April 17th, 2013
Self-censorship has poisoned Russian media, art and other spheres.
In the past few years, criminal prosecution of artists and new laws have made it clear for those who criticise the Kremlin or Russian Orthodox Church in their creative work, will face consequences for portraying either of these institutions negatively.

A Russian artist came under fire for depicting members of Pussy Riot as religious icons
Just last week, the State Duma passed two controversial laws in the first hearing. One forbids obscene language in movies, books, TV, and radio during mass public events. The other stipulates criminal punishment — including five years in prison — for “insulting believers’ feelings”. Both laws, as far as human rights activists are concerned, limit artists’ freedom of expression, and encourage self-censorship.
Index spoke to three notable artists to find out how the art community deals with self-censorship, and the ever-increasing restrictions on freedom of expression in Russia.
Artyom Loskutov, an artist from Novosibirsk, is famous for holding “monstrations” — flash mobs with absurd slogans like “Tanya, don’t cry” and “Who’s there?”. In 2009, he was arrested on drug possession charges, but he claims that the marijuana was planted on him by police. A blood test proved that he had not taken any drugs, and his fingerprints were not found on the package. Three years on, he faced three administrative cases, and paid a 1000 rouble fine for creating icon-like images of Pussy Riot members Nadezhda Tolokonnikova and Maria Alekhina and placing them on billboards. He was accused of insulting believers. He is currently appealing the court ruling in the European Court of Human Rights.
The artist told Index that the cases against him are acts of censorship, but vows to remain defiant and continue with his work:
The icons idea concerned two kinds of mothers: one mother is honoured as a saint, the two others — Tolokonnikova and Alekhina — were thrown in prison. The authorities, including the court, are becoming more insane, and one wouldn’t want to cause persecutions. But I can’t say that given that, I refuse to implement any of my plots. In the 90s my generation felt that we had nothing, except free speech, and all the 2000s attempts to take it away meet nothing but incomprehension
In 2010, The prosecutor’s office in Moscow’s Bassmany district examined the works of Moscow-based artist Lena Hades, “Chimera of Mysterious Russian Soul” and “Welcome to Russia”. Russian nationalists appealed to the authorities claiming these paintings insult Russians. The case did not go to court, but Hades told Index that Russian galleries feared exhibiting her paintings after the incident.
“Galleries are afraid of financial sanctions,” Hades says, “Although 95 per cent of my paintings are about philosophy rather than about social events, they are only exhibited in Tretyakov Gallery and Moscow Museum of Modern Art”.
Despite reduced chances of her work being exhibited, Hades still painted Pussy Riot’s members, and went on a 25-day hunger strike against their prosecution. The artist is no fan of self-censorship, even if it comes at a cost. According to her, no artist that responds to reality can accept self-censorship:
This is not courage, this is aristocratic luxury of doing what you want. Self-censorship is more harmful for a modern Russian artist than censorship. He is frightened of scaring away galleries and buyers and prefers to paint landscapes with cows — anything far enough from real social life
Artist Boris Zhutovsky has a long-standing relationship with censorship. In 1962, he was slammed by then Soviet leader Nikita Khrushchev, who banned work by Zhutovsky and his colleagues. For several years following the incident, the artist faced difficulties in finding employment, and his work was not exhibited in the USSR.
Zhutovsky continues to court controversy today: in the past few years he has painted the trials of Russia’s most well-known political prisoners, businessmen Mikhail Khodorkovsky and Platon Lebedev, who were first convicted in 2005. He explained Russia’s culture of self-censorship to Index:
Self-censorship is based on fear, and the amplitude of this fear has changed throughout my life. In the times of Stalin, it was the fear of the Gulag and execution. In the times of Khruschev it was the fear of loosing a job or a country – a person could be forced to leave the Soviet Union. After Perestroika the fear shrank, and now the fear which nourishes self-censorship is the fear to anger your boss
He is optimistic that a younger generation of artists will not accept self-censorship as a standard, as the the era of Putin is far from that of Stalin, but only time will tell.
