Belarus: Laws and regulations stifle independent media


Join Index at a presentation of a new policy paper on media freedom in Belarus on 19 February, 2014, 15.00 at the Office for Democratic Belarus in Brussels.


This article is the third of a series based on the Index on Censorship report Belarus: Time for media reform.

Despite the constitutional guarantees and international obligations, Belarusian laws, by-laws and practices of their implementation seriously restrict the media freedom. The Law “On Mass Media” and practices of its implementation have negative effects on media diversity, including complicated procedure of compulsory registration of media outlets. The law can be used to push independent newspapers to the verge of being closed down. The procedure of accreditation and laws on state secrets are also used to restrict access to information.

Law “On mass media”

The Law “On Mass Media” was adopted in 2008 and came into force on 8 February 2009, despite concerns voiced by the Belarusian Association of Journalists and the office of the OSCE Representative on Freedom of the Media. Five years after the law came into force, the fears of civil society and international organisations have proved to be well-founded. In particular, the following provisions of the law have been assessed to be restrictive:

• new media outlets have to apply for permission to be registered, which is an impediment to the right of freedom of expression;
• the process of licensing of broadcast media is non-transparent;
• the process of accreditation restricts journalists’ access to information;
• activities of a media outlet can be suspended or cancelled on the basis of a court appeal by the Ministry of Information, with no regard to proportionality or freedom of expression; the process to cancel a broadcasting license is even simpler;
• the government of the country receives the right to regulate activities of “media that are distributed via internet”, although there is no definition of online media in the law.

Registration of media outlets

The compulsorily registration of the print media, which has a chilling effect of media freedom, is still used in Belarus.

Article 13 of the media law provides for obligatory registration of any printed publication with a circulation of more than 299 copies. The registration process in Belarus has two stages; it is necessary to register an editorial board as a legal entity, and then to apply for registration of a media outlet. The law is arbitrary and presents a barrier to new entrants to the media market.

Editors of new media outlets must have higher education and at least five years of experience as editor-in-chief of a registered media. This is an arbitrary provision that makes it difficult for new media outlets to establish themselves. There are also additional restrictions that the Ministry of Information imposed in its decrees No. 17 and 18 of 7 October 2009, although they are not provided for in the law. There is a general rule that a company that is a unitary enterprise can be registered at its founder’s home address. Editorial boards of mass media that are unitary enterprises don’t have such right as the Ministry of Information demands them to have separate offices in non-residential premises.38

In 2010-2012 the ministry of information issued 105 refusals to register new media outlets. “These are not draconian measures. We have the media law; we have always acted and will continue to act within the framework of this law,” commented Aleh Praliaskouski, the Minister of Information.

Newspapers with a circulation of less than 300 copies are not obliged to register, but their activities are also regulated and controlled by the state. Each publication with a circulation of more than ten copies has to send at least five copies to state regulatory bodies according to “an obligatory mailing list.” Moreover, state bodies, first of all public prosecutors’ offices, demand such small-circulation publication to register as legal entities, thus obliging them to rent offices, pay taxes and employ editors according to the rules of the ministry of information. On several occasions the local prosecutors’ offices has issued warnings to publishers of such small-circulation media. These restrictions contradict the approach set out by the United Nations Human Rights Committee that stated that the requirements for the obligatory registration for small-circulation publications that are not issued on a regular basis is excessive; it has chilling effect of freedom of expression and it cannot be justified in a democratic society.

Suspension and closing down of media outlets

Possibility of suspension and closure of media outlets is still a major problem despite changes in the law. The previous media law provided for a possibility to close down a media outlet by a court decision if the media violated Article 5 of the law at least twice within a year. Article 5 of the media law contained a list of ten particular violations that could lead to a court appeal against a media outlet.

In the new Law “On Mass Media” this article is omitted, but this is not necessarily an improvement. On the contrary, Article 51 of the present media law allows for the closing down of any media outlet after any two (or, in some cases, even after one) warning, issued by the ministry of information or a prosecutor’s office, for any infringement, even a minor one.

In 2010-2012 the ministry of information issued 180 official warnings to mass media; two of them, Narodnaya Volia and Nasha Niva, were on the verge of being closed down. The ministry withdrew its claims, but the legal framework that allows closing media outlets down is still in place.

Case study: Appeals against Narodnaya Volia and Nasha Niva

In 2011 the ministry of information appealed to the supreme economic court with a legal claim to close down two leading independent newspapers Narodnaya Volia and Nasha Niva.

