Free expression in the news

BAHRAIN
Missing Bahraini blogger surfaces in London
Opposition activist Ali Abdulemam, sentenced to 15 years in absentia, has reemerged after two years in hiding. (Aljazeera)

Bahrain policeman’s trial postponed
Bahrain’s court of appeals on Sunday adjourned until June 2 the trial of two policemen who had challenged a 10-year jail verdict by a lower court. (Gulf News)

ISRAEL
EU warns Israel to respect freedom of worship
The European Union’s top foreign affairs official on Friday called on Israel to respect freedom of worship in holy places. (World Bulletin)

ITALY
Amanda Knox faces libel trial over memoir
Giuliano Mignini, the prosecutor who investigated Knox for the murder of Meredith Kercher, an exchange student from Coulsdon, Surrey, told the Sunday Times he had decided to sue the Italian magazine Oggi after it published extracts from Knox’s book last week. (The Sunday Times

NETHERLANDS
Shell Censorship
I fail to understand how Shell’s long-standing policy of silencing criticism by covert activity, or through the courts, is compatible with its claimed core business principle of transparency? (Royal Dutch Shell plc .com)

UNITED KINGDOM
UK spyware used against Bahraini activists – court witness
UK spy technology was used against British citizen in Bahrain, new evidence filed in a UK high court has claimed. Activists are calling for a judicial review of the UK’s failure to hold firms accountable for sales of spy software to repressive regimes. (RT)

Peer warns over Stormont’s blocking of ‘free speech’ bill
A leading historian has warned that Stormont’s veto of a law to strengthen freedom of speech will undermine the work of academics, as well as hampering responsible journalism. (News Letter)

David Cameron’s head of strategy sues Australian minister for libel
Lynton Crosby takes Australia’s defence procurment minister, Mike Kelly, to court over tweet. (The Guardian)

UNITED STATES
Animal cruelty laws stir free speech debate
A feverish debate in Tennessee over a law that would compel people with video of alleged animal cruelty to hand a copy over to police has set off a debate about wider First Amendment issues. Philly.com

Pakistan’s Sharif moves to form government after historic vote

Pakistan’s historic election is history. Historic because it is the first time a government has completed its term without being ruthlessly axed, toppled by military dictatorship or unelected politicians.

It was also one of the bloodiest elections in the country’s history. At the end of three weeks of campaigning, at least 117 people including election candidates have been killed. Former Prime Minister Nawaz Sharif began talks on Sunday to form a new government, The New York Times reported.

As the campaigns proceeded, the rift became clearer: the Taliban threatened and attacked specific political parties namely, Awami National Party, Pakistan People’s Party and Muttahida Qaumi Movement, derailing their campaigns to the point where the parties had to shut down their election offices. Even that didn’t stop the terror attacks, as locked and empty political party offices continued to be targeted. The Taliban claimed that the political parties being targeted were secular and worked against the ideology of Islam. Although the Taliban were the biggest perpetrators, they weren’t the only ones: political rivalries and attacks continued throughout the country during campaign time. Only Punjab, one of the country’s largest provinces, remained relatively terror free.

pakistan-flag Moreover, the political parties that were not on the Taliban hit list shied away from calling out the Tehrik-e-Taliban Pakistan over the attacks, despite condemning the attacks vocally. Eventually, as a gesture of solidarity, Pakistan Tehreek – e – Insaaf, party led by Imran Khan, announced to it would withdraw all its scheduled events for election campaigning in Karachi.

Violence, Moral Policing and the Constitution

Violent attacks by far have been the biggest deterrent to political campaigning this election, sustaining attacks because of their secular ideology shunned political workers from expressing their views, further bifurcating the already polarised political and social discourse.

But hindrance to freedom of expression began as early as the election process itself. The election commission sparked a huge debate when the nomination papers of a renowned columnist were rejected by the district returning officer, or RO, “for writing against the ideology of Pakistan” in his columns. But even more concerning was the fact that the objection was raised by invoking the constitution’s Article 62 & 63, introduced during the much-reviled dictatorship of Zia-ul-Haq. To paraphrase, the articles made it mandatory for prospective political candidates to have a clean criminal record; of being of noble and sound character reflecting the Islamic beliefs and of not having ever worked against the security and interest of the nation or having criticized the military or the judiciary, amongst other things.

The account of journalist and politician Ayaz Amir was even more revealing: “I was told that in my column I have endorsed liquor drinking. I really don’t know from where the RO has got this impression, as I have not written anything like this.” As fellow journalist Omar Warraich aptly summed it, it seemed Amir was being disqualified for a thought crime. Amir challenged this in the Lahore High Court, which reversed the RO’s decision, allowing Amir to contest elections. However, that hasn’t stopped the much needed debate around Pakistan’s amended constitution, which successfully cripples freedom of speech, expression and even privacy by subjecting it to ‘reasonable restrictions’ from vague terms like ‘glory of Islam’  to a subjective issue of ‘morality’.

The missing voters

It’s hard not to acknowledge the void left by the missing voters — women, the nearly 1.5 million people of Gilgit Baltistan and the four million Ahmadis. Although their plights may vary, the issue remains the same — a significant segment of the society will watch the elections unfold from a distance and not enough has been done to ensure their participation.

The Ahmadiyya community has boycotted the elections process for at least three decades after a law declared them ‘non-Muslims’. This was exacerbated in 2011 when the election commission created a separate voters list for the Ahmadis. This action marginalised them even further. Even though Pakistan’s Supreme Court took the discrimination complaint under serious consideration, it ruled that the court couldn’t over rule a constitutional command.  The past few years have been tumultuous for the country’s religious minorities, the boycott from the Ahmadiyya community might deter other religious minorities from voting.