March 25th, 2013
Writer and broadcaster Kenan Malik and art historian and educator Nada Shabout on one of the art world’s most contentious debates


Mark Boardman/www.mark-boardman.com
Dear Nada,
I regard free speech as a fundamental good, the fullest extension of which is necessary for democratic life and for the development of other liberties. Others view speech as a luxury rather than as a necessity, or at least as merely one right among others, and not a particularly important one. Speech from this perspective needs to be restrained not as an exception but as the norm.
The answer to whether religious and cultural sensibilities should ever limit free expression depends upon which of these ways we think of free speech. For those, like me, who look upon free speech as a fundamental good, no degree of cultural or religious discomfort can be reason for censorship. There is no free speech without the ability to offendreligious and cultural sensibilities.
For those for whom free speech is more a luxury than a necessity, censorship is a vital tool in maintaining social peace and order. Perhaps the key argument made in defence of the idea of censorship to protect cultural and religious sensibilities is that speech must necessarily be less free in a plural society. In such a society, so the argument runs, we need to police public discourse about different cultures and beliefs both to minimise friction and to protect the dignity of individuals, particularly from minority communities. As the sociologist Tariq Modood has put it, “if people are to occupy the same political space without conflict, they mutually have to limit the extent to which they subject each others’ fundamental beliefs to criticism”.
I take the opposite view. It is precisely because we do live in a plural society that we need the fullest extension possible of free speech. In such societies it is both inevitable and important that people offend the sensibilities of others. Inevitable, because where different beliefs are deeply held, clashes are unavoidable. And they should be openly resolved, rather than suppressed in the name of “respect” or “tolerance”.
But more than this: the giving of offence is not just inevitable, but also important. Any kind of social change or social progress means offending some deeply-held sensibilities. Or to put it another way: “You can’t say that!” is all too often the response of those in power to having their power challenged. The notion that it is wrong to offend cultural or religious sensibilities suggests that certain beliefs are so important that they should be put beyond the possibility of being insulted or caricatured or even questioned. The importance of the principle of free speech is precisely that it provides a permanent challenge to the idea that some questions are beyond contention, and hence acts as a permanent challenge to authority. The right to “subject each others’ fundamental beliefs to criticism” is the bedrock of an open, diverse society, and the basis of promoting justice and liberties in such societies. Once we give up such a right we constrain our ability to challenge those in power, and therefore to challenge injustice.
The question we should ask ourselves, therefore, is not “should religious and cultural sensibilities ever limit free expression?” It is, rather, “should we ever allow religious and cultural sensibilities to limit our ability to challenge power and authority?”
Best wishes,
Kenan

Mark Boardman/www.mark-boardman.com
Dear Kenan,
I too regard free speech as a fundamental good and as necessary. On the surface, thus, the simple and direct answer to the question of whether religious and cultural sensibilities should ever limit free expression should be an unequivocal NO! However, the reality is that the question itself is problematic. While free expression, and let’s think of art in this specific case, will always push the limits and “reveal the hidden”, consideration and sensitivity, including religious and cultural sensibility, should not be inherently in opposition. By positioning it as such, the answer can only be reactive. I thus disagree with your argument.
A quick note on “censorship”. Yes, we all hate the word and find it very offensive. It is a word loaded with oppression, but the reality is that censorship in some form exists in every facet of life, personal and public. It is not that one needs to restrict speech in a plural society but that this plurality needs to find a peaceful way of co-existing with respect and acceptance, as much as possible — not tolerance; I personally abhor the word tolerance and find that it generally masks hatred and disdain. No belief is above criticism and nothing should limit our ability to challenge power and authority.
I suppose one needs to decide first the point of this criticism/free expression. Does it have a specific message or reason, and how best to deliver it — or is it simply someone’s personal free expression in the absolute? And if it is someone’s right to free expression, then why is it privileged above someone else’s right — religious and cultural sensibility being someone’s right to expression as well?
For example, and I will use art again, there is a problem when art/the artist is privileged as “genius”, with rights above other citizens — except not really, since the artist is subject to other limitations that may not be religious or cultural, like those of the tradition of expression, funding, law and so on. This is not to say that a religion should dictate expression. We should remember, though, that the marvel of what we call Islamic art was achieved within full respect of Islamic religious sensibilities, but also pushed the limits and critiqued simplicity in interpreting these sensibilities.
