Does using Covid-19 apps have free speech implications?

[vc_row][vc_column][vc_custom_heading text=”What do citizens in South Korea, Italy and Spain think about the long-term consequences of signing up to Covid-19 apps? Our reporters Silvia Nortes, Steven Borowiec and Laura Silvia Battaglia report for Index on Censorship magazine.” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_single_image image=”114058″ img_size=”full” add_caption=”yes”][vc_column_text]

We feature here extracts from the full magazine article.

SOUTH KOREA

Kim Ki-kyung, a 28-year-old who lives in Seoul, is used to the idea of his mobile phone tracking his movements, so he wasnt bothered when he learned that his government would have access to his location data as part of efforts to contain the coronavirus outbreak.

He is far from the only one being tracked in this way. Several times a day, the millions of smartphones in South Korea bleat in unison with alerts from governments that users cannot opt out of receiving. When COVID-19 cases are diagnosed, the age and gender of the patients is disclosed to the public, along with the routes the patients took in the days before their diagnosis, so that others can avoid those places.

While the system raises issues of privacy, Kim thinks the potential benefits outweigh the concerns. Everyone is at least somewhat reluctant to share personal data with the government, but the tracking app allows the authorities to monitor people who are in self-quarantine, and will allow epidemiological surveys to be done faster,Kim said.

The government system sounds terrible at first but it really isnt all that different from regular smart services, like Google Maps or Nike Run Club,Kim said.

Kim says he follows, through the news, how the government plans to handle the data gleaned from the program, but isnt much worried about the data being used for some nefarious purpose somewhere down the road. He feels the more urgent task is containing the public health crisis. 

SPAIN

In Spain, our interviews found respondents were more concerned about the use of personal information collected by monitoring apps, than in the other countries. The main conclusion drawn from the interviews is that people do not trust this system completely and fear data might be misused by the government and private companies, perhaps because some people have memories of what it was like living under the General Franco dictatorship.

Juan Giménez, 28, agreed with using these apps “only for controlling the spread of the virus. Cristina Morales, 26, considers it “a violation of privacy, but, at the same time, it is appropriate to guarantee the citizenssafety and prevent confinement violations.

Ana Corral, 22,said it is OK as long as we know which information is used exactly, how it will be used and where the data is saved. If the goal is to know if you might have infected or been infected, that is fine”.

Some also mention social good as a priority. There are always individual sacrifices for the common good”, said Manuel Noguera, 40. For Eduardo Manjavacas, 40, “the end justifies the means.” Everything made for a global good and with a clear privacy policy is welcome. We live in a digital age, our data is studied daily for commercial purposes”, said Amelia Rustina, 30, while Sabina Urraca, 36, added she is ready for that sacrifice. I would like to trust individual responsibility, but I don’t.

On the other hand, older people are more reluctant, and many claim they would not register in these apps at all.

ITALY

They trust the government but with some doubts; they believe that giving up part of their privacy is a negotiable asset to protect public health; they want more reassurances on the functioning of the tracking app, wishing to know who will keep the sensitive data after the end of the pandemic.

These are the attitudes of Italian citizens of all ages relating to the use of a Covid-19 tracking app.

Index spoke to 50 Italian citizens – aged between 20 and 60, of different parts of the country, different professions and different backgrounds about their thoughts on the Immuni tracking app announced by the Italian government as part of its approach to Covid-19.The Immuni app was preceded by a similar experiment in the Italian region most affected by the pandemic: Lombardy, where some of them live.

Federica Magistro, 22, university student, and Anna Pesco, 60, a teacher, living in Milan have downloaded the app in Lombardy, and are currently using it. They also plan to use the national app. Both hope that the remaining 60% of Italians also think the same way, so it maximises its use to of the entire population. Federica said: “I think I should trust those who are developing it and the government that offers it”, while Tesco said: “I would like maximum transparency and I would like to have absolute guarantee on the cancellation of my data at the end of the pandemic.”

You can read the whole of this article in our Summer 2020 issue, available by print subscription here and by digital subscription here.  

