3 Jul 2013 | United Kingdom
Mike Harris, Head of Advocacy at Index on Censorship, and Jo Glanville give evidence before the finance committee of the Northern Ireland Assembly on Wednesday.
MLAs will today be told that reform of Northern Ireland’s outdated law is needed or else the province will lose out on investment, writes Mike Harris in the Belfast Telegraph
In 2008, the United Nations Human Rights Committee condemned the libel law of England, Wales and Northern Ireland for having a chilling effect on free speech across the world.
Not only did important elements of the law pre-date the invention of the light bulb, let alone the internet, but corporations and oligarchs could bully their critics with near-impunity, silencing freedom of expression both here but also abroad.
The courts heard cases with no connection at all to this jurisdiction. One Ukrainian oligarch sued a local Ukrainian paper and a disgraced Saudi businessman, Sheikh Khalid bin Mahfouz, sued a US academic for a book not even published here.
To protect free speech, US President Barack Obama signed into law the US Speech Act to protect US citizens from the effect of English, Welsh and Northern Irish libel law, an act described as a “national embarrassment” by MPs.
Now Northern Ireland is alone with its embarrassing libel law. The law of England and Wales has been substantially reformed after the Libel Reform Campaign won support from 60,000 members of the public and over 100 charities and campaigning groups and in response the Government passed the Defamation Act.
Meanwhile in the Republic of Ireland, the Defamation Act of 2009 made modest changes to update the law to reflect the internet age and improve the defences available to those sued.
It is extremely unfortunate that Sammy Wilson, the Minister of Finance and Personnel, personally vetoed adoption of the Defamation Bill without scrutiny by either the Assembly or the Executive.
The worry is that “libel tourists” such as corrupt businessmen, powerful vested interests and global corporations may begin to use the High Court in Belfast to silence their critics using Northern Ireland’s unreformed law.
When we started our campaign, we asked people to tell us what had been censored using the libel laws. The results were startling.
Half of GPs surveyed said libel laws were stifling debate about the safety of drug treatments. Which? told us it went through lengthy legal proceedings by a manufacturer after they lab tested child safety seats.
Mumsnet faced legal action for humorous posts on its forum. Those who spoke out on the dumping of toxic waste in Africa and the funding of terrorism were taken to court.
Chillingly, cardiologist Dr Pete Wilmshurst told us how he was being sued by a US corporation for pointing out possible problems with heart devices.
In the four years he fought his case, patients continued to have these devices implanted in their hearts. Some then needed extensive surgery to have them removed because of the fault. If his concerns hadn’t been silenced by his four-year libel case, doctors may not have recommended this treatment.
Dr Wilmshurst will be joining me, English PEN and Sense About Science to give testimony to the Finance and Personnel Committee of the Northern Ireland Assembly today after the Chair Daithi McKay personally intervened to ensure Northern Ireland has a debate about these laws.
Mike Nesbitt MLA is also working with lawyers to prepare a Defamation Bill to bring to the Assembly later this year.
While Sammy Wilson thinks there is no need for reform, other politicians beg to differ.
If Northern Ireland gets this right, it will have a law fit for the internet age that protects ordinary people and GPs, scientists and academics speaking out in the public interest.
If it fails to reform the law, it’s hard to see how it will attract internet companies with a publication rule from 1849; how it will attract academics with no public interest defence for their work, or ensure books don’t get pulped (as they have done) with little protection for comment or opinion.
England and Wales have enacted wholesale libel reform for the first time in 170 years, Northern Ireland cannot afford to miss this opportunity.
This article originally appeared at the Belfast Telegraph.
3 Jul 2013 | In the News
INDEX MAGAZINE
Index magazine: The Multipolar Challenge to Free Expression
Coming up in the next issue of Index on Censorship magazine, out Monday, is a special report on the shifting world power balance and the implications for freedom of expression.
(Index on Censorship)
AUSTRALIA
Police Monitor Vagina Art Exhibition, Make Censorship Suggestions
Police in Sydney, Australia, repeatedly turned up at an art exhibition titled “101 Vagina” to make censorship suggestions to photographer Philip Werner.
(Opposing Views)
BAHRAIN
The cost of tweeting in Bahrain
A Bahraini teenager has been given jail time for a tweet. Sara Yasin looks at how the country has pursued users of the popular social networking site
(Index on Censorship)
BRAZIL
Protesters give president a tenuous truce, as she says their voices are being heard
Cristiano Gulias took a deep drag from his mini-cigar and did the unthinkable — he started a political discussion in a coffee shop the morning after Brazil’s national soccer team won a major championship, rather than a debate on the team’s performance.
(Washington Post)
GHANA
Three Persons Has Been Cited For Contempt Over Scandalizing Supreme Court
Well, taking on the Supreme Court of Ghana has landed some disgruntled political pugilists in the dock. In something of a legal novelty, these persons have been cited for contempt by “scandalizing the Court after publicly criticizing and bringing into disrepute the Supreme Court Judges and their decisions”.
(Vibe Ghana)
Free Speech, Cheap Or Can Be Expensive?
Freedom of speech is said to be political freedom or right to express one’s thought or opinion. Article 19 of the Universal Declaration of Human Right and International Human Right Law recognise this right.
(Spy Ghana)
GREECE
Far-right publishing in Greece: Stories that ‘teach’ people a lesson
Taking their cue from the neo-nazi Golden Dawn, Greece’s far-right newspapers have recently been targeting alternative opinions. While hardly breaking news, the language and symbolism of the campaign is of vital importance because it represents just the tip of the iceberg, Christos Syllas writes
(Index on Censorship)
IRAN
Iran’s president signals softer line on web censorship and Islamic dress code
Newly elected Hassan Rouhani, an opponent of segregation by gender, says Iranians’ freedoms and rights have been ignored
(The Guardian)
PHILIPPINES
Solons to de-criminalize libel in cybercrime law
Two senators are moving to delete certain provisions of the Cybercrime Prevention Act of 2012, which was signed into law by President Aquino in September last year but its implementation was deferred by the Supreme Court on the strength of a temporary restraining order.
