22 Jul 21 | Academic Freedom, News and features, United States
[vc_row][vc_column][vc_single_image image=”117096″ img_size=”full” add_caption=”yes”][vc_column_text]A high school cheerleader has won an important victory for the right of students to express their opinions freely while off campus.
At the end of June, the US Supreme Court ruled eight to one that the rights of high school student Brandi Levy had been violated in a case dating back to 2017.
After failing to make the varsity cheerleading team, Levy had posted profanity-laced criticisms of the team roster on Snapchat while off campus at a local convenience store. The team captain kicked her off the junior varsity cheerleading team for a year as punishment.
The Supreme Court was asked to consider whether schools had the right to regulate off-campus speech; it ruled that her posts did not disrupt school operations so Levy’s rights had been violated. The court maintained that schools have a right to regulate speech in some “school-related, off-campus activities” without defining what that would look like.
David Cole, the legal director of the ACLU, called the ruling a victory for students, saying “the message from this ruling is clear – free speech is for everyone, and that includes public school students”. The director of the Pennsylvania ACLU, which represented Levy, characterised the precedent established by the ruling, saying they successfully argued that “students have greater free speech rights out of school and on their own time.”
Despite the nature of her comments, Levy was motivated to fight for her rights. She commented publicly that she was proud to have advocated for the rights of students saying, “young people need to have the ability to express themselves without worrying about being punished when they get to school”.
Recent graduates from Blake High School in Maryland broadly agree with the principle the court ruled on – that her speech did not disrupt the safety of the school.
Cole Shankel, class of 2023, said, “She’s overreacting… cheerleading is lame,” but added, “I don’t think public schools should be allowed to punish students for off-campus speech.”
Jeniffer Ventura, class of 2021, pointed out, “Being held accountable for your actions online is important,” expressing concern about online hate speech and racism affecting the safety and security of the community. Julian Kabik, also the class of 2021, stated simply, “If you are not making a deliberate threat online, then I don’t think you should be punished.”
This is the first student free speech case to favour students since the landmark 1969 case Tinker v Demois. The case considered students who had been suspended for wearing black armbands in protest at the war in Vietnam; the court ruled schools must show a substantial disruption to school operations, besides the speech being unpleasant, to restrict a student’s right to free speech.
The right of students to exercise free speech established in the case has been eroded by others since then. In 1986, Bethel v Fraser ruled that schools could regulate certain styles of expression if they were sexually vulgar. In 1989, in Hazelwood v Kuhlmeier, the court ruled schools had the right to regulate the content of school publications. In 2007, the Supreme Court ruled in Morse v Frederick that schools may restrict speech at or in view of a school-supervised event if it promoted illegal drug use. The US Court of Appeals Fourth Circuit Court in 2013 and Ninth Circuit Court in 2014 ruled a student’s dress could be restricted in two separate cases related to wearing the confederate flag or American flag, respectively. The courts ruled student dress had incited disruption, and the Supreme Court declined to hear both cases.
The Levy ruling has broken the trend in student speech law, affirming students’ off-campus rights and considering the role of extracurricular activities for the first time. A ruling against Levy would have further crippled the original 1969 ruling, allowing schools to restrict students based on their speech being unpalatable and extending a school’s authority to restrict student speech to include online and off-campus speech.
Despite this, the Levy ruling is not a decisive victory for American students’ right to free speech.
When students are on campus, schools act in loco parentis – they function in place of parents. This gives schools legal authority over minors’ rights while they are at school and formally gives all other authority over minors to their legal guardians. This doctrine and the fact that Levy was off campus when she made the posts was at the centre of the majority opinion’s arguments. Since the Levy ruling reaffirms the school’s on-campus authority over student’s rights, this aspect can be interpreted as an opening to further restrict student speech when on campus.
In questioning, some justices raised concerns about a school’s ability to punish off-campus speech that was threatening to other students. Other justices raised concerns of what schools would do with authority over off-campus speech that was politically controversial.
