On 21 March, a Tunisian court sentenced rapper Ala Yacoubi (aka Weld El15) to two years in prison in absentia, over an anti-police song and video, Boulicia Kleb published on YouTube. In the song, Weld El15 describes police officers as “dogs” and says “he would like to slaughter a police officer instead of sheep at Eid al-Adha”. Four other rappers, to whom Weld El15 dedicated the song, were also sentenced to two years in prison in absentia. Actress Sabrine Klibi, who appears in the video, and cameraman Mohamed Hedi Belgueyed, were arrested on 10 March. They each received a six-month suspended jail sentence.
Yacoubi, who is in hiding, told award-winning blog Nawaat:
There are those who accuse me of inciting violence against police. I was only using their language…I was subject to all forms of police violence: physical and verbal. As an artist, I can only answer them through my art: aggressive art…I expressed myself in a country, where I thought freedom of expression exists. It turned out that I was wrong.
To bring charges against Weld El15 and his associates, prosecutors applied anti-free speech laws inherited from the dictatorship era. Among these laws are articles 128 and 226 of the Penal Code. The latter carries a penalty of a six-month jail term for “affronting public decency”; while article 128 states that anyone found guilty of “accusing without proof a public official” could face a two-year jail term.
Weld El15 is not the only victim of these liberticidal laws. Blogger Olfa Rihai could face imprisonment over criminal defamation charges [articles 128 and 245 of the Tunisian Penal Code. Last December, Riahi posted on her blog an article alleging that the then foreign minister Rafik Abdessalem “misused public money” by spending several nights at the luxurious Sheraton hotel in Tunis. She went on to claime that the minister might have been involved in an extra-marital affair. Riahi is also accused of “harming others or disrupting their lives through public communication networks,” under article 86 of the Telecommunication code (Law no.1-2001 of 15 January 2001). If convicted under this article, she could spend up to two years in prison and pay a fine of up to 1,000 Tunisian dinars.
Article 86 of the Telecommunication Code highlights Tunisia’s vulnerable internet freedom. Despite, positive steps taken by the Tunisian authorities in favour of free speech online, freedom of the internet remains under threat due to Ben Ali’s ICT laws. Last September, Mongi Marzoug minister of Information and Communications Technology, officially announced “the death of Ammar404” [slang for Tunisian internet censorship]. In January, the ICT ministry cancelled a number of regulatory provisions in the licenses previously awarded to privately-owned telecom operators Tunisiana and Orange Tunisie.
The two ISPs are now able to bypass the Tunisian Internet Agency (ATI), for incoming and outgoing international Internet traffic. The former regime obliged ISPs to route their internet traffic via the ATI to facilitate internet filtering and surveillance.
Yet these guarantees remain insufficient, as long as repressive ICT and internet laws remain on the books. For instance, article 9 of Internet Regulations (dated 22 March, 1997) obliges ISPs to monitor and take down content contrary to public order and “good morals”. No one can stand in the way of prosecutors and judges who wish to apply these laws.
The National Constituent Assembly (NCA) is scheduled to adopt a new constitution by next summer. A second draft of the constitution, released last December, enshrines the right to free expression and prohibits “prior censorship”. However, unless anti free speech laws are revised or abolished, the future constitution will in no way be enough to guarantee free expression.
Nabeel Rajab, BCHR – winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012
Index on Censorship has called upon the Bahraini government to release 2012 Index Freedom of Expression Award winner Nabeel Rajab and other prisoners of conscience, and honour its promises to uphold freedom of expression.
Index’s Chief Executive Kirsty Hughes said:
“The continued imprisonment of Nabeel Rajab and other activists shows that Bahrain is not serious about reform. The targeting of human rights activists and imprisonment of prisoners of conscience shows that government commitments to reform are for now meaningless.
“Index calls on the Bahrain government to respect the right to peaceful protest and the right to free speech, to end its violations of these rights and to implement fully the recommendations of the Bahrain Independent Commission for Inquiry (BICI).”
According to the Project on Middle East Democracy, the government of Bahrain has only succeeded in fully implementing three of the 26 recommendations made by the Bahrain Independent Commission for Inquiry (BICI) report in November 2011.
Members of the Bahrain Centre for Human Rights (BCHR) have faced repression from Bahrain’s regime for their tireless work documenting human rights violations committed by the government, since popular protests began on 14 February 2011. According to BCHR, there have been 89 deaths since the start of the country’s uprising.
In March 2012, accepting the Index on Censorship Advocacy award on behalf of BCHR, human rights activist Nabeel Rajab said that the international community heard little about uprisings in Bahrain because “we have oil”. He is currently serving a two-year sentence for organising so-called “illegal gatherings”. The founder of BCHR, Abdulhadi Alkhawaja, is on hunger-strike to protest his ill-treatment in prison. Alkhawaja is currently serving a life sentence for allegedly plotting to overthrow the ruling regime. His daughter Zainab is also on hunger strike and serving a three-month jail sentence.
In April, international attention will once again turn to Bahrain when it hosts the Formula 1 Grand Prix. Last year, the Bahraini government attempted to use the race to gain positive international attention while continuing to clamp down on protesters who are critical of the regime.
A new telecommunications reform that was presented in Mexico by the government of Enrique Peña Nieto has been heralded worldwide. The reform bill seeks to amend the Mexican Constitution and will open the telephony and television industries. The changes had been recommended last year by the Organisation for Economic Cooperation and Development, which said the lack of competition in the telecommunications sector cost Mexico $25 billion dollars a year and offered among the highest prices in the world to consumers.
The Mexican Congress’ lower house approved the law on Thursday March 21 and the Mexican Senate is expected to approve it in April. The version approved opens radio, television and telecommunications to foreign investment. The reform was presented to Congress in February, a feat reached by the Pact for Mexico, a multi-party front that seeks to introduce major reforms in the country. In the Mexican Congress, the bill was revised considerably by legislators. For instance, at the onset, the proposal would have allowed 100 per cent foreign investment in radio, television and telecommunications. But after two weeks of congressional tinkering, the law was restricted. In the approved version of the bill, foreign investment in radio and television is now limited to 49 per cent, although it could be higher — if the foreign company is from a country that offers reciprocal treatment to Mexicans. Fixed line telephony and cellular phone is set at 100 percent. The bill will impact Carlos Slim, now owner of Telmex, a fixed line telephony company that controls most of the country’s fixed lines, and Telcel, the country’s largest cellular telephone company.
The multi-milllion dollar open, non-cable television spectrum in Mexico is controlled by two media giants, Televisa and Azteca Television, which have controlled open waves for several decades.
The bill also creates a new regulatory body that will be functioning in 2014.
Critics such as Ernesto Villanueva welcomed the bill’s recognition of community radio in Proseco Magazine, but worried about the future of such local media, because the law does not permit them to seek publicity. The World Association of Community Radios, AMARC, urged the Mexican Congress to protect the rights of marginalised communities.
When asked his opinion about the reform, Carlos Slim, the world’s richest man, according to Forbes, said he welcomed the reform which will improve broadband, telephone and television and radio industries in Mexico. Since the reform was made public, stock prices for America Movil, Slim’s company plummeted causing $6 billion dollars in losses.
A new telecommunications reform that was presented in Mexico by the government of Enrique Peña Nieto has been heralded worldwide. The reform bill seeks to amend the Mexican Constitution and will open the telephony and television industries. The changes had been recommended last year by the Organisation for Economic Cooperation and Development, which said the lack of competition in the telecommunications sector cost Mexico $25 billion dollars a year and offered among the highest prices in the world to consumers.
The Mexican Congress’ lower house approved the law on Thursday March 21 and the Mexican Senate is expected to approve it in April. The version approved opens radio, television and telecommunications to foreign investment. The reform was presented to Congress in February, a feat reached by the Pact for Mexico, a multi-party front that seeks to introduce major reforms in the country. In the Mexican Congress, the bill was revised considerably by legislators. For instance, at the onset, the proposal would have allowed 100 per cent foreign investment in radio, television and telecommunications. But after two weeks of congressional tinkering, the law was restricted. In the approved version of the bill, foreign investment in radio and television is now limited to 49 per cent, although it could be higher — if the foreign company is from a country that offers reciprocal treatment to Mexicans. Fixed line telephony and cellular phone is set at 100 percent. The bill will impact Carlos Slim, now owner of Telmex, a fixed line telephony company that controls most of the country’s fixed lines, and Telcel, the country’s largest cellular telephone company.
The multi-milllion dollar open, non-cable television spectrum in Mexico is controlled by two media giants, Televisa and Azteca Television, which have controlled open waves for several decades.
The bill also creates a new regulatory body that will be functioning in 2014.
Critics such as Ernesto Villanueva welcomed the bill’s recognition of community radio in Proseco Magazine, but worried about the future of such local media, because the law does not permit them to seek publicity. The World Association of Community Radios, AMARC, urged the Mexican Congress to protect the rights of marginalised communities.
When asked his opinion about the reform, Carlos Slim, the world’s richest man, according to Forbes, said he welcomed the reform which will improve broadband, telephone and television and radio industries in Mexico. Since the reform was made public, stock prices for America Movil, Slim’s company plummeted causing $6 billion dollars in losses.