Perhaps my view here is less idealistic and more practical, but I see many unnecessary attacks on all sides that do not accomplish anything other than insult and inflame. All I’m saying is that expression is always achieved through negotiations, including limitations.
All the best,
Nada
Dear Nada,
I’m afraid that I was no clearer at the end of your letter than I was at the beginning about your actual stance on free speech. You say you ‘regard free speech as a fundamental good’ and that the answer to “whether religious and cultural sensibilities should ever limit free expression should be an unequivocal NO!” You then, however, go on seemingly to qualify that unequivocal stance but without actually specifying what it is that you wish to qualify. Where should the line be drawn when it comes to the issue of what is and is not legitimate free speech? Who should draw that line? And on what basis? These are the critical questions that need answering. You write: “It is not that one needs to restrict speech in a plural society but that this plurality needs to find a peaceful way of co-existing with respect and acceptance”. It’s a wonderful sentiment, but what does it actually mean in practice? Should Salman Rushdie not have written The Satanic Verses so that he could find “a peaceful way of coexisting with respect and acceptance”? Was the Birmingham Rep right to drop Gurpreet Kaur Bhatti’s play Behzti after protests from Sikhs? Should Jerry Springer: The Opera ever have been staged (or broadcast)?
You suggest that “one needs to decide first the point of this criticism/free expression. Does it have a specific message or reason, and how best to deliver it — or is it simply someone’s personal free expression in the absolute?” Again, I am unclear as to the point you’re making here. Are you suggesting here that speech is only legitimate if it has “a specific message or reason”? If so,who decides whether it does? During the controversy over The Satanic Verses, the philosopher Shabbir Akhtar distinguished between “sound historical criticism” and “scurrilously imaginative writing”, and insisted that Rushdie’s novel fell on the wrong side of the line. Do you agree with him? If not, why not? You ask: “If it is someone’s right to free expression, then why is it privileged above someone else’s right — religious and cultural sensibility being someone’s right to expression as well?” This seems to me a meaningless question. A “sensibility” is not a “right”, still less a “right to expression”. If your point is that all people, whatever their religious or cultural beliefs, should have the right to express those beliefs, then I agree with you. That is the core of my argument. What they do not have is the “right” to prevent anybody expressing their views because those views might offend their “sensibilities”.
A final point: to defend the right of X to speak as he or she wishes is not the same as defending the wisdom of X using speech in a particular fashion, still less the same as defending the content of his or her speech. Take, for instance, The Innocence of Muslims, the risibly crude and bigoted anti-Muslim video that provoked so much controversy and violence last year. I would defend the right of such a film to be made. But I would also question the wisdom of making it, and would strongly challenge the sentiments expressed in it. There is a distinction to be drawn, in other words, between the right to something and the wisdom of exercising that right in particular ways. It is a distinction that critics of free speech too often fail to understand.
Best,
Kenan
Dear Kenan,
Nicely said! I believe we are ultimately saying the same thing. It is that “distinction” that you outline in your last paragraph that I call a negotiation between all sides, cultures, etc. My answer is not clear because the issue is not simple! I am saying that it is not a black and white binary divide nor can one “draw a line”. And yes, “who should draw that line? and on what basis?” is critical and essential. I believe that should be reached through negotiation. The “wisdom” of something to exist is as important as its right to exist. But there is also the question of responsibility. Free speech cannot be “inherently good” or bad. The person who utters that speech must claim responsibility for its use and effects. The examples you cite above are not all equal. Yes, they all have the right to exist. But let’s think a bit about the Danish cartoons about the Prophet Mohammed as another example. Were they not an attack aimed to inflame Muslim communities? Was it not part of Islamophobia?
Was the aim not to ridicule and play off people’s fears and prejudices? How were they a critique of Islam? What was the point? It is not that “it is morally unacceptable to cause offence to other cultures” as you once said, but the how and why are just as important as the right to cause that offence. I agree with you that the fear of consequences has become a limitation, but that isperhaps because free speech has been abused.