Prior to the appeal the ministry issued three warnings to Nasha Niva. Two of them were issued for articles over the reaction of the Belarusian authorities to a Russian documentary called “God Batska” (a reference to the title of Francis Ford Coppola’s Godfather movie and a Belarusian word “batska” meaning “father”), in which president Lukashenko was criticised. The film was broadcast by the Russian NTV television channel in 2010-2011 to considerable public interest. One more warning was issued for an article about a bomb blast in the Minsk underground on 11 April 2011; according to the minister Aleh Praliaskouski, the reason for the warning was “improper coverage of the bombing.”

Narodnaya Volia received four official warnings before the appeal. The last one was issued for an article called “Goebbels-TV is on air” and was a critique of a highly sensationalist documentary broadcast by state television about events after the presidential election of 19 December 2010 in Minsk that accused the opposition of organising mass riots.

The newspapers appealed against the warnings and a court examination of their cases was postponed. While it was on hold, on 6 July 2011 the ministry of information issued one more warning to each of the two newspapers stating that Nasha Niva did not publish its subscription index in a single issue and that Narodnaya Volia had printed the wrong number of issues.

In July 2011 the Ministry of Information withdrew its court appeals to close the newspapers down. The decision to withdraw the appeal was arguably due to the significant public response to the case, including reactions from the international community. It is worth mentioning, that Narodnaya Volia and Nasha Niva were the two independent newspapers that were returned to the state press distribution systems in 2008; at that time it had been presented as a step forward by the authorities of Belarus in order to normalise their relations with the EU.

Despite the court appeals against the newspapers being withdrawn, each of the publication was fined 14 m roubles (about £1,800) for violation of Article 22.9 of the administrative code (“violation of the media legislation by a mass media outlet iteratively within a year after a previous written warning”).

Regulation of online media

While online media in Belarus are able to operate relatively freely, the authorities of the country reiterate their commitment to introduce tougher regulation for information websites to duplicate restrictions media face offline. It already resulted in restricting the access to several independent news websites that are included in an official black list.

Articles 11 and 17 of the media law provide for the registration of “mass media that are distributed via the internet global computer network” while giving space for the council of ministers to develop particular regulations. At the same time, the law provides no definition of online media. No governmental decree on the regulation of online media has ever been actually published, despite the law being in force for five years.

The current definition in the law allows the government to in theory consider many different types of websites as “mass media that are distributed via the internet global computer network”; including corporate websites that publish updates and personal blogs. Presidential decree No. 60 (On the Measures to Improve the Use of the National Segment of the Internet Network), signed on 1 February 2010, marked a new set of challenges to online free speech.

About 20 different by-laws and governmental decrees have been adopted since to regulate the implementation of different provisions of the decree No. 60. None of them specifically addresses online media outlets, but they influence activities of Belarusian websites. In particular, the present legislation provides for the following regulations:

• all Belarusian websites that provide services to citizens of Belarus must be moved to the national .by domain zone and be physically hosted on servers, located in the country;
• customers of internet cafes are obliged to register and present their passports before they can go online;
• internet service providers must identify all internet connections and store data about their customers and websites they visit; ISPs are also obliged to install technical system for search and surveillance in the internet, System for Operative Investigative Activities (SORM), that the police and security services officers have access to;
• “lists of limited access” of websites are introduced; the sites on the list are banned from access from computers at state bodies, educational institutions, public libraries, etc.

Governmental regulation of online media may be introduced in the near future. According to Belarus’s deputy information minister Dzmitry Shedko, “the most influential Belarusian websites may be given the mass media status.” The Deputy Minister stated in November 2013 a working group had been set up to address this issue. The ministry is taking a restrictive approach to regulation of online media. Only representatives of government agencies have been included in the working group. The deputy minister has argued the regulations are a necessity to make “the most popular and influential websites accountable for distributing any kind of information”, including a possibility of revocation of registration for breaking the regulations.

As Sedko reiterated in his letter to Index in November 2013, “at the moment the ministry of information is considering the issue in detail in order to elaborate an optimal decision to be suggested to the council of ministers.”

Independent media experts have noted that the proposals will not create additional opportunities for the journalists of online publications. In line with the practice of the current law, the regulation seems to be intended to introduce additional responsibilities for online media outlets to restrict their coverage in a similar manner to that of the printed press.