The justices’ questions indicate that they feel the issue of off-campus speech needs to be further unpacked. All but two of the justices are under the age of 70, and all three of former President Donald Trump’s appointments are under the age of 60. With the composition of the court being unlikely to change any time soon, the right of students to express themselves freely may yet be further eroded.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”581″][/vc_column][/vc_row]
25 Jun 21 | Europe and Central Asia, France, Germany, Hungary, Media Freedom, News and features, Portugal
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A protester with a pride flag confronts the Hungarian national team before their Euro 2020 match with Germany. Jvºrgen Fromme/DPA/PA Images
In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?
It’s simple, the worst is ranked first.
We round up the last of the groups today with Group F, which played the deciding matches on Wednesday.
1st Hungary
The recent Group F fixture between Germany and Hungary drew attention to Hungary’s poor record on free speech and censorship, when a protester carrying a pride flag ran on to the pitch. Hungary’s recent law, passed in June 2021, bans “the depiction or promotion of homosexuality to those under 18”. This includes teaching in schools and portrayals on television.
Prime Minister Victor Orbán was elected in 2010 and changed the constitution to take control of independent government institutions and initiated government policies to limit operations of opposition groups, journalists, and universities. According to non-profit Freedom House, the judiciary is unstable and controlled by the Prime Minister’s office, making it unusable in the struggle for free speech in Hungary. Reporters Without Borders (RSF) credit these policies for inspiring other European countries including Poland and Slovenia to institute similar restrictions on journalists.
Hungary’s coronavirus legislation gave the government almost unlimited power to handle the pandemic, a crisis which solidified Hungary as an information police-state where the prime minister can rule by decree without parliamentary oversight. Anti-scaremongering policies, meant to stop anyone “blocking the government’s anti-pandemic effort,” were used by Orbán to intimidate government critics and also temporarily suspended data protection policies. This fits with other incidents of government officials using their authority to suppress stories for their convenience.
Journalists who are caught conducting routine drone investigations in properties without express permission could get up to three years in prison under section 422 of the Hungarian criminal code, which focusses specifically on “illicit” data collection. Two journalists, Gabriella Horn and Balázs Gulyás, were threatened with this when investigating why military vehicles were present on land owned by businessman and friend of Orbán, Lőrinc Mészáros. It is a policy that shows the extent the government will go to, to side with government officials and oligarchs over journalists.
In May, journalist Júlia Halász appealed criminal charges of defamation and illegal recording for her publications after reporting on the harassment she endured while covering Hungarian diplomat, László Szabó.
Many journalists from the media company Magyar Hang reported government officials and their supporters harassing them for opposing Orbán’s reelection in 2018, and since the pandemic legislation, the head of the company, Csaba Lukács told the Committee to Protect Journalists, “reporting has become increasingly dangerous. This new legislation is a clear threat.”
In addition to government oppression, media publications face economic barriers in Hungary. Hungary’s government media council’s decisions have been criticised for being politicised because they prevented the consolidation of independent media companies while encouraging pro-government media outlets. Hungary’s largest independent newspaper closed in 2016, and the government oversaw the merger of hundreds of small media outlets in a major blow to Hungary’s media diversity.
2nd France
France may have placed at the top of the group on Wednesday, but their free speech record is mediocre. Generally, France has an independent judiciary, fair and free elections, and free and independent media that protect free speech rights in France.
In recent years, political turmoil has given France a bad record of violence against journalists. RSF described it as an overall “hostile environment for reporters.” Anti-immigrant and anti-Muslim demonstrations in France have been increasingly violent, and while covering them, journalists are often arbitrarily detained with their equipment seized or subjected to teargas grenades, flashbangs, and baton beating. At least two journalists in 2020 were called before French police and claimed to have experienced harassment under questioning. Policies implemented in 2010 make it possible for the government to claim “overriding public interest” to force journalists to break source confidentiality.
Journalists are targets of police violence during the recent large-scale protests over France’s “Global Security Law”, which makes it illegal to “maliciously share” images that may lead to the identification of a police officer. The police response to the Gilets Jaunes – or “Yellow Vests” – movement has been widely criticised for putting bystanders and journalists in harm’s way.
