15 Feb 2013 | Uncategorized
A ruling at the Appeal Court in London yesterday could set a dangerous precedent on one of the most important issues in online free speech. The ruling could mean that Internet Service Providers such as Google and Facebook become recognised as “publishers” of material, rather than “mere conduits” and thus legally responsible for material posted on their platforms.
The case, brought by aspiring Conservative politician Payam Tamiz against Google*, hinged on whether or not Google was responsible for comments posted on a blog hosted on its Blogger blogging platform. Tamiz claimed to have been libelled by the “London Muslim” blog, which was hosted on the platform. He had approached Google to ask the blogger to remove the defamatory comments. After five weeks, Google did approach the blogger, asking him to delete the alleged slurs, which he duly did. But Tamiz continued to pursue a case against Google.
Tamiz initially lost his case, and, it should be noted, he lost his appeal this week too.
But the ruling on the appeal raises some interesting questions, and could pave the way for future actions against Internet Service Providers.
The key question seems to be what is a respectable time between being told of alleged defamatory publications, and actually becoming responsible for them.
Referring to Byrne v Deane, a 1937 case involving a defamatory note posted on a golf club notice board, the Master of the Rolls, Lord Justice Richards, commented that “[…]it is in my view open to argument that the time taken was sufficiently long to leave room for an inference adverse to Google Inc on Byrne v Deane principles.
“The period during which Google Inc might fall to be treated on that basis as a publisher of the defamatory comments would be a very short one, but it means that the claim cannot in my view be dismissed on the ground that Google Inc was clearly not a publisher of the comments at all.”
The suggestion is that eventually, Google does become responsible for content.
This reads like a threat to the concept of “mere conduit”, the concept enshrined in the European Union e-Commerce Directive establishing that ISPs cannot be held responsible for content on third party blogs, Facebook updates, tweets etc.
That concept is increasingly coming under threat. Just recently, Belfast lawyer Paul Tweed suggested to the Guardian that companies such as Google, Facebook and Twitter could be subject to “EU defamation cases”, in the courts in Ireland, where all three companies have major European bases.
Such a move could seriously threaten the way the web works. We rely on private ISPs to host our various interactions. Making them legally responsible for everything we post could lead to a situation where they severely narrow their terms of service, and even attempt to engage in some kind of censorship in order to avoid litigation. This shift in responsibility is not what the ISPs want, and certainly not what web users need.
*Google is one of Index on Censorship’s funders. Index’s editorial positions are independent of all its funders
15 Feb 2013 | Azerbaijan News, Mexico
Until a couple of months ago, few in Mexico City knew who Heydar Aliyev was, and even fewer of those were aware that a marble and bronze statue erected in his honour sat smack in the middle of Reforma Avenue, one of Mexico’s most recognised streets. A plaque standing before the statue detailed the former president of Azerbaijan’s “loyalty to the universal ideals of world peace”. But the presence of the dead dictator sparked controversy in Mexico City.
The conflict over how Mexico City accepted $5 million dollars from Azerbaijan to build the statue, as well as a park, has been brewing since November. The agreement to build the statue was reached by the leftist government of the Partido de la Revolucion Democratica (PRD) after some of its representatives traveled to Azerbaijan in an all expenses paid junket the previous year.
It wasn’t until the statue was up that there were rumblings from other European ambassadors. Aliyev’s not so clean past was revealed in the local press, including the fact that he had probably engaged in pogroms against Armenian citizens.
Mexicans began to consider whether they should bring down the statue. Initially the Azerbaijan ambassador, Ilgar Mukhtárov, threatened to break off relations if the statue was removed. The Christmas holidays slowed down the conflict. But finally, in late January, the Azerbaijan embassy and city officials agreed to move the statue to another more suitable place in Mexico City — a storage area.
14 Feb 2013 | Uncategorized
On the eve of Valentines Day, the Pakistani government issued a staunch warning to its media to avoid reporting the “depraving, corrupting and injuring” holiday. It’s not banned in Pakistan, but Pakistan’s Electronic Media Regulatory Authority warned the press that a “large chunk” of its population are against Valentine’s Day celebrations on principal, with some Islamist groups protesting against the festivities. The Malaysian government has offered similar warnings to its Muslim population. In India, activists of the Shiv Sena Hindu right-wing group held protests against St Valentine.
— An anti-Valentine’s Day demonstration held in Amritsar, India
Many Indonesian officials and clerics see Valentine’s Day as nothing more than an excuse for illicit pre-marital relations. The deputy mayor of Depok, Idris Abdul Somad, warned the public off celebrating and dismissed Valentines Day as a public holiday for sex and urged citizens to replace romance with religion by participating in Islamic activities. In Jambi, on Sumatra island, and Solo, in Central Java, hundreds of students held protests against Valentine’s Day on 13 February. In Aceh, the only Indonesian province living under Islamic law, authorities enforced a ban on novelty gifts.