Possible media law reforms

The authorities of the country have been quite reluctant to discuss or implement recommendations on reforms of media-related legislation. Nor have there been changes to the implementation of the law to bring the practices of public bodies in line with international standards. In particular, the country’s officials have stated they do not recognise the mandate of the UN Special Rapporteur on the Situation of Human Rights in Belarus, Miklós Haraszti, and will not cooperate with him.

Dunja Mijatović, the OSCE Representative on Freedom of the Media, was able to make an official visit to Minsk in June 2013 and welcomed “the readiness of the authorities to intensify dialogue and co-operation with her office on much needed improvement of the media freedom situation.”

Still, the analysis presented in this policy paper shows the overall developments in the media field are no more positive than a few years ago. The authorities of Belarus show little sign of wishing to discuss reforms of the media field with civil society. Attempts by the Belarusian Association of Journalists to apply to the standing commission on human rights, national relations and mass media of the house of representatives of the national assembly to hold an open and public discussion on media-related laws and their implementation in Belarus were rejected. As was BAJ’s proposal to the national parliament to discuss reform of the media law with international experts, in particular the OSCE.

Andrei Naumovich, the chair of the standing commission, replied to BAJ on 15 February 2013, that all the suggestions were “considered in detail with the ministry of information.” According to the ministry, “at present the Law ‘On Mass Media’ functions stably, it allows solving current practical problems in activities of mass media, and fosters the advancing development of information field of the country.” Naumovich informed BAJ the parliamentary commission “considers initiating of amendments to the media laws to be unreasonable.”

Index on Censorship approached the ministry of information of Belarus in October and November 2013 to discuss media reform. The ministry did not reply to a request for a meeting in Minsk. The ministry responded in a letter with Shedko, deputy minister, stating that the ministry “conducts systematic analysis and monitoring” of implementation of media-related legislation in the country; it also “considers suggestions of citizens and legal entities on these issues” and “initiates amendments in the media law, when necessary” though gave no specific examples of this. In January 2014 Usevalad Yancheuski, the head of the principle ideological department of the presidential administration, informed BAJ that the ministry of information “is requested to invite representatives of journalistic organisations” to be involved in the work on possible amendements to the media law, but it has led to no particular steps so far.

Accreditation and state secrets laws as means of restriction of access to information

There are various ways in which access to information for journalists is restricted in Belarus. The main two of them are the accreditation of journalists and the use of secrecy laws.

The procedure of accreditation is understood by state bodies as a permission they are entitled to grant – or to reject – to a journalist for receiving official information from them.

Additional barriers to access to information are created by the laws on state secrets and state service. These laws contain vague and broad definitions of data that can be declared a state secret. More than 60 different state bodies and institutions have the right to attribute certain information to be a state secret; the list of organisations includes the ministry of information, the ministry of culture, the ministry of education, the National State Television and Radio Company and regional authorities. Loosely-defined provisions in these laws allow for the restriction of access to information of public interest by labelling certain data as a “state secret”.

Criminal defamation

Criminal defamation is chilling to freedom of expression. A prison sentence may lose a journalist their job, while a criminal record may make them unemployable in the future. Belarus continues to criminalise defamation, even though the UN special rapporteur on freedom of expression has called for its decriminalisation.

Six articles of the Criminal Code provide for criminal liability for libel and defamation, while offering additional protection to state officials, including the president of the country. These articles have been used against journalists. In July 2011 the journalist Andrzej Poczobut received a three-year suspended jail sentence for libelling the president. A year later he faced similar charges again. The journalist spent ten days in detention in June 2012. In 2013 the new criminal case against him was cancelled and all charges were dismissed.

A criminal case against the journalist Mikalay Petrushenka was initiated in 2012. He was charged with insult of a state official; his article for Nash-dom.info website allegedly contained “public insult” of a deputy head of Orsha local authority. Linguistic experts who analysed the text found no insulting words or expressions there; the case was dropped in October 2012.

Belarusian law provides not only for criminal, but also administrative and civil liability for defamation. It can be noted as a positive development that in recent years there have been no administrative or civil libel cases against media or journalists were initiated by Belarusian officials.

Anti-extremism laws used to put pressure on media and journalists

Anti-extremist legislation has been used in Belarus to curtail media freedom. The current law “On Counteraction to Extremism” came into force in 2007. It contains vague and ambiguous definitions of terms “extremism” and “extremist materials” that allow for its arbitrary implementation.