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The leaders who are dodging questions on coronavirus – and how

[vc_row][vc_column][vc_single_image image=”113057″ img_size=”full” add_caption=”yes”][vc_column_text]Donald Trump tells a US reporter that her questioning is “horrid”, Jair Bolsonaro dismisses Covid-19 as a media conspiracy and the Spanish prime minister is petitioned by over 400 journalists to answer more questions. These incidents from leaders of the USA, Brazil and Spain are part of an emerging trend we are tracking on the Index on Censorship global map monitoring media freedom violations during the coronavirus pandemic. The map has been put together by our staff, our contributors and readers as well as our partners at the Justice for Journalists Foundation. 

Several leaders around the globe are finessing the art of question evasion during this critical time, as highlighted by the map. In fact, some leaders have gone as far as supporting this kind of behaviour with legislation. Brazil’s President Jair Bolsonaro has issued a provisional measure which means that the government no longer has to answer freedom of information requests within the usual deadline. Marcelo Träsel of the Brazilian Association of Investigative Journalism has called the measure “dangerous” as it gives scope for discretion in responding to requests.

The measure comes after weeks of Bolsonaro being questioned about his own health following a visit to the USA in which more than 20 people in his entourage tested positive for coronavirus after. When pressed on whether he too has it, he has made claims that he has had two negative tests, but refuses to show the results of either. To this day Brazilians don’t know whether he has the virus or not. Bolsonaro has also repeatedly dismissed coronavirus as “just a little flu”, “a bit of a cold” and as a media trick.

US President Trump has his own distraction technique when it comes to journalist questions – defensiveness and lashing out. Just this week, when asked about testing failures by Fox News reporter Kristen Fisher he responded: “You should say ‘congratulations, great job,’ instead of being so horrid in the way you ask a question.”

He’d employed similar words a few weeks earlier when NBC News journalist Peter Alexander asked: “What do you say to Americans, who are watching you right now, who are scared?”

“I say that you’re a terrible reporter. That’s what I say. I think it’s a very nasty question and I think it’s a very bad signal that you’re putting out to the American people,” he replied.

Another way of dodging the question is simply to deny coronavirus’ existence. Turkmenistan is excelling here. Reports have swirled around the internet that the word “coronavirus” is forbidden in Turkmenistan. Upon investigating, Index have not found sufficient evidence of this. What we have found evidence of though are credible reports that the virus is indeed in the country and has taken lives. A well-known writer from Turkmenistan has told Index that while the word coronavirus is not forbidden (and indeed is occasionally used by President Gurbanguly Berdymukhamedov himself on television), “the Turkmen government completely denies that coronavirus is present in the country”.

“At the same time, according to alternative information from the inside, in Turkmenistan, dozens of people die from the coronavirus daily since mid-March. However, everyone who dies of coronavirus gets another devised diagnosis, e.g. influenza, high blood pressure, food poisoning and so on,” he said.

This trend is deeply troubling. Knowing as much about a deadly, incredibly contagious virus that is spreading in your country is essential information. Journalists have every right to ask questions about it and should be receiving honest, accurate information in return. When these leaders withhold and barriers are put up, the situation is exacerbated and more people’s lives are put at risk.

Of course when it comes to some of the leaders and governments, their reluctance to engage with the media is nothing new. Bolsonaro has appeared on Facebook raging against journalists several times in the year he has been in power, while Trump has famously kicked media out of the room. But coronavirus has given a new lease of life to these tactics – with consequences that will become more devastating as the days pass.

Fortunately, there has been pushback. In Spain, politicians’ refusal to engage with media has led to an open letter being signed by over 400 Spanish journalists. They asked the government to revise the new policy which demands questions to be sent to the press secretary, who can chose to ask them, or not, thereby impacting journalists’ ability to hold power to account. And MEPs in Europe have said they will keep an eye on legislation that is being passed in EU member states in the name of coronavirus to ensure that it is proportionate, justified and doesn’t hamper human rights.