Journalists were the target of the worst terrorist attacks in France. Nine Journalists were killed in 2015 during the Charlie Hebdo shooting which was an attack on the satirical publication Charlie Hebdo. The gunmen identified themselves as members of the Islamist group, Al-Qaeda, and five years later, a second stabbing attack outside Charlie Hebdo is also suspect to have an Islamist terrorist motive.
In April of 2021, French Journalist Nadiya Lazzouni received a death threat with sexist and anti-Muslim slurs and proof that the sender had been watching her. She filed a complaint with the Paris prosecutor’s office but has not heard anything in response as of 15 April. For some journalists in France, both extremists and the police can be a threat to their safety.
3rd Germany
An active effort with constitutional safeguards to avoid repeating the country’s past has made Germany a stable democracy with well-protected civil liberties and political rights. Recent challenges with immigration have given a new rise to right-wing extremism and has created a more volatile environment for journalists. RSF’s 2021 report on Germany states “an independent judiciary ensures a favourable environment for journalists in Germany.” In recent years, the judiciary has been vital in preventing government policies that are harmful to journalists.
Despite the balanced government structure, Germany can still be a dangerous place for journalists. Extremists, mostly from the far right with some leftists, often use journalists as targets for violent attacks, and, especially during the Covid-19 pandemic, some politicians encouraged distrust in media outlets to promote populist agendas. In July of 2021, demonstrators protesting the Covid-19 lockdown physically blocked reporter’s cameras with their fists and shoved journalists while threatening them not to report on their protests. In May of 2021, Pro-Palestine demonstrators threw rocks and firecrackers at news crews in Berlin, and police used excessive force to prevent journalists from covering controversial evictions in October of 2020.
The Network Enforcement Act, a controversial law enacted in 2018, was brought in to regulate online hate speech and led to media companies deleting posts that would not have been considered hate speech. A majority of Germans, according to Freedom House, stated they are careful what they post online for fear of repercussions as a result.
Several government policies in response to extremism have been criticised for having unfair restrictions on journalism. In May of June 2021, their federal court ruled a law that was used to force journalists to reveal their sources was unconstitutional. Most recently in June 2021, a new law increased government surveillance and hacking power while removing judicial oversight and protections for Journalists during terrorism investigations, sparking concerns around protecting journalist sources from government retaliation.
4th Portugal
Portugal has a long history of restricting press freedom, but following the Portuguese Constitution guaranteeing freedom of expression in 1978, it has grown to be ranked ninth-best in RSF’s World Press Freedom Index of 2021. Despite a vocal minority that criticises the extent to which freedom of expression is allowed, Portugal now has a decent free speech record, but journalists are hindered by the economic downturn’s effect on their media industry. With a near-perfect score from Freedom House, Portugal earned a 96/100 for its effective political system and balanced judiciary Portuguese media outlets struggled with funding during the pandemic, and in response, Prime Minister António Costa advanced what the state planned to pay in government advertising to support the industry. Generally, public broadcasters have and struggle against commercial television outlets, which gives diverse viewpoints but some risk of populism.
Wrongful surveillance of journalists by police has been an issue. In January 2021, police were allegedly surveilling journalists illegally, without a court order, attempting to uncover their sources, and the Lisbon prosecutor’s office was exposed using electronic surveillance on two journalists in an attempt to reveal their sources in 2018. If charged for “breaching judicial secrets”, the two journalists could face up to two years in prison.
Another challenge Portugal has been facing is recent corruption scandals. In September of 2020, 17 people, including three judges, were charged with corruption. Portuguese authorities, complying with the international effort identified those involved and froze their assets, but some concerns remain around the poor resources provided to investigators and the ineffective anti-corruption and whistleblower protection legislation passed in 2019.
Other groups
Group A
Group B
Group C
Group D
Group E[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”8996″][/vc_column][/vc_row]
23 Jun 21 | Europe and Central Asia, Media Freedom, Poland, Slovakia, Spain, Sweden
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Sweden fans before their match with Slovakia at Euro 2020. Igor Russak/DPA/PA Images
In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?
It’s simple, the worst is ranked first.
We continue today with Group E, which plays the deciding matches of the group stages today.