(Manila Standard Today)
TUNISIA
Rapper Weld El 15 walks free
Tunisian rapper Weld El 15 (real name Alaa Yaacoubi) walked free from Tunis’s Court of Appeal today after his jail sentence for “insulting” police was reduced from two years to a six month suspended sentence, Padraig Reidy writes
(Index on Censorship)
UNITED KINGDOM
Stormont must give us a libel law fit for modern age
MLAs will today be told that reform of Northern Ireland’s outdated law is needed or else the province will lose out on investment, writes Mike Harris
(Belfast Telegraph)
Defamation Reform – New Law For A New Era?
The Defamation Act 2013 (“the Act”) received Royal Assent last month – it has not yet come into force, but is expected to do so soon. The Act has been long in the making and provoked much debate among practitioners, but in essence it is designed to modernise the law of defamation and also make it fit for purpose in the digital age. We shall examine how this is to happen by describing some of the major changes the Act will introduce.
(Mondaq)
Are Islam and Islamists taking over Britain?
Lee Rigby was a British soldier who was attacked, murdered, butchered and beheaded in broad daylight on a busy street near his barracks in London last month. He was attacked, murdered, butchered and beheaded by Islamists acting in the name of Islam.
(American Thinker)
UNITED STATES
Tennessee to appeal Occupy Nashville free speech ruling
Since when is free speech controversial? In the article “Director of Jihad Watch blog stirs controversy” (June 30) the largely one-sided article distorts a reality that is pretty clear to everyone not infected by an increasingly corrupt press.
(Times Free Press)
Free speech at stake as scandals break
Over the course of the past few months there has been cause for growing concern as we have learned about the Administration apparently violating law abiding citizens’ right to free speech and assembly.
(Chillicothe Gazette)
Daily Mail’s Martosko Cleared of Libel Claim
In mid-March, Mother Jones jabbed then-Daily Caller‘s Executive Editor and current Daily Mail U.S. Political Editor David Martosko with news of a libel lawsuit. Well, today the good folks over at MJ can read the following ruling and weep as the case has been dismissed by a unanimous 5-0 ruling in New York.
(Fishbowl DC)
North Carolina’s Anti-Sharia Bill is Now Also Anti-Abortion
The North Carolina Senate is not only considering an anti-Sharia (or Islamic law) bill passed in the state’s House earlier this year, they’ve tricked it out with a whole new issue. House Bill 695, which began as a cookie-cutter ban on the use of foreign law in family law and custody cases, now would implement several restrictions on abortion services in the state.
(The Atlantic)
Previous Free Expression in the News posts
July 2 | July 1 | June 28 | July 1 | June 28 | June 27 | June 26 | June 25 | June 24 | June 21 | June 20 | June 19
2 Jul 2013 | Volume 42.02 Summer 2013
The current issue of Index on Censorship magazine features a special report on the shifting world power balance and the implications for freedom of expression.
“The multipolar world can be one where universal human rights and freedom of expression are kept firmly on the agenda, and increasingly respected, if these democracies hold themselves and each other to account — and are held to account — at home and internationally,” write Index CEO Kirsty Hughes and London School of Economics professor Saul Estrin.
The issue also looks at press freedom in Italy, Burma, Mexico, Columbia and India as well as violence against journalists and arrests of those who expose uncomfortable truths. “Worldwide, on average only one in ten cases of murders of journalists ends in a conviction,” says Guy Berger, author of an article on the threats and dangers journalists encounter around the world. Instead of being reassured that the rule of law will be upheld, “the take-away lesson for everyone is: journalists can be killed with impunity”.
From the current issue
Global view: Who has freedom of expression? | The multipolar challenge to free expression | Censorship: The problem child of Burma’s dictatorship | News in monochrome: Journalism in India
Also in this issue:
- John Lloyd on how party politics have skewed Italian journalism
- Yavuz Baydar says Turkey’s media moguls must defend free speech
- Htoo Lwin Myo tells what was it is like to work as a writer in Burma
- Bharat Bhushan on “paid-for” news and the absence of marginal voices in the Indian media
- Lawrence Freedman and Benedict Wilkinson on the opportunities — and limits — of online activism
- A new play from Turkmenistani writer-in-exile Farid Tukhbatullin, whose wit offers a glimpse of life inside one of the world’s most closed and repressive countries.
- Find out more here | Subscribe now
Did you know you can read the magazine on your iPhone/iPad? Download for FREE then upgrade to a 30 day subscription for only £1.79.
2 Jul 2013 | Middle East and North Africa, News and features
A Bahraini teenager has been given jail time for a tweet. Sara Yasin looks at how the country has pursued users of the popular social networking site
A seventeen-year-old student has been sentenced to one year in prison for allegedly insulting Bahrain’s king on Twitter. Ali Faisal Alshofa was first arrested in March this year. The teenager has been accused of posting the tweet in question using the @alkawarahnews account, but he has denied any ties to the account.
The Bahrain Center for Human Rights (BCHR) has condemned the teenager’s arrest, as well as “the ongoing crackdown on online users, and use of the judicial system to limit their free speech.”
Reporters Without Borders has labelled Bahrain one of the “enemies of the Internet” for its usage of surveillance technology, and relentless pursuit of dissidents online.
Despite claiming that it upholds free speech, Bahrain has been no stranger to punishing speech online.
Here’s a handy guide to the country’s free speech violations against Twitter users:
