India: Kumar versus the censor
Despite making two award-winning documentaries, filmmaker Ashvin Kumar has faced difficulty having his films shown. Mahima Kaul reports on his battle with India’s Censor Board
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Private daily newspapers return to Burma
Monday (1 April) heralded the return of private daily newspapers to Burma. Since the 1962 Printers and Publishers Registration Act the state has held highly restrictive powers to license newspapers and publishers creating one of the most hostile environments on earth for a free print media. Since the transition period of the past few years began, President Thein Sein has signalled that the government would liberalise restrictions on the media. Prior to the return of daily newspapers, privately-owned weekly journals had begun to flourish as demand for independent news markedly increased. On 1 February this year, the government launched the process to allow the independent media to bid for daily licenses.
Index on Censorship spoke to journalists and proprietors in Burma during a recent mission to the country in March. The return of independent daily newspapers has not been without incident. The government refused to grant licenses for daily publication to a number of publications including the Eleven Media Group, apparently because their application lacked an official revenue stamp valued at 100 kyats ($0.12). This decision was overturned in March and the group will launch its daily newspaper “The Daily Eleven” symbolically on World Press Freedom Day on May 3 according to AP.
Previously news was published in weekly journals that reviewed news and politics and had to submit all their proofs to the Press Scrutiny and Registration Division (PSRD) prior to publication (hence weekly publication). According to state journal the New Light of Myanmar, the termination of the PSRD was signed off at the cabinet meeting of 24 January 2013. Though ominously, the report claimed a new “Copyrights and Registration Division” would be formed under the Information and Public Relations Department.
Index on Censorship views the licensing of newspapers as an unwarranted restriction on freedom of the media. The registration process for daily newspapers in Burma has been particularly restrictive with the application requiring a code of practice, a code of ethics and a code of conduct for the publication — even though the Press Council is working on a series of ethical codes for journalists as part of its on-going negotiations to draft a more proportionate press law.
One editor told Index he had applied for a press license on 21 February and had not yet heard of the result by 13 March. The application was over 80 pages in total and the local authorities stated the application needed to be in both Burmese and English. Journalists told Index several questions on the application for a daily newspaper license concerned the previous political activities of the applicant, which raised concerns that political considerations will be taken into account when awarding the limited number of licenses proposed.
Further advances in media freedom are expected in the coming months, with foreign journalists to be given working visas from mid-April (rather than taking the risk of a tourist visa as is the norm now) and the BBC hoping to broadcast its global news channel in Burma later this year. Reporters Without Borders has moved Burma’s ranking in its Press Freedom Index up 18 places to 151 out of 179 countries.
Yet, old habits die hard. On the first day of new daily newspapers, the government kept the independent media at arm’s length from an official state visit by the President of Singapore Tony Tan Keng Yam with only the official state media allowed into the press conference surrounding the trip. A forthcoming Index report into the state of freedom of expression in Burma will examine these trends in further detail.
Private daily newspapers return to Burma
Monday (1 April) heralded the return of private daily newspapers to Burma. Since the 1962 Printers and Publishers Registration Act the state has held highly restrictive powers to license newspapers and publishers creating one of the most hostile environments on earth for a free print media. Since the transition period of the past few years began, President Thein Sein has signalled that the government would liberalise restrictions on the media. Prior to the return of daily newspapers, privately-owned weekly journals had begun to flourish as demand for independent news markedly increased. On 1 February this year, the government launched the process to allow the independent media to bid for daily licenses.
Index on Censorship spoke to journalists and proprietors in Burma during a recent mission to the country in March. The return of independent daily newspapers has not been without incident. The government refused to grant licenses for daily publication to a number of publications including the Eleven Media Group, apparently because their application lacked an official revenue stamp valued at 100 kyats ($0.12). This decision was overturned in March and the group will launch its daily newspaper “The Daily Eleven” symbolically on World Press Freedom Day on May 3 according to AP.
Previously news was published in weekly journals that reviewed news and politics and had to submit all their proofs to the Press Scrutiny and Registration Division (PSRD) prior to publication (hence weekly publication). According to state journal the New Light of Myanmar, the termination of the PSRD was signed off at the cabinet meeting of 24 January 2013. Though ominously, the report claimed a new “Copyrights and Registration Division” would be formed under the Information and Public Relations Department.
Index on Censorship views the licensing of newspapers as an unwarranted restriction on freedom of the media. The registration process for daily newspapers in Burma has been particularly restrictive with the application requiring a code of practice, a code of ethics and a code of conduct for the publication — even though the Press Council is working on a series of ethical codes for journalists as part of its on-going negotiations to draft a more proportionate press law.