1st Poland
Poland is divided. The recent 2020 presidential election was the smallest election victory since the end of communism in 1989. Its record on free speech is also increasingly problematic.
Incumbent president won the race to the Pałac Prezydencki with 51.2% of the vote. He is opposed to reform on LGBTQ+ rights as well as his extremely divisive abortion laws.
In January 2021, Duda’s government imposed a law that allows an abortion only in cases of rape, incest or when the mother’s life is threatened by the pregnancy. It caused country-wide protests.
Assistant professor at the Academy of Fine Arts in Warsaw, Katarzyna Kasia explained in the recent winter issue of Index’s magazine how the restrictions on abortion laws by Duda is indicative on regressive policy that threatens freedom of expression.
“I fear that Duda will continue his work as a strong supporter of the ruling nationalist coalition, obediently signing laws that will limit the power of the judiciary, freedom in academia and media, and the rights of minorities and women,” she said.
Duda has attacked the Poland’s independent media too, and thus the dissenting voices in the country have less of a platform to speak from.
This is due, in part, to the Polish state-owned oil company Orlen purchasing 20 of 24 regional newspapers previously owned by German company Polska Press. During the election there was mistrust around the media due to its German ties and accusations, therefore, that Germany was interfering in Polish politics.
All 24 of the papers have a combined readership of around 17 million people.
It is fairly clear that Orlen purchasing the papers is a deliberate attempt to change the editorial line to support Duda and consolidate support for him and his party, the Law and Justice Party (PiS). Four of the editors were recently fired, despite a court ruling by the Warsaw District Court to suspend the acquisition, pending a review.
Defamation laws also acta as a deterrent for open criticism of party officials. Under Article 212 of the criminal code, defamation is an offence that can be punished by up to two years’ imprisonment. According to Reporters Without Borders, there is “a growing tendency to criminalise defamation”.
Under Duda, the situation is unlikely to improve and there have been other attempts to control the narrative.
There is a bill supposedly designed to protect freedom of speech online and force social media companies to stop blocking content online by fining them, as well as the setting up of a “free speech council”. However, there are concerns that this will have a negative aspect on free speech and encourage disinformation online.
A changing nationalist narrative is worrying and this now extends to Poland’s role in the holocaust.
Two prominent Polish historians were forced to apologise to the niece of a former polish mayor. This, after the two had co-authored a book about Polish complicity in the holocaust.
Previously, the Polish government has attempted to criminalise any suggestion of complicity.
2nd Slovakia
Free speech in Slovakia is currently at the mercy of a hugely significant murder case.
In February 2018, journalist Ján Kuciak and his fiancé Martina Kušnírová were shot dead in their home, around 50 kilometres from the capital Bratislava.
Kuciak was heavily involved in investigating both tax fraud relating to the then ruling Slovak party Smer, as well as report examining an Italian mafia organisation. The murders caused country-wide protests.
Prime Minister Robert Fico insisted there would be an investigation, but had shown repeated showings of disdain for the media, generating what non-profit Freedom House describes as a “hateful atmosphere”. He was later forced to resign.
Two of the five original suspects were sentenced, and the retrial of influential businessman Marián Kočner in connection with the murders was ordered on 15 June. The judge ordered the retiral on the basis of “several mistakes” in the original trial that acquitted Kočner.
In a statement, the Committee to Protect Journalists (CPJ) spoke of the significance of the retrial.
“We welcome the Slovak Supreme Court’s decision to cancel the acquittals of Marián Kočner and Alena Zsuzsová and hope to see full justice in the killing of journalist Ján Kuciak and his fiancée Martina Kušnírová.”
“This ruling is a crucial step toward ending impunity in Kuciak’s killing and ensuring that all journalists can work safely and freely in Slovakia.”
Any rightful conviction of Kuciak’s murderers will surely be a positive sign for journalists working in Slovakia and symbolic of a country that holds such murders accountable to the law and deter any acts similar to this in the future.
Other journalists have also received alarming threats. In June 2020, journalist for online news site Aktuality.sk, Peter Sabo, received a pistol cartridge in his mailbox.
Independent media in Slovakia is lacking. Much of the country’s news outlets are owned by a select few and there are also concerns over the impartiality of the public broadcaster Radio and Television of Slovakia after a number of its staff were sacked in 2018.
3rd Spain
The far-right is on the rise in Spain. Populist party VOX have been relatively successful in helping to create an atmosphere where journalists are being targeted.
In 2020, protests against the government’s handling of the coronavirus crisis and VOX supporters were heard shouting abuse at Spanish reporters.
During the pandemic, controversy arose over the Spanish governments attempt to control the questions given in press conferences by ordering journalists to send questions into the press secretary beforehand. In response, over 400 Spanish journalists were forced to sign an open letter asking the government to reconsider.
The information released by the government during the pandemic was also problematic. Data journalists found that the information released by the governments was overly confusing. As the CPJ reported, one journalist explained why this was a problem: “In Spain, the government sometimes releases data on the number of people who have tested positive on viral tests, while at other times it also includes the number who have tested positive on antibody tests.”
“Other reports contain different figures, such as the number of asymptomatic cases. The constant changes “hinder good analysis and projections,” he said. To complicate things further, national and local data sets often do not add up with national authorities reporting far fewer deaths from the virus than the total number reported by local authorities.”
There have been several notable attacks in the past few years.
Police have been criticised for being heavy-handed during protests. During the demonstration for Catalonian independence in October 19, there were numerous incidents of journalists being targeted by police and protesters.
Police detained El País reporter Albert Garcia after he documented the arrest of a protester, while French journalist Elize Gazendgel reported two separate occasions where she “received blows” from police. Both were wearing the correct, identifiable media accreditation.
Earlier the same month, a particularly appalling incident took place when Laila Jiménez of Telenico TV, was repeatedly pushed and subjected to abuse, as well as having vodka poured over her head.
Despite protests being of vital importance to upholding free speech in a democracy, the Spanish Citizen Security Law (also known as the “gag law”) puts bureaucratic barriers in the way of organising a protest, where authorities must be informed beforehand. Sharing images of police officers that may “endanger” them is also prohibited.
Laws such as this have come under further scrutiny after the case of Spanish rapper Pablo Hasél earlier this year.
Hasél has been jailed for his lyrics, which are crass at best and he has rapped about a “noose for the king”. But Spanish law deems these words illegal.
His arrest sparked widespread protests, particularly among Spanish youths. In response, the government has promised a review in to Spanish free speech laws.
4th Sweden
Sweden’s record on free speech is encouraging and were the first country in the world to adopt a press freedom law, they also have a media ombudsman to deal with ethical issues.
However, one damaging defamation case could set an alarming precedent, concerning the finance publication Realtid.
The case has seen Monaco-based Swedish businessman Svante Kumlin use a vexatious defamation lawsuit against Realid after they began to investigate his company Eco Energy World.’
The lawsuit is also known as a Strategic Lawsuit Against Public Participation (Slapp) and are used by governments or large corporations to saddle a journalist (or anyone publishing allegedly defamatory claims) with long term court cases and legal costs.
The case is awaiting a judgement from to see if it can be tried in England and Wales, where defamation laws are not constitutionally protected.
In December, Index, along with free expression groups RSF, Article 19 and Defence and European Centre for Press and Media Freedom (ECPMF) expressed their concern over the matter.
The letter read “Realtid is being sued by Svante Kumlin, a Swedish businessman, domiciled in Monaco. Realtid had been investigating Kumlin’s group of companies, Eco Energy World (EEW), ahead of an impending stock market launch in Norway, a matter of clear public interest. The investigation began in September when Realtid’s reporters wrote about another stock market launch and discovered off-market sales of shares in EEW.”
While Swedish journalists report in a relatively safe environment, there have been threats towards journalists foreign or exiled reporters in recent years. Turkish journalist Turkish journalist Abdullah Bozkurt was beaten by three men in Stockholm in September 2020 in an incident that was believed to be a threat to exiled Turkish journalists working abroad.
Critic of the authorities in the Chechen region of Russia, Tumso Abdurakhmanov was assaulted by two individuals in his hometown of Gävle, Sweden in February 2020.