We hope these measures are effective at curtailing this trend. There is no good time to shut out and attack the media, not least during a global pandemic. In the meantime, we’ll continue to map.

If you know of any incidents of attacks against the media as a result of coronavirus, please report them to our map here.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

Silencing the Spanish media

[vc_row][vc_column][vc_custom_heading text=”Spanish journalist Silvia Nortes reports on the trend amongst Spanish journalists of self-censoring in the face of job losses and a divided society, a special piece as part of the 2020 spring edition of Index on Censorship magazine” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_single_image image=”112712″ img_size=”large” add_caption=”yes”][vc_column_text]

Paulino Ros, a journalist with 35 years’ experience in radio, admits he self-censors. It’s understandable – after all, he lost a job because of his reporting of a corruption case.

“The case was confirmed two months later and charges were laid by the Court of Instruction and the police made arrests. Even so, my crime of publishing ended up costing me my job and, even worse, my health,” he said. Ros censors himself “almost every day, so as not to displease my superiors. I stick to the editorial line”.

He is not alone. The co-founder of major Spanish newspaper El País, Juan Luis Cebrián, said recently that plenty of journalists were tailoring what they wrote or said because there was “no free debate, because people think it is better not to mess with that because of social rejection”.

Unlike Ros, most are reluctant to admit to this on record, but the idea that self-censorship is rife is backed up by statistics. The 2016 Annual Report of Journalism by the Madrid Press Association recorded alarming data, for example: 75% of journalists yield to pressure, and more than half acknowledge they usually censor themselves.

And it’s getting worse as certain issues within society are becoming more divisive. In Spain, social movements are strong engines of heated debates. The controversy they generate can pose a danger to journalistic independence, due to the temptation to follow a majority view.

The tension is obvious when reporting on Catalonia, where the resurgence of the independence movement has given rise to a silencing form of nationalism. Journalists working in Catalonia for national media, such as television channels Antena 3 and La Sexta, are branded as “manipulators” by pro-independence social movements. Reporters Without Borders has recorded a series of attacks on journalists in Catalonia since 2017. As the organisation notes, covering quarrels and demonstrations in Barcelona “has become a high-risk task for reporters”. It adds that insults, the throwing of objects, shoving and all kinds of physical and verbal aggression have become routine, especially during live television broadcasts.

The women’s movement can cause the bravest of reporters to duck into a corner. In May 2019, feminist magazine Pikara made a podcast with a midwife, Ascensión Gómez López, about childbirth. June Fernández, founder of Pikara, tweeted a quote from the midwife to promote the podcast: “The epidural turns childbirth into a silent act, disconnected from the body. In childbirth we groan, as with orgasms. But silence is more comfortable in an aseptic environment.”

Two days later, the tweet received more than 1,200 replies, mostly from outraged women, as well as comments from magazine contributors. “Idiots”, “Irresponsible” and “You contribute to worsening the women’s situation” were some of the responses. It was a week in which Pikara was preparing a crowdfunding campaign. “What if lots of people decide not to support us?” Fernández wrote in an article. She told how staff had discussed whether they should have self-censored, as journalists who do not self-censor face the prospect of losing support. But she argued that self-censorship was not a route they wanted to go down.

That was not Pikara’s first controversy. A previous one came when it interviewed a porn star, Amarna Miller. Following much criticism, the magazine issued a letter to readers to justify the decision, and lost a subscriber. The publication also became embroiled in a debate after publishing an opinion piece arguing against breastfeeding.

Pikara’s experience illustrates the power that an audience’s opinion has over editorial decisions. Even feeling the need to state openly that it will not self-censor says a lot.

Andrea Momoitio, a journalist with Pikara, told Index about the intense “agitation around certain movements” and worried that the “media are heading towards niche journalism”. She added: “The more specialised the public is, the more we know their interests, the harder it is to do independent journalism.”

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As editor-in-chief of local newspaper La Opinión in Murcia, Lola García selects content every day.

“Sometimes journalists cannot detach themselves from what surrounds them, so it is easy to get carried away. We need to be more alert than ever,” said García.