Perhaps I am looking at this from a different point of view. As an educator, I often face the situation, equally here in the US and in the Middle East, of how to argue a point that has become of specific cultural/religious/political sensitivity to my students. If I offend them here, they will stop listening; in the Middle East, I will not be allowed to continue. What would I gain by doing that? By negotiation I test the limits and push gently. At least in academia, I think we are at a point where we have to teach our students to not get offended by an opposing opinion and to be able to accept various opinions and to be able to accept criticism. I don’t think I can achieve that through shock alone!
Best, Nada
Kenan Malik is a writer and broadcaster. His latest book is From Fatwa to Jihad: The Rushdie Affair and its Legacy (Atlantic Books)
Nada Shabout is associate professor of art education and art history at the University of North Texas and director of the Contemporary Arab and Muslim Cultural Studies Institute

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Tags: Tags: artistic expression, Behzti, Birmingham Rep, from the magazine, Gurpreet Kaur Bhatti, Jerry Springer: the Opera, Kenan Malik, Nada Shabout, religion and culture, Salman Rushdie, satanic verses, self-censorship, The innocence of Muslims,
February 13th, 2013
OPINION: In June 2010, Israel’s Ynet website reported on the detention, and then six months later on the death, of unknown detainee “Prisoner X” in solitary confinement.
A gag order issued by an Israeli court soon after put an end to any reporting on the case, or even reporting of the order itself. “Prisoner X” became a byword in the Israeli media for yet one more of the kind of security-related stories that no-one quite knows the truth of, and probably never will.

Nothing more was heard until this week, when an Australian TV documentary claimed that the man in question was one Ben Zygier, a 34-year-old father-of-two and an Australian citizen who had moved to Israel a decade earlier.
Zygier, who called himself Ben Alon in Israel, was apparently held in the cell — built to hold Yigal Amir, the assassin of Israeli prime minister Yitzhak Rabin — for a number of months before he was found hanged, and his body flown to Melbourne a week later. His father Geoffrey, a grandee of the Jewish community there, has refused to speak to the media regarding his son.
Military censorship and wide-reaching gag orders are a fact of life for Israeli journalists. But this gag order was absolute. Articles which appeared on a number of Israeli websites yesterday noting the Australian programme were soon removed.
Even more extraordinary was the meeting called that afternoon by the Prime Minister’s office convening the so-called “Editors’ Committee”, a grouping set up in the early years of the state through which senior media figures could be briefed on secret information if they agreed to not publish it.
Historically this was a sort of gentleman’s agreement between the hacks and the establishment, who in the nascent days of Israel were understood to be more or less on the same side. Now, the annual meeting between the PM and the Editors’ Committee has become largely a matter of show, open to the scrutiny of other journalists. Self-censorship is managed more obliquely.
The Prisoner X situation was so extraordinary that a number of MKs used parliamentary privilege yesterday to ask the outgoing Justice Minister, Yaakov Ne’eman about the Australian reports. Zahava Gal-On, head of the left-wing Meretz faction pouring scorn on the implied complicity of the Israeli media.
“I want to hear your stance on the fact that journalists volunteer to censor information at the government’s request,” she said. “Is it proper that the Prime Minister’s Office invited the Editors’ Committee to prevent news from being publicised? Today, we hear that in a country that claims to be a civilized democracy, journalists cooperate with the government, and that anonymous prisoners, who no one knew existed, commit suicide.”
The gag order has now been softened, perhaps due to the MKs’ questions, and Israeli media are now reporting on the Australian story. But it’s the press rather than politicians who should be charged with exposing this kind of event.
There is an argument to be made that there is a need for some level of censorship to protect national security. But the censors need to choose their battles.
It’s stupid and self-destructive to try and suppress a story after it appears on a foreign media outlet. The suppression will inevitably serves to draw additional attention to the story.
The danger is that security becomes its own justification for censorship with a creeping reach.
Daniella Peled is editor at the Institute of War and Peace Reporting and writes widely on the Middle East