Other groups
Group A
Group B
Group C
Group D[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”8996″][/vc_column][/vc_row]
22 Jun 21 | Czech Republic, Europe and Central Asia, Media Freedom, United Kingdom
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England fans during Euro 2020. Kieran Cleeves/PA Wire/PA Images
In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?
It’s simple, the worst is ranked first.
We continue today with Group D, which plays the deciding matches of the group stages today.
1st Czech Republic
Thomas Schick’s stunner against Scotland may prove a useful distraction, but praising the Czech Republic’s record on freedom of expression is also something of a long shot.
One of their most revered figures, Václav Havel was a dissident writer and playwright turned president.
Grievances over free speech in the country exist with the smearing of journalists, as well as the influence of foreign powers within universities.
Chinese influence in western countries is growing and it is well known that the ruling Chinese Communist Party (CCP) are trying to change the narrative both in their own state and abroad. It means that the cornerstones of free speech in any country, universities and academic freedom, are the first ports of call.
They do so either through the funding of projects or by setting up what is known as a “Confucius Institute”. These are in place, in theory, to build bridges between universities around the world and China, but are much criticised due to accusations of attempts to censor the teaching of Chinese ideals in a certain way. There are currently two Confucius Institutes in the Czech Republic.
Associate editor Sally Gimson noted one particular case in the latest edition of the magazine: “In the Czech Republic, the head of the King Charles University’s Centre for Security Policy was sacked after the media revealed he billed the Chinese embassy (as well as the university) to run conferences on China.”
The relationship between the current government and journalists is frayed, with President Miloš Zeman sewing seeds of Trump-like distrust of the media among his people. Zeman’s government has also cracked down on independent media. For example, no press accreditation has been given to Forum 24 since 2020, who were critical of Prime Minister Andrej Babiš.
In 2018, Zeman was reported to have joked about the killing of journalists after the murder of Saudi journalist Jamal Khashoggi, saying “I love journalists, that’s why I may organise a special banquet for them this evening at the Saudi embassy.”
Only the year before Zeman was pictured holding a mock rifle at a press conference, with an inscription that read “for journalists” written on the barrel. Zeman also insisted he was joking when he said to Russian president Vladimir Putin that journalists “should be liquidated”.
2nd Croatia
The most notable case in Croatia currently, from the point of few of foreign media, is that of the whistleblower Jonathan Taylor.
Taylor is a former lawyer working for the Monaco-based Dutch oil company SBM Offshore and revealed allegations of corruption in 2013. Bribes were exchanged in return for lucrative contracts.
He faces extradition to Monaco to be “interrogated”, from Croatia, where he has been detained since July 2020 after visiting on a family holiday.
In May, the Supreme Court of Croatia issued a judgement confirming the extradition. 40 NGOs, legal experts and campaigners signed an open letter to Croatian justice minister Ivan Malenica for the extradition to be stopped, with whom the decision now rests.
His treatment by the Croatian authorities has been poor. When Taylor raised concerns over his mental health with British diplomats, he was forcibly detained and forced to spend the night in a psychiatric hospital, where he was forcibly injected.
There is a history of journalists being attacked in Croatia and what non-profit Freedom House describes as “an atmosphere of self-censorship”.
In a polarised atmosphere, in which Croatian Prime Minister Andrej Plenković accused the media of “being paid to vilify a political camp”, attacks come easily. In December 2020, two men threatened to kill media workers for coverage of a wedding, sending threats to newspaper Slobodna Dalmacija and the Zadarski.hr website.
Though the media is considered to be highly polarised and severely reduced due to cut backs that arose because of the Covid-19 pandemic, there is some hope for journalists and media in the country.
As the Croatia Journalists’ Association (HND) reported, nearly 1, 000 people protested in support of what was deemed to be by them as the unfair dismissal of the journalists Danijela Bašić Palković, Borka Petrović, and Zoran Angeleski from Croatian daily newspaper Glas Istre earlier this month, due to disagreeing with editorial policy.
3rd Scotland
Not exactly the tournament favourites, their head-to-head with England on the pitch proved to be close. Off the pitch, the two have similar records.