“Everything is polarised and, on many occasions, it is necessary to take sides. The key is to do it with truthful and fact-checked information.”

Indeed, the polarisation of Spanish politics, which became evident with extreme right-wing party Vox getting 52 seats in parliament last November, has been reflected in the media. Outlets show marked ideologies and provoke opposing and radical opinions.

In certain cases, this exaltation of ideology turns journalists into advocates for one side or the other. “The role of journalists as analysts is being left aside,” Momoitio said.

This also happens when pitching ideas for pieces or investigations.

Investigative journalist Paula Guisado, who works for national newspaper El Mundo, thinks the difference between self-censorship and a simple choice of content is “very subtle”.

“In my case, it’s a matter of knowing what the media outlet I work for prefers to publish. I invest my time in pitching topics I know will be better received. In corruption scandals, for instance, we all know El Mundo prefers to talk about PSOE [the left-wing party now in power] and El País would rather investigate [the right-wing] PP.”

Rather than seeing this as self-censorship, Guisado says it is “taking advantage of the environment you are working in”.

But García said: “When decisions are made based on non-journalistic criteria, it is self-censorship. When media business, ideology or other interests come into play, the pressure on journalists is intense.”

Job insecurity lies at the heart of this issue. The aforementioned 2016 Annual Report of the Journalistic Profession noted this pressure comes mostly from “people related to ownership or management of the media outlet”, especially when it comes to freelancers. In addition, failing to give in to the pressure can lead to consequences including, in many cases, being dismissed.

Luis Palacio Llanos, who oversees these reports, sees a possible relationship between the precariousness of the industry and self-censorship. “Between 2012 and 2018, and probably before that, unemployment and job insecurity was the main professional concern for Spanish journalists, according to our annual surveys. In 2019, this fell to second place, surpassed by bad pay, another sign of a precarious industry. In addition, journalists always rated their independence when carrying out their job below 5 on a scale of 0 to 10. Over the past few years, less than a quarter of journalists stated they had never been pressured to change significant parts of their pieces.”

The financial crisis that began in 2008 had a lot to do with the rise of self-censorship among journalists. The fall in advertising caused thousands of layoffs and the closure of hundreds of media operations. By 2012, more than 6,200 journalists had lost their jobs, according to the Spanish Federation of Journalist Associations. By 2014, 11,145 journalists had been fired and 100 media outlets had closed.

Momoitio believes the crisis and self-censoring go hand in hand. “The audience demands a very compassionate journalism, which does not take you out of your comfort zone. Journalism is going through such a long crisis that it has to adapt to these requests.”

Palacio added: “Surely the crisis and the deterioration in working conditions have been the main factors in the increase in self-censorship. This has been superimposed on a structural crisis that began at the end of the 20th century alongside the expansion of digitalisation.”

Digital is, of course, another aspect. Social media was central to the Pikara episode. In a time when information reaches millions of people in a matter of seconds, the reaction of a large digital audience can make journalists more vulnerable – and cautious.

“Social media greatly promotes self-censorship,” said Momoitio. The audience “follows you because you tell the stories they want to hear, from their perspective. That is very dangerous and irresponsible”.

García added: “Social media is a double-edged sword. There is greater projection, but it can trigger uncontrolled reactions.”

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Silvia Nortes is a freelance journalist based in Murcia, Spain

Index on Censorship’s spring 2020 issue is entitled Complicity: Why and when we chose to censor ourselves and give away our privacy  

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Spain and censorship, a history, and a reading list

The Spanish Supreme Court has jailed nine Catalan separatist leaders for their roles in the independence referendum in 2017, deemed illegal by the Spanish government. Oriol Junqueras, former vice president of Catalonia, was sentenced to 13 years, the highest sentence handed out. A new international arrest warrant for former Catalonia President Carles Puigdemont, who fled to Belgium, has been issued. As protesters clash with police on the streets of Barcelona over the sentencing, Index looks back on the struggle for freedom of expression in Spain and particularly Catalonia, from the last years of General Francisco Franco’s regime, to the present.        