In Iran, Valentine’s Day was banned in 2011 to avoid the spread of western culture. It didn’t stop some citizens from celebrating today though, as shoppers hunted for gifts, despite the regime banning the sale of cards or heart shaped novelties, with florists being threatened with closure should they sell red roses. In Saudi Arabia it’s a similar story; Pre-marital relations are met with staunch punishment. Valentine’s is viewed as a pagan holiday and activities are monitored and curbed by the Commission for Promotion of Virtue and Prevention of Vice.
The censorship of Valentine’s Day isn’t excluded to Islamic countries. In Florida, high-school goers learned the hard way that school is for learning, not for loving after two Orlando schools banned Valentine’s Day, promising to turn away deliveries of gifts that arrive at school to avoid distraction.
Regardless of sanctions, lovers will still exchange the whispers of sweet nothings and secretly bought gifts. This Valentines Day, whether it’s a Mills and Boon novel for one, or a supermarket meal deal for two, remember that it’s not forbidden — yet.
14 Feb 2013 | Uncategorized
A Bahraini teenager has been killed by security forces today (14 February) during demonstrations to mark the second anniversary of the Bahrain revolution. Al Jazeeera reported the 16-year-old boy’s name as Ali Ahmed Ibrahim al-Jazeeri. He allegedly died from internationally banned exploding bullets after Bahraini authorities opened fire on the mounting crowds in Al DAih, near the capital Manama. The interior ministry announced a death on its Twitter this morning, but didn’t disclose any further details.
— A child painted with the national colours of Bahrain during the uprisings second anniversary protests, in which a teenager was killed
Evidence given by Jeremy Paxman and a senior BBC official to the BBC internal inquiry into its handling of the Jimmy Savile affair will be removed from public transcripts detailing the investigations evidence. Lawyers examining the soon to be published transcripts said that evidence from the Newsnight presenter and global news director Peter Horrocks was potentially defamatory, and was particularly critical of how BBC management handled the criticism arising from the Savile scandal in Autumn last year. The findings of the inquiry, overseen by former head of Sky News Nick Pollard, were published by the BBC in December. The report examined the corporation’s handling of Newsnight’s dropped investigation into the case in 2011, and its later response after Savile was allegedly outed as a paedophile in October 2012. At the time the transcript was produced, those giving evidence reportedly didn’t know the report was to be made public. Overall, less than 10 per cent of the Pollard review transcripts will be redacted before publication.
A powerful new firewall used to censor online activity could be established in Pakistan within the next month. The Pakistani government has allegedly been working with the same technology companies that helped Iran, China and Libya curb online dissent, to allow authorities to block pornographic or blasphemous online content. Pakistan’s interior minister Rehman Malik confirmed the reports on Twitter, saying The Pakistan Telecommunication Authority (PTA) were in their final negotiations for obtaining the software. The PTA originally tried to introduce a similar $10million measure in 2012, which was quashed after being met with fierce public opposition. Whilst Pakistan claims to use the firewall to protect the country’s internet users from blasphemous and pornographic content, it has already blocked a number of unrelated sites, such as the US-based Buzzfeed.
An NHS whistleblower under investigation for high mortality rates has voiced concerns over patient safety despite a legal gag preventing him from speaking out. Gary Walker warned civil servants that he had been given the same choices that had resulted in the Mid Staffordshire NHS Foundation Trust scandal. He was fired from his job as chief executive of United Lincolnshire Hospitals Trust in 2010 for gross professional misconduct, allegedly because he swore during a meeting. Walker claims he was fired for refusing to meet Whitehall targets for non-emergency patients and then gagged as part of a reported £500,000 settlement emerging from an unfair work dismissal tribunal. He said he was instructed by the East Midlands Strategic Health Authority to meet the 18-week non-emergency target “whatever the demand” and was told to resign when he refused to do so. East Midlands Strategic Health Authority refuted the claims. The Francis report published last week recommended that gagging orders on NHS staff be lifted, orders which Walker said were due to a “culture of fear” within the service. His case has been raised in the commons.
The Israeli government has admitted that “Prisoner X”, the mystery detainee who later committed suicide in solitary confinement, was in fact a spy for Israel. Ben Zygier, as he is now known from reports, was part of Israel’s external intelligence forces known as the Mossad and was arrested in 2010 for charges which still remain unspecified, though they were revealed to be serious. The detention of Australian-Israeli Zygier was reportedly enshrouded in such secrecy that even the prison guards didn’t know his true identity or alleged offence. The information was revealed after a gagging order which forbade the media in Israel from reporting on the case was partially lifted by the Israeli government on 13 February.
