Syria: Foreign journalists killed in Homs

Marie Colvin, veteran war reporter for the Sunday Times, was killed this morning with French photojournalist Remi Ochlik when a shell hit a makeshift media centre in the besieged Syrian city of Homs. Two other journalists are reportedly wounded, named as British freelance photographer Paul Conroy, who was working with Colvin, and Edith Bouvier of French newspaper Le Figaro.  Citizen journalist Rami al-Sayed, who streamed live video footage from Homs, was also killed this week in the shelling of the Baba Amr district of the city.

UK: Ryan Giggs legally named as footballer behind Imogen Thomas ‘affair’ injunction

Manchester United’s Ryan Giggs has been named in court for the first time as the Premier League footballer with a high-profile privacy injunction against the Sun. At a hearing at the high court today, Giggs agreed to lift the anonymity part of the injunction that he brought in April 2011 to prevent the tabloid from publishing claims he had an extra-marital affair with model Imogen Thomas. Yet the footballer was widely identified on Twitter and was named in the Commons by Lib Dem MP John Hemming last May. The footballer is trying to claim damages for distress from the Sun — alleging the paper breached his right to privacy — as well as for subsequent re-publication of information in other newspapers and online.

Chinese activist warned over launching website

A veteran Chinese pro-democracy campaigner based in Wuhan has been warned by state security police not to proceed with plans for a website aimed to promote “peaceful” reform. Qin Yongmin, who was freed from prison in November 2010 after serving a 10-year sentence for subversion, told Radio Free Asia he was surrounded by police last week as he came out of a computer store and taken to a police station. RFA reports:

“I had been planning to launch the ‘Peaceful Transition Advice’ website hosted overseas,” Qin said. “They told me that I absolutely could not do this.”

“They said that if I launched it in the morning, they would arrest me in the afternoon, and that they would pursue the harshest kind of punishment for me,” he said.
(…)
Police also questioned him about a meeting he held on Feb. 14 at a restaurant in Wuhan with two political activists from the Pan-Blue Alliance, a member of the writers’ group Independent Chinese PEN, and a number of petitioners, Qin said.

“They told me that meeting was the reason that they were very alarmed,” Qin said.

“We were on the second floor of the restaurant, and the police took over the entire third floor,” he said. “They told me that no matter where I went or whom I met with, they would know all about it.”

The report added that Qin had been placed under 24-hour surveillance by officials from his home district in Wuhan since his release, and subjected to searches of his home and confiscation of his keys and computer equipment. Fellow activists have said they have been forbidden from visiting the activist, who was involved in the 1981 Democracy Wall movement and attempted to register the Democracy Party of China in 1998.

Former BNP man uses copyright and libel laws to stifle "Nazi" picture

Arthur Kemp

Arthur Kemp, the British National Party’s former foreign affairs spokesman and webmaster has forced several internet service providers (ISPs) to remove images of him apparently posing next to Nazi memorabilia from left wing and anti-fascist blogs. Kemp, originally from South Africa, claims the image is faked, and is being circulated maliciously by his ex-wife.

In his efforts to suppress the image, Kemp has employed a range of the tools available to the online censor, using takedown notices containing claims of copyright infringement and defamation.

Lots has been written here about the perniciousness of takedown notices. To put it simply: internet service providers have neither the time, the money, nor the inclination to fight or even investigate every single takedown request; they know that if they refuse to remove material, they may find themselves liable for the content and any breach of law involved in hosting the content. And much as we may think it should be, it is not the job of ISPs to defend free speech. It is their job to provide a service and make money. In one notable case study, Oxford University researchers set up sites containing text from John Stuart Mill’s On Liberty, and then complained, in the guise of an independent organisation representing Mill’s estate, about copyright breach to the various ISPs hosting the sites. The UK-based ISP immediately complied with the takedown request.

Kemp’s claims do raise some questions. Firstly, he alleges that publication of the image breaches his copyright; he also claims that the photograph was taken (and subsequently altered) by a friend. In the UK at least, the copyright therefore belongs to his friend and not to Kemp.

Kemp, in his message to the host of blog Harry’s Place,  claimed in addition that the image was defamatory. This brings up a fascinating political and legal question: is it actually defamatory to associate a former member of the fascist British National Party and the far-right South African Conservative Party with Nazism? And if so, why not sue the friend he claims created the image or the ex-wife he accuses of circulating it, rather than blogs that oppose his politics?

Kemp could, perhaps, in an effort to support his claim that the photo is merely Nazi-based larks among far-right friends, produce the original photograph. He has yet to do so.

But exoneration is not normally the issue in this type of case. It’s more about attempting to shut down debate and intimidate opponents with legalese.

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