 

Poems from Catalonia vol 1, 2 1972

https://journals.sagepub.com/doi/pdf/10.1080/03064227208532183  

Joan Brossa, born in 1919, wrote poetry about Franco’s invasion and destruction of independent Catalonia during the Spanish Civil War (1936-1939). His works are allegories about the bitterness over the cultural repression in Catalonia under Franco. However, the allegories were too transparent to avoid censorship by the Spanish authorities. Index acquired copies of some of the censored poems.

Franco protest Spain

Weekly meeting to remember Franco’s victims in the Puerta del Sol, Madrid [Image credit: NathaliePaco – Demotix]

Skin-deep liberalism vol 3,2 1974

https://journals.sagepub.com/doi/pdf/10.1080/03064227408532323 

The final years of Franco’s regime saw a confused attitude towards censorship. Franco wanted to outwardly present a degree of liberalism to the international political community, while still enforcing censorship inwardly. John Butt argued that this may be why right-wing extremists suppressed artists and thinkers and got away with it; the government allowed these groups to do their dirty work. Vigilantes poured acid over some of Picasso’s works and threw bricks through bookshop windows. The police did not charge them. It was a period of haphazardly applied censorship, creating an atmosphere of insecurity for Spanish writers.    

 

Spanish journalists in jeopardy vol 9,6 1980

https://journals.sagepub.com/doi/pdf/10.1080/03064228008533131 

Even in post-Franco Spain, there were significant threats to freedom of expression for journalists. The 1978 constitutional guarantee of press freedom proved to be a formality, not upheld in practice. In May 1980, 60 journalists, writers and artists faced court action, with offenses including “outrage to public morals”. Juan Luis Cebrian, the author of this article, was the editor of the Madrid daily newspaper El Pais. He was sentenced to three months in prison for an editorial, published two years prior in 1978, in which he defended freedom of expression. Read about his experiences here.      

 

Shifting an elephant – freedom of expression in spain today vol 11, 3 1982

https://journals.sagepub.com/doi/pdf/10.1080/03064228208533377 

In the first two years after Franco’s death there was excitement about the new democracy, as many newspapers and magazines were set up. But in a bid to pacify Francoists, laws remained in place that allowed journalists to be targeted. Offenses included insult or disrespect to the army and the royal family. In 1977 anti-terrorist legislation was brought in, which failed to define “apology” for terrorism. This left it open to abuse by those wishing to penalise journalists. Read Malcolm Coad’s article from this pivotal point in Spanish history here.      

 

Puppet state vol 46,1 2017

https://journals.sagepub.com/doi/full/10.1177/0306422017703623 

Spanish puppeteers Raúl García Pérez and Alfonso Lázaro de la Fuente were arrested in 2016 for glorifying terrorism. The evidence against them was the content of puppet show Pérez and Lázaro de la Fuente were performing as part of carnival festivities in Madrid. The show had included a character holding a banner displaying the name of a fictional terrorist organisation. Lázaro de la Fuente told Index about his experiences following his arrest, and discussed the consequences of performers being persecuted for their art in modern Spain.       

 

No laughing matter vol 46, 2 2017

https://journals.sagepub.com/doi/full/10.1177/0306422017716058 

Silvia Nortes explored the reforms the Spanish political party, the Partido Popular, pushed through which allowed the prosecution of comedians, journalists and social media users, quashing their right to freedom of expression. Nortes cites several examples of comedians who have been prosecuted and even jailed. Read their jokes here.       

  

They can’t stop the music vol 46,4 2017

https://journals.sagepub.com/doi/full/10.1177/0306422017748822 

Cesk Freixas, a musician and member of Popular Unity Candidacy, a pro-Catalonia independence party, has drawn the attention of the ruling Partido Popular. Unhappy with his strong pro-independence message, they attempted to have his shows cancelled.     

Freixas, who performs in Catalan, told Index he has been accused, among other things of “boasting the Catalan language”. Singer-songwriter Albert Pla has also faced discrimination for championing independence for Catalans. Read more about censorship of the independence movement here.