On 10 January 2011 the ministry of information cancelled the broadcasting license of Avtoradio for distribution of information that the ministry considered “public appeals for extremist activity” after the authorities broadcast an election appeal by opposition candidate Andrei Sannikov during the 2010 presidential elections. The appeal contained the phrase “the fate of the country is determined not in a kitchen, but on the square” a phrase the authorities deemed as an appeal to extremism. All attempts of Avtoradio to appeal against the decision were unsuccessful.

In October 2012 the authorities started a full-scale tax inspection of ARCHE magazine. The department of financial investigations blocked bank accounts of the magazine, thus making its further issuing impossible. In two pieces shown by state television Valery Bulhakau, the editor of ARCHE, was in fact accused of “dissemination of extremist literature”. That slander campaign forced Bulhakau to temporarily leave the country. Later the case was dropped.

Forty-one copies of Belarus Press Photo album were confiscated on 12 November 2012 by Belarusian customs officers on the border between Belarus and Lithuania. The KGB, state security committee, appealed to court with a request to consider the album to be “extremist material”. According to the KGB, the photos “reflect only negative aspects of life of the Belarusian people with authors’ personal insinuations” and thus they “humiliate citizens of Belarus” and “belittle the authority of the state power.” The publication that contained the best press photos by Belarusian photo reporters was considered extremist by Ashmiany District court on 18 April 2013; all the confiscated copies of the album were destroyed. In September 2013 the ministry of information cancelled the publishing license of Lohvinau Publishing House which was the publisher of Belarus Press Photo album. The publisher appealed against the decision, but in November 2013 the supreme economic court of Belarus upheld the decision by the mnistry of information to cancel the licence of the Lohvinau Publishing House.

Other laws are also used to persecute journalists for their legitimate professional activities. In August 2012 Anton Suriapin, a journalism student, was charged with assisting an illegal crossing of the Belarusian border. He had posted photos on his blog of teddy bears dropped by parachute over Belarus by a Swedish PR firm to protest over the lack of media freedom in the country. He was arrested and detained by the KGB for more than a month, but later released. On 29 June 2013 the KGB announced that a criminal case against Anton Suriapin was dropped, and he was cleared of all charges.

Recent years have seen no improvements of the media-related legislation in Belarus, despite continuous calls for reforms from civil society of the country and international community. The media law remains restrictive; it fails to foster the development of pluralistic and independent news media through a complicated procedure of compulsory registration of new media outlets and possibilities for the state to close down existing media even for minor infringements. The authorities clearly look into expanding the restrictive regulation to online news media, while access to some independent websites is already restricted in Belarus. The procedures of journalists’ accreditation and laws on state secrets are used to restrict access to information. Criminal defamation and anti-extremist laws are used to curtail free speech. Despite the recent talks between Belarus’s Foreign Ministry and the Office of the OSCE Representative on Freedom of the Media, the authorities of the country remain reluctant even to discuss any possible legal reforms of the media field with civil society.

Media-related legal framework: Recommendations

The Law “On Mass Media” must be reformed, in particular:

• to secure independent self-regulation of journalism, allowing reporters of both online and offline news media, including freelance journalists, to operate freely;
• registration procedures for new media outlets should be simplified to lift all the artificial restrictions for entering the media market;
• a possibility of extrajudicial closing down of media should be eliminated; the Ministry of Information should not have the authority to impose sanctions on media, including initiating of cases of closure of media outlets.
Six articles of the Criminal Code providing for criminal liability for defamation should be abolished:
• Article 188 “Libel”
• Article 189 “Insult”
• Article 367 “Libel in relation to the President of the Republic of Belarus”
• Article 368 “Insulting the President of the Republic of Belarus”
• Article 369 “Insulting the representative of the authorities”
• Article 369–1 “Discrediting the Republic of Belarus”

Equal and full access to information should be ensured for all journalists of both online and offline media. The institute of accreditation should not be used to restrict the right to access information. In particular, the existing ban for cooperation with foreign media without an accreditation should be lifted as it contradicts the Constitution of Belarus and its international commitments in the field of freedom of expression.

Several provisions of the presidential Decree No 60 of 1 February 2010 on regulating the internet should be dropped in line with the recommendations in “Belarus: Pulling the Plug“, along with various other edicts related to the implementation of the decree. In particular, owners of websites should be free to register them at any domain and host them in any country. News websites should not be black-listed and blocked.