A report published last year by Pakistan’s Fair & Free Election Network, approximately 10 million Pakistani women were unaccounted for in the draft electoral rolls released in 2011. With the exception of a few, political parties have remained largely negligent of mobilising the women voters. Despite powerful women in the assembly and strikingly powerful stories of women candidates the issue remains: How many women will turn up to exercise their right to vote? Will the stories of candidate Veeru Kohli, bonded labourer from Hyderabad and  Badam Zari of Bajaur inspire more women voters to practice their rights? Reports suggest otherwise.

More Pakistan Coverage >>>

Global coalition of NGOs call to investigate and disable FinFisher’s espionage equipment in Pakistan

Sana Saleem is a Karachi-based journalist and human rights activist working for advocacy group Bolo Bhi.

Libel begins at Larne

Yesterday’s Belfast Telegraph yesterday ran a strong leader on the fact that the Defamation Act, recently passed into law after a long campaign by Index and our partners and supporters in the Libel Reform Campaign, will not extend to Northern Ireland.

The paper comments:

The absence of any proper explanation as to why Northern Ireland has turned its back on the reforms is baffling. We would urge politicians to throw their weight behind a Private Members’ Bill put forward by [Ulster Unionist Party] leader Mike Nesbitt to have the Westminster reforms introduced here. The reforms do not stop people who have a genuine grievance and want to clear their reputation, but they raise the threshold for taking actions. They also create a stronger public interest defence in defamation cases. Surely, it is in the public interest to reform our outdated libel legislation.

Couldn’t agree more.

Meanwhile, Belfast lawyer Paul Tweed has already been hinting that the Titanic town could become the new “town called sue”, tweeting “Looks like libel litigants will now have to cross the Irish Sea to Belfast or Dublin in order to get access to justice.” A 1 May interview with Tweed in the Belfast Telegraph summed Tweed’s position up, beginning with: “Mention libel tourism and the first Northern Ireland lawyer most people think of is Paul Tweed.”

The same article notes that Tweed is currently campaigning for no-win-no-fee libel claims to be allowed in Belfast, noting “”The fact is that unless you have money you cannot bring a defamation action in Belfast. As things stand, I prefer to act in Dublin, not Belfast.”

Tweed’s firm Johnson’s would appeal to have stolen a march on London libel lawyers by already operating in Dublin, Belfast and London. Will other firms follow suit? Will we see Carter-Ruck taking the ferry to Larne? Schillings and Shilelaghs? The ruling parties in Northern Ireland should back Nesbitt’s attempt to bring libel reform to Northern Ireland before Belfast becomes the capital of censorship.

Padraig Reidy is senior writer for Index on Censorship. @mePadraigReidy

Free expression in the news

CHINA
Chen Guangcheng’s Family Under Attack
A little over a year ago, China’s heroic blind lawyer, Chen Guangcheng, escaped from house arrest, eventually fleeing to the United States with his wife and child. The Chinese government is now retaliating against the members of his family who remain in China. (National Review)

CAYMAN ISLANDS
Online poll: Most want libel standards for social media/online forums
Only a small percentage of the respondents to last week’s cayCompass.com online poll believe social media and online forum sites should not be held to the same libel standards as traditional media. (CayCompass)

INDIA
Internet censorship in India
The Indian government these days enters the final stage of the first phase of implementation of the system for monitoring Internet activity, text messaging (e-mail, SMS) and voice calls of their residents. It is about $74 million heavy security project that is broadly conceived as a weapon to fighting terrorism. It is difficult, however, to ignore the fact that the privacy of users now virtually will not exist. (Decrypted Tech)

MALAYSIA
DAP miscasts free speech and ideas as racism
TWO unyielding issues gibbering away post-GE13 are now causing great national distress that seems to be breaking away like a runaway train. (New Staits Times)

TAIWAN
Taiwan seeks official cross-strait talks on culture
China’s publication censorship and lax protection of intellectual property rights (IPR) have left many of Taiwan’s creative and cultural industry operators snookered in their forays into the Chinese market. (Focus Taiwan)

UNITED STATES
What is your freedom of speech costing you?
I am a diehard Minnesota Vikings fan. Even though they consistently lose and still refuse to draft a decent quarterback, I will continue to wear my jersey and braids with pride. So let’s just say that I wasn’t particularly surprised when I got word that the Vikings released their punter, Chris Kluwe, out of his contract. While the 2012 season was a personal best for Kluwe, the Vikings still decided that after eight years, they’ve had enough. His performance was inconsistent at best, and at 31 years old, whisperings of retirement were beginning. But what did surprise me was the possible hidden agenda behind his release. (The Rocky Mountain Collegian)

Dirk Stemerman: Free speech at work
You have the right to remain silent. Anything you say can and will be used against you — maybe not in a court of law, but certainly before an unemployment judge. Simply put, there is no First Amendment right to free speech in the workplace. (Monterey County Herald)

Bake a Mean Spirited Censorship Pie with the Electronic Frontier Foundation
Parker Higgins bakes a “Mean Spirited Censorship Pie” — which is what all have to call the classic Southern dessert formerly known as “Derby Pie,” now that Kern’s Kitchen in Louisville is threatening to sue anyone who posts a family recipe with that name. (Boing Boing)

SUPPORT INDEX'S WORK