Despite close ties, criminal justice legislation is more of a devolved matter, but the recent Scottish Hate Crime Bill is cause for concern and its implementation just edges Scotland out over their friends a little further south.
The law was introduced, and passed in March 2021, with the intention of cracking down on hate speech. However, it was derided from the start by free speech groups who believe it would have a chilling effect on free speech. Perhaps most significantly, there is a threshold now in Scottish law that exists for charging people for “stirring up hatred”, but intent must be shown. Incitement in this regard is difficult to prove.
The original bill also spoke of a need to protect people from hate speech within their own homes. In The Times in November 2020, Ruth Smeeth said: “Common sense seems to have gone out of the window with regards to the Scottish hate crime bill. Let’s be clear, hate speech is appalling and if it’s inciting violence and illegal behaviour it should be banned. But this is now trying to regulate what people say to each other over dinner — it’s absurd.”
Despite acknowledgement of concerns regarding the threshold for what is accepted to be hate speech, amendments to the law did not go far enough.
In February, Index joined a letter addressed to Members of the Scottish Parliament (MSPs) signed by NGO’s academics and politicians expressing concerns over the bill.
It read, “When the bill was published last year, the police, the legal profession, academics, civil liberties groups and others cautioned that the offences could catch legitimate debate on a range of issues. The vague wording of the offences and a lack of adequate free speech protections could, they warned, place a chill on free expression in the arts, the media and the public square when it comes to discussions about contentious issues such as religion and trans rights.”
As well as this, during the Covid-19 pandemic and according to the Press and Journal, Scotland became the “first country in the world” to implement restrictions to freedom of information (FOI) access to journalists and keen public citizens.
FOI’s are a vital tool for journalists receiving data that is in the public interest to report, particularly in times of crisis, such as in a pandemic.
The plans came into effect as a result of emergency votes put through the Scottish Parliament by MSPs, arguing that the changes were necessary to ease the burden on public bodies.
4th England
The atmosphere around free speech and the media in the UK is deteriorating and there have been several alarming incidents in the past few years.
Attitudes around the media have worsened while populist politics has grown. Frequently, there have been arguments surrounding free speech and the so-called “culture war” where people have claimed they are being denied a platform to speak. In response, several government figures have responded with actions defending free speech.
Education secretary Gavin Williamson has put forward proposals to protect free speech on academic campuses, by making universities liable for any breaches of free speech.
However, there are several other bills that are raising alarm.
Protests are integral to upholding democracy, but the proposed Police, Crime Sentencing and Courts Bill aims to impose a start and finish time on protests and set noise limits on them. Not accounting for one of the basic principles of protests, that they are intentionally (and peacefully) disruptive. Those who partake in the desecration of memorials could receive up to ten years in prison. Essentially, the bill lowers the threshold for the police to intervene heavily with protests to break them up, even after accusations of heavy-handedness regarding recent protests, such as the Sarah Everard vigil in March 2021.
Police heavy handedness is of genuine concern. In February, photographer Andy Aitchison was arrested and his fingerprints taken after working at a protest outside the refugee camp at Napier Barracks, in Kent.
Index’s CEO Ruth Smeeth said at the time: “The British Government talks a good game on media freedom. They are launching a National Action Plan for the Safety of Journalists. They are proposing legislation to protect free speech on campus. They have spoken out about Putin’s show trial of Navalny. Of Lukashenko’s repressive regime. Of the military coup in Myanmar. But what credibility do they have if they are enabling British journalists to be arrested on UK soil – for doing their job?”
Further problematic legislation lies with the proposed Online Safety Bill (also known as ‘online harms’), currently in its white paper stage.
Due to particular language included in the bill, namely “legal but harmful”, there would be inconsistency between what is illegal online, versus what would be legal offline and thus a lack of clarity in the law regarding free speech.
England (and Wales) is very much a country that feels as though it is standing on the precipice when it comes to freedom of expression. There is hope that problematic bills such as these will be reconsidered.
Other groups
Group A
Group B
Group C[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”8996″][/vc_column][/vc_row]
