How to write about anti-Latvian policies in the run-up to the elections

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Latvia has entered a period of pre-election campaigning, which limits investigative and analytical journalism. In order to call for the immediate closure of the country's only openly pro-Kremlin political force, which supports Russia's invasion of Ukraine and does not recognize the fact of Latvia's occupation, this article would have to be paid for by the author himself as an outsider. Otherwise, it is forbidden to express an opinion based on an analysis of the facts. This is absurd.

The pre-election campaign period lasts, according to the law, 120 days before the elections, and during this period both politicians and their admirers or critics can say something good or bad about politicians and their parties only if they pay a fee. Neutral facts may be disseminated free of charge. What constitutes electioneering and what does not, as well as the procedure for its conduct, are laid down in the Pre-election Campaign Law, including Article 1(3): pre-election campaign - advertising of a political party, associations of political parties, or a candidate in the mass media or otherwise if it includes a direct or indirect invitation to vote for or against a political party, association of political parties, or candidate. So both for and against. Against in order to prevent smear campaigns between parties and their supporters, but the problem is that this rule also restricts journalism and the public's ability to receive comprehensive and impartial information.

KNAB: you have to pay for your own article

Before reporting on the only pro-Kremlin party and again new hostile actions against the Latvian state by this organization and its supporters, Neatkarīgā consulted the Corruption Prevention and Combating Bureau (KNAB), the Legal Bureau of the Saeima and Adviser to the President on Legal Policy Jānis Pleps. The experts were asked one question about the substance of the planned publication: whether, on the basis of the facts gathered as a result of the research, Neatkarīgā could write that this particular party was anti-state and should be banned immediately. Ilona Marciļonoka, Senior Inspector of the Political Party Monitoring Division, provided the explanation on behalf of the Corruption Prevention and Combating Bureau. First of all, they should see the article, but in her opinion, it should not be written in this way, because it would be campaigning against the party. However, the law allows the author of the article to campaign as an outsider. Only in that case, the publication must be paid for in accordance with the media outlet's price list for the publication of campaigning. So, in the KNAB's understanding, in order to spread the message that this particular party's actions are hostile to the Latvian state and therefore the party should be closed down, I would have to pay for my own writing. Gatis Melnūdris, Senior Legal Adviser at the Saeima Legal Bureau, also admitted that KNAB could read into it the campaigning of an unrelated person. If the aim of the publication is to get that particular party excluded from the elections or not voted for, it does not matter whether the caller is another party, a person or a journalist, it meets the definition of pre-election campaigning. So it should also be charged as pre-election campaigning.

Consultation results - 2:1

Only Jānis Pleps, Adviser to the President on Legal Policy, expressed his confusion at this treatment: "I don't think that the legislator's aim with this law was to restrict investigative and analytical journalism during the pre-election period." In his opinion, this problem needs to be raised, because it is not just about one party and one case. The issue needs to be looked at more broadly. How can investigative journalists work with this interpretation of the law in general and how can they ensure that they are not penalized for their work in the run-up to the elections? Even in the run-up to an election, after all, there are various important socio-political events and conclusions that have to be reached and which must be reported in the public interest. Well, for example, with the NATO summit approaching, it would be absurd to regard a conversation with the Minister for Defense as campaigning. However, it has to be admitted that the end result of Neatkarīgā’s consultations is 2:1 against journalism. And that is why, in the run-up to the elections, Neatkarīgā will refrain from calling for the liquidation of the party in question. Because attitudes and opinions must not be expressed. However, all the experts interviewed agreed that it is permissible to report the facts in a neutral way. So let's just stick to the dry facts.

Facts about the Latvian Russian Union party

1) The State Security Service has issued a warning to the party Latvian Russian Union (Latvijas Krievu savienība) "not to commit a violation of the law that is against the security of the state or may harm it". The Service has stated that "the party's activities are aimed at justifying foreign policy and violations of international law by the Russian Federation, as well as spreading propaganda messages".

2) The State Security Service recommended that the Riga City Council should not approve the protest of the Latvian Russian Union on May 28, because "the analysis of the information shows that the planned march would further increase the threat to the democratic state order, the fundamental principles of democracy, national security interests, and would contribute to the tendency to divide society".

3) The Latvian Russian Union as a whole and a number of its members individually are included in the catalogue of Ukraine's enemies compiled by the МИРОТВОРЕЦЬ movement.

4) The Latvian Russian Union has not condemned the Russian war in Ukraine.

5) The Latvian Russian Union does not recognize the occupation of Latvia.

6) The Latvian Russian Union campaigns for bilingualism in education.

7) The Latvian Russian Union has launched a signature collection campaign to preserve Soviet "monuments and stem the tide of Russophobia" in Latvia. The signatures will be submitted to the European Parliament Committee on Petitions.

8) The political program of the Latvian Russian Union envisages more active cooperation between Latvia and state and non-state organizations of the Russian Federation, withdrawal of Latvia from NATO and demilitarization, lifting of political sanctions against Russia and Belarus, special protection of the rights of the Russian-speaking population in all countries. The creation of a single political and economic space from Vladivostok to Lisbon.

9) Tatjana Ždanoka, Co-President of the Latvian Russian Union, as a Latvian MEP, did not support the resolution against Russian aggression in Ukraine and spread in Parliament the propaganda message of the Russian Federation that Ukrainians were killing children in the Donbas.

10) The estimated state funding for the Latvian Russian Union for 2022 is €143,809.

Other facts

1) A public initiative FOR A UNIFIED SOCIETY WITHOUT THE LATVIAN RUSSIAN UNION has been submitted on the initiative portal Mana balss. The number of signatories is approaching the 10,000 needed to submit the initiative to the Saeima. According to the authors of the initiative: "With the banning of the political activities of the Latvian Russian Union, the ability of the enemies of Latvian statehood to divide our society, the glorification of the armed forces of a foreign country - Russia - the romanticizing of war - the cult of May 9 - will be significantly reduced, and the influence of Putin's bloody regime in Latvia will diminish. This is an important part of ending the mockery of Latvian history, of the occupation, of the deportation of Latvians to Siberia." In connection with the adoption of the initiative, the portal Mana balss has provided an explanatory reply to Miroslavs Mitrofanovs, co-chairman of the Latvian Russian Union, which states, among other things:

"The Latvian Russian Union's explicit and consistent support for the Kremlin narrative, which until now could be tolerated, and ManaBalss.lv has also done so, in the wake of the war in Ukraine is not only unacceptable, but also completely legitimate to be considered anti-state. This is what the initiative is about - it raises this as an issue to be considered at the highest political level."

2) The draft law "Amendments to the Law on Political Parties" is being urgently submitted to the Saeima, which provides for the addition of Article 7(4) to read as follows: "In their activities, political parties are prohibited from publicly praising, denying or justifying genocide, crimes against humanity, crimes against peace, war crimes, as well as carrying out or supporting activities aimed at undermining the territorial integrity, sovereignty, independence or constitutional order of democratic states." Parties carrying out such activities threaten Latvia's security and are contrary to Latvia's national interests, the annotation of the draft law emphasizes. Neatkarīgā fully agrees that

such a pro-Kremlin political force that supports Russia's invasion of Ukraine, does not recognize the fact of Latvia's occupation and threatens Latvia's constitutional order should be shut down immediately.

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