrary to acts of the European Union.[11] Article 11 of the European Union Charter of Fundamental Rights guarantees: “(1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. (2) The freedom and pluralism of the media shall be respected.”[12] Surely, restricting the media in any way seen fit by the Greece government does not comply with the requirement to respect the media under European Union law. The law is broad enough to provide almost no limitations on the government’s control — In fact, multiple efforts were made prior to its enactment for the language being too vague.[13] Calling on parliament to withdraw the law, a network of media freedom non-governmental groups Media Freedom Response stated:

We believe the draft law’s vague definition and punitive sanctions would undermine the freedom of the press and have a chilling effect at a time when independent journalism is already under pressure in Greece. . . . [T]he passing of heavy-handed legislation by governments which grants regulators or prosecutors the power to decide true from false and levy punitive fines on the press is not the correct response and would result in more harm than good.[14]

Legislation aimed at restricting the press is only one of the many problems reporters face in Greece.[15] Journalists face increased scrutiny by other branches of the government — the police force.[16] During coverage of public demonstrations and the refugee crisis, police regularly resort to arbitrary uses of violence in controlling and silencing the masses.[17] Reporters are arrested simply for doing their jobs, while others are victims of police abuse and spend twelve years in court trying to hold the police accountable.[18]

Greece flag for freedom of the press symbol. Image courtesy of Sarantis Michalopoulos, Greek government calls Reporters Without Borders ‘unreliable’, Euractiv (May 4, 2023), https://www.euractiv.com/section/politics/news/greek-government-calls-reporters-without-borders-unreliable-2/.

The government has successfully negated not only the medias’ sense of independence from government scrutiny, but their individual safety as well.[19] A Greece researcher at Human Rights Watch said, “[t]he Greek government should stop pushing censorship on journalists, civil society and the public,” and instead, “[i]f it is serious about tackling the spread of misinformation, it should demonstrate its commitment to freedom of expression and media freedom, not silence its critics through the threat of criminal prosecutions.”[20]

Although this seems simple, the government has engaged in no such attempts. Instead, new methods to silencing the media come to light each year, and the profession becomes increasingly difficult to do effectively.[21] Two Greek investigative journalists shared their stories: Eliza Triantafillou feels trepidation when she opens her apartment door for the fear that someone rummaged through her belongings while she was out; and Thodoris Chondrogiannos attends his confidential meetings without his smartphone as a result of his colleagues phones being hacked by the government.[22] A journalist, simply tending to the demands of their work, should not have to leave and return home in fear or without their necessary belongings.

While journalists suffer to provide the public with the truths of their country, the public faith and trust in the media is on rapid decline — the risk is increasing while the reward is decreasing.[23] A study conducted by the Reuters Institute for the Study of Journalism at the University of Oxford showed the sad realities of the public opinions surrounding the media.[24] With some of the lowest numbers of all countries, the public survey reflected that on 27% of the populations trusts the news.[25] Equally alarming, only 30% of the public trusts their preferred news source,[26] perhaps unhappy with all potential outlets. And perhaps the worst of all, only 7% of the population thinks that the media is independent from undue political or government influence.[27]

The governments abuse and mistreatment of the media has had a trickle effect into lower governmental departments and the public alike.[28] Although the media are struggling, the best thing the reporters and journalist can do is their job. The journalists persevering and exposing the mistreatment and restrictions imposed by the government, perhaps, could increase the public’s trust in the media. Greece does have an effective legislative body,[29] but in this situation, the legislation is part of the problem, not the solution. The best option looking forward is for Greece to stay true to its Constitution and remember “the press is free.”[30]

[1] Eva Cossé, Greece Stuck at Bottom of EU on Press Freedom, Human Rights Watch (May 5, 2023), https://www.hrw.org/news/2023/05/05/greece-stuck-bottom-eu-press-freedom.

[2] Id.

[3] The Constitution of Greece, June 11, 1975, art. 14.

[4] Id.

[5] Id.

[6] New Greek Law Against Disinformation Endangers Press Freedom, Reporters Without Borders (Jan. 12, 2021), https://rsf.org/en/new-greek-law-against-disinformation-endangers-press-freedom

[7] Id.

[8] Mary Drosopoulos, Greece: Media Freedom is Stifled Also by Criminalizing “Fake News”, Osservatorio Balcani Caucaso Transeuropa (Jan. 6, 2022), https://www.balcanicaucaso.org/eng/Areas/Greece/Greece-media-freedom-is-stifled-also-by-criminalising-fake-news-218512.

[9] Greece: Alleged ‘Fake News’ Made a Crime, Human Rights Watch (Nov. 17, 2021), https://www.hrw.org/news/2021/11/17/greece-alleged-fake-news-made-crime.

[10] Id.

[11] Greece: Alleged ‘Fake News’ Made a Crime, supra note 9.

[12] EU Charter of Fundamental Rights, Article 11 – Freedom of Expression, FRA (Dec. 14, 2007), https://fra.europa.eu/en/eu-charter/article/11-freedom-expression-and-information#:~:text=1.,authority%20and%20regardless%20of%20frontiers.

[13] Greece: Alleged ‘Fake News’ Made a Crime, supra note 9.

[14] Id.

[15] Greece, Reporters Without Borders, https://rsf.org/en/country/greece (last visited Sept. 10, 2023).

[16] Id.

[17] Id.

[18] Id.

[19] Nektaria Stamouli, Greek Media Under Threat, Says Report, Politico (Mar. 28, 2022), https://www.politico.eu/article/greek-media-under-threat-says-report/.

[20] Greece: Alleged ‘Fake News’ Made a Crime, supra note 9.

[21] Cain Burdeau, Press Freedom is Under Attack in Europe. Greece is Exhibit A, Courthouse News (Mar. 21, 2023), https://www.courthousenews.com/press-freedom-is-under-attack-in-europe-greece-is-exhibit-a/.

[22] Id.

[23] Antonis Kalogeropoulos, Greece, Reuters Institute (June 15, 2022), https://reutersinstitute.politics.ox.ac.uk/digital-news-report/2022/greece.

[24] Id.

[25] Id.

[26] Id.

[27] Id.

[28] Id.

[29] Government Capacity to Assure High Quality Regulation in Greece, Organisation for Economic Co-Operation and Development (2001), https://www.oecd.org/greece/2475366.pdf.

[30] Constitution of Greece, supra note 3.