Luxembourg Association of Journalists "Slapp" lawsuits used by conspiracy theorists to intimidate journalists

RTL Today
The pandemic has not just exerted additional pressure on politicians, but also on the media, says ALJP president.

RTL’s Annick Goerens spoke to Roger Infalt, President of the ALJP Journalists’ Association, about the threats and legal steps against journalists in the Grand Duchy.

Pressefräiheet ALJP / Reportage Annick Goerens

Threats and personal attacks in the wake of difficult media subjects have existed for decades, but Infalt says the pandemic has exacerbated the issue: “The level of these personal remarks and threats made against journalists, or indeed entire media organisations, that has been experienced over recent months is much worse than anything we have experienced before,” he says.

The AJLP president offers some examples of concrete attacks upon Luxembourg journalists, who have been targeted in much the same way as certain politicians, with their houses being egged by protesters. Another journalist saw their personal details spread on social media after adr MP Roy Reding shared their phone number on Telegram and has since received a barrage of violent threats through texts and calls.

In addition, reporters are being hit by the increasingly frequent use of so-called “Slapp” lawsuits. These “strategic lawsuits against public participation” are often aimed at journalists, activists or organisations who draw attention to criminal acts, and are mainly used to exert pressure upon the target. Infalt says these are attempts to intimidate journalists and deter them from further critical reporting.

A “Slapp” lawsuit often demands extortionate amounts of money, as was the case for the Tageblatt newspaper. Infalt explains the paper had been gathering information on the conspiracy theorist scene in Luxembourg, identifying the most incendiary members and the people behind the movement. As a result, the paper received letters from a lawyer requesting a right of reply, which is permitted for all in Luxembourg, as well as demands for compensation to the tune of €150,000, as the clients felt their honour had been compromised by the paper’s activities.

If the sum is not paid within a certain amount of time, Infalt adds, the clients often take legal action. “These threats against journalists or editorial teams are designed to intimidate and spread fear. For individual journalists in particular, the sums demanded are so high, and the threat they might have to pay out of their own pockets looms over them. All this proves that it is not about the money as such, but instead a way of attempting to muzzle the press in a very perfidious method of intimidation.

The ALJP recommends that members of the press report any such attempts to them and also offers advice on what to do when confronted by such a complaint. The EU Commission also has a register specifically for “Slapp” lawsuits. Infalt says “This will show that it is often the same people, the same organisations, issuing these Slapp cases in order to intimidate the press. What should politicians do? They need to seriously tackle this issue, because it is not enough to simply say ‘we know it’s happening’, if there are no steps taken against it.

This is why the press law needs to be revised, because it contains a lot of things that are no longer adapted to the times, adds Infalt.

What happens to a conspiracy theorist with a press pass?

Infalt also discusses the reporter Jean-Marie Jacoby, who possesses a press pass and writes for the Lëtzebuerger Vollek publication.

Jacoby is also a known co-organiser of the “Marches blanches” anti-Covid restriction demonstrations, and has penned manifestos from the perspective of a radical anti-vaxxer and conspiracy theorist. He has publicly compared the yellow badges forcibly worn by Jews in the Second World War to CovidCheck certificates, among other things, and has written open letters to Luxembourg City mayor Lydie Polfer on what he calls “concentration camps” in Australia.

The Journalists’ Association sees this as a major deontological problem, however, Infalt explains that it is easy to remove a journalist’s press card. “There is a law and a regulation regarding press cards and the Commission will be considering this case at its next meeting. One has to look at the basis on which a person like Mr Jacoby could have their pass withdrawn or not have it reissued. But the press council must decide. From the ALJP perspective, our opinion is clear: these things that Mr Jacoby shouts into a microphone or posts on social media are not compatible with the code of ethics. On the other hand, we are also aware there is a law and a regulation that needs to be complied with.”

Extrait Roger Infalt

In the case of Jean-Marie Jacoby, it depends on whether he conducted these activities as part of his role as a journalist, or whether they were considered private pursuits.

But at any case, Jacoby’s Facebook page still states his occupation as journalist, adds Infalt.

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