Part 1 Belarus: Europe’s most hostile media environment | Part 2 Belarus: A distorted media market strangles independent voices | Part 3 Belarus: Legal frameworks and regulations stifle new competitors | Part 4 Belarus: Violence and intimidation of journalists unchecked | Part 5 Belarus must reform its approach to media freedom

A full report in PDF is available here

This article was published on 13 February 2014 at indexoncensorship.org

Five things banned from university campuses

1. The Flying Spaghetti Monster

The poster, used by the London South Bank University's atheist society, was banned by student union officials (Image: DavidPWFreeborn/Twitter)

The poster, used by the London South Bank University’s atheist society, was banned by student union officials (Image: DavidPWFreeborn/Twitter)

In the most recent incident of student-orchestrated censorship, a poster promoting a university society, which depicts God from Michelangelo’s famous Creation of Adam as a flying spaghetti monster, has been banned from public view.

Members of London South Bank University’s atheist society put up the poster last week as part of a freshers’ fair stall; it was later reportedly removed by student union officials for being “religiously offensive”, with the society’s stall taken down the following day.

The Church of the Flying Spaghetti Monster has been used by atheists as a satirical way of criticising beliefs in a supreme being, first appearing in American schools in 2005. The anti-religious statement has since caught on at British universities.

2. ‘Jesus and Mo’ t-shirts

Members of the London School of Economics atheist society were told to cover up their t-shirts depicting the cartoon 'Jesus and Mo' during a freshers' fair. (Image: AuthorJ&M/Twitter)

Members of the London School of Economics atheist society were told to cover up their t-shirts depicting the cartoon ‘Jesus and Mo’ during a freshers’ fair. (Image: AuthorJ&M/Twitter)

Another atheist society, another fresher’s fair, and another case of a university smothering the free speech of its students. This time, members of the London School of Economic SU Atheist, Secularist and Humanist Student Society were banned from wearing t-shirts depicting images from the controversial ‘Jesus and Mo’ cartoons in October 2013.

According to members of the society passers-by had complained to SU staff about their t-shirts and several pieces of literature. They were told by a member of the LSE Legal and Compliance Team and Head of Security said that the t-shirts could be considered “harassment”, as it could “offend others” by creating an “offensive environment”. The t-shirts were unwillingly covered up.

In response to the fiasco the creators of the cartoon produced a new comic strip. The university also made a public apology in December.

3. Robin Thicke’s Blurred lines

Robin Thicke's Blurred Lines song has been banned in at least 20 student unions after it was released in March 2013. (Image: George Weinstein/Demotix)

Robin Thicke’s Blurred Lines song has been banned in at least 20 student unions after it was released in March 2013. (Image: George Weinstein/Demotix)

First it was the University of Edinburgh, then Leeds University followed suit. Now, around 20 university student unions across the UK have banned the playing of Robin Thicke’s song Blurred Lines .The chart-topping hit, featuring Pharrell Williams, T.I., and an original music video deemed too risqué for YouTube, has been accused of being “rapey” and includes the lyrics “Talk about getting blasted, I hate these blurred lines, I know you want it, but you’re a good girl, the way you grab me, must want to get nasty.”

The Guardian might be on the right track with their claims of Blurred Lines being the most controversial song of the decade but should universities really be allowed to dictate what their students listen to?

4. People

George Galloway attends an anti-war rally in 2011 (Image: Paul soso/Demotix)

George Galloway attends an anti-war rally in 2011 (Image: Paul soso/Demotix)

It’s not just posters and protests that have been banned by universities- in some instances people, usually those scheduled to speak at a university-held event, have been informed it would not be acceptable for them to participate. For instance, an invitation for MP George Galloway to speak at an event by the University of Chester Debating Society was revoked by the student union under the National Union of Students’ No Platform policy . Galloway had recently been involved in several controversial incidents, including refusing to debate with an Israeli Oxford University student during a panel discussion panel as well as referring to the Julian Assange rape allegations as merely “bad sexual etiquette”.

Several other speakers have been denied attendance to university lectures and debates.

5. Student protest at London universities 

Students defy the protest ban imposed by the University of London to speak out against the privatisation of university support services. (Photo: Peter Marshall/Demotix)

Students defy the protest ban imposed by the University of London to speak out against the privatisation of university support services. (Photo: Peter Marshall/Demotix)

Although not a ban implemented by a student union, as of December 2013 at least four London-based universities have banned student protests on campuses for six months. The offending universities- University College London, the School of Oriental and African Studies (SOAS), Birkbeck and the London School of Economics- announced that any students found holding sit-in protests in an area of Holborn, which includes a student union and the buildings of SOAS and Birkbeck, would face imprisonment.

The injunction on student protests by the University of London was passed by the High Court in-light of violent clashes between students, disputing the proposed privatisation of university support services, and police at the beginning of December.