One editor told Index he had applied for a press license on 21 February and had not yet heard of the result by 13 March. The application was over 80 pages in total and the local authorities stated the application needed to be in both Burmese and English. Journalists told Index several questions on the application for a daily newspaper license concerned the previous political activities of the applicant, which raised concerns that political considerations will be taken into account when awarding the limited number of licenses proposed.
Further advances in media freedom are expected in the coming months, with foreign journalists to be given working visas from mid-April (rather than taking the risk of a tourist visa as is the norm now) and the BBC hoping to broadcast its global news channel in Burma later this year. Reporters Without Borders has moved Burma’s ranking in its Press Freedom Index up 18 places to 151 out of 179 countries.
Yet, old habits die hard. On the first day of new daily newspapers, the government kept the independent media at arm’s length from an official state visit by the President of Singapore Tony Tan Keng Yam with only the official state media allowed into the press conference surrounding the trip. A forthcoming Index report into the state of freedom of expression in Burma will examine these trends in further detail.
Brazil’s politician pile on pressure to remove “offensive” web content
Brazil has been caught up in a fresh controversy over attempts to curb online criticism of politicians. This time, the main players are tech giant Google and the Chamber of Deputies, the lower house in the country’s congress. Brazil is already one of the world’s leaders in online content removal.
In early March, the Chamber of Deputies’ Attorney General, Cláudio Cajado, contacted Google in order to request the removal of online videos and content hosted by the company, for being offensive to deputies.
Cajado, a Democratas Party representative from the state of Bahia, denies that his requests were attempts to restrict freedom of expression, and claimed that he only wanted to speed up the processes that, when left to the Justice, could take months — or even years to be solved.
According to Cajado’s office, Google has responded to his requests by being very “thoughtful” in explaining its policies on content removal.
The Attorney General’s office says it receives an average of two complaints per month by the deputies, mainly because of videos uploaded on YouTube, or posts published on its Blogger platform.
The Chamber of Deputies’ Attorney General is responsible for defending the deputies’ honour and the House’s image.
“We seek a partnership [with Google] to set up actions and attitudes, without creating any kind of erosion [of the House’s image] or harsh consequences”, said Cajado to the Chamber of Deputies’ website.
He cited the case of federal deputy and former Rio de Janeiro governor and presidential candidate Anthony Garotinho, who filed a lawsuit against Google demanding the removal of 11 YouTube videos during the 2010 electoral campaign.
“We have to count on Google executives’ good will and on their comprehension over the importance of measures like this to our country’s life and our democracy,” said Cajado.
As he took office as the Chamber’s Attorney General in early March, Cajado also said he planned to ensure that deputies had enough media time to reply to criticism, and plans to do the same online.
All complaints brought by deputies to the Attorney General are analysed by his office’s legal team, to ensure that cases that can lead to actual lawsuits are taken forward.
The most common cases of online attacks brought to the Attorney General’s office are related to slander and — more seriously — crimes against honour, which is a punishable offence according to Brazil’s law.
When it comes to the Brazilian judiciary, rulings about the internet can be very diverse and — sometimes — illogical.
In September 2012, a judge from the state of Mato Grosso do Sul ordered the arrest of Fabio Coelho, Google’s top executive in Brazil, after videos deemed offensive to a mayoral candidate were uploaded to YouTube. When the posts were not immediately deleted, Brazil’s federal police temporarily detained Coelho.
While the Superior Court of Justice has already ruled that internet providers are not obliged to pay reparations to users because of offensive content, the Supreme Court is about to judge if internet companies should supervise information that is published.
This is related to an appeal by Google after the State Justice of Minas Gerais, Brazil’s second most populous state, ordered the company to pay BRL 10,000 (around USD $5,000) to an offended user, and to remove content from Orkut, Google’s social network.
The Attorney General’s new initiative has already worried a few of his fellow deputies.
“The Parliament’s best defence is a transparent behaviour, one that seeks the public interest. And anyone that feels injured or vilified can always go to the Justice and seek reparation. I believe the Attorney General should have other priorities.” says Chico Alencar, a Rio de Janeiro representative for the Socialism and Freedom Party, PSOL.
Alencar also fears that these actions taken along with Google could worsen politicians already tarnished public image.
“Public opinion would consider this as censorship and a privilege for people that already have many other privileges. We should learn how to reply to websites by creating another websites and, if that’s the case, asking those who offend us for the right to reply. That would be enough.”
Editor’s note: Google is a funder of Index on Censorship