 

UPDATE: London South Bank University have issued an apology for removing the South Bank Atheists Society’s posters of Flying Spaghetti Monster. Full story at the British Humanist Association 

This article was posted on February 12, 2014 at indexoncensorship.org

Harry Potter and the Inevitable Sectarian War

A dangerous fanatic, yesterday (Image Demotix/David Mbiyu)

A dangerous religious fanatic, yesterday (Image Demotix/David Mbiyu)

Last weekend, I appeared on the BBC’s The Big Questions, the Sunday morning religion and ethics show that airs at precisely the time Christians should be at church services.

The Big Question I’d been hauled in to address was whether there were any topics that were too sacred for humour – a variation of the old “where do you draw the line?” which has been in the news quite a bit of late, with the Jesus and Mo cartoon controversy (which started with The Big Questions), the attempt in Northern Ireland to ban a Reduced Shakespeare Company play based on the Bible, and the banning of demagogic French comic Dieudonne from the UK.

As it turned out, we barely discussed any of these specific topics, but rather kept to what could now almost be called the traditional touchstones in these conversations: Motoons and The Life Of Brian.

The discussion was disappointingly calm, but I did, I think, manage to get one crucial point across, one I’d been meaning to bring up since discussing the RSC ban in Northern Ireland.

In the context of religion, censorship is increasingly, simply, about control. Specifically, who is in charge of the sacred text.

At the height of the Rushdie Affair, Christopher Hitchens noted that it represented a war between the ironic mind and the literal mind. This was particularly apparent when watching Free Presbyterian preacher David McIlveen discuss the Reduced Shakespeare Company’s abridged Bible spoof. McIlveen could not, and would not understand the idea that his interpretation of a text was not the only one. Speaking on the Nolan show, he repeatedly suggested that the RSC was presenting a false version of the “Word of God”. Of course, to an extent, they were, but McIlveen seemed to confuse interpretation with, well, lying.

I was reminded of this while reading an exchange between Alex Clark and Stephanie Merritt in the Observer last Sunday.

They were discussing JK Rowling’s view that in hindsight, she would not have had Hermione and Ron, two characters from her Harry Potter series, ending up romantically entangled. Merritt and Clark debated interestingly on authorship and ownership, particularly in the age of fan fiction.

A lot of people are very emotionally attached to the Harry Potter stories, and no doubt some were genuinely unhappy with Rowling’s suggestion that well, the sacred text may be wrong after all. Even her position as creator of that particular universe did not leave her immune from criticism. As Merritt – a historical novelist whose own hero is heretic Giordano Bruno –  notes: “I can see why fans felt insulted. They’ve made an emotional investment in those characters and in the storyline as it exists.”

It’s unlikely that Rowling will revise the tale of Hermione and Ron’s romance, but, considering it’s quite possible that at some point, Potterism will become a religion (if grown adults are playing Quidditch, we’re probably half way there), then it’s worrying that Rowling has already introduced a potential point of schism. Do you believe in the true text? Do Ron and Hermione belong together? Or do you believe what the great transcriber of Potterism, Ro-Ling said, that they weren’t suited and maybe split after a fling. Should Hermione even have ended up with Harry?

This could be worse than anything Northern Ireland has seen.

This article was published on 11 February 2014 at indexoncensorship.org

Meltem Arikan: “We were prevented from expressing ourselves freely”

Awards Arikan

This is the third part of a series of conversations with Turkish playwright and author Meltem Arikan about her play Mi Minor and her experiences during the Gezi Park demonstrations.

Julian Farrington, head of arts programmes at Index on Censorship spoke to Arikan about how this government-orchestrated terror campaign was to change her life.

On 2 June Arikan – with her friends Pinar Ogun, Memet Ali Alabora and Melin Edomwonyi — struggled through the massive crowds of demonstrators on the streets of Istanbul, reaching her home around two in the afternoon. The peaceful Gezi Park demonstrations had turned violent.

There had been clashes between the protesters and the police during the night. The previous day they had been among a group of artists who they had gathered together to broadcast a message to the governor from Taksim Square. They called for him to end the excessive police response and use of tear gas on peaceful protesters.

On the evening of 2 June, the Turkish authorities would start naming and blaming in an attempt to explain this eruption of anti-government protest. As the finger pointing evolved into a hate campaign, Arikan and the artistic team behind her play Mi Minor were among those targeted.

Index: How long after the play finished did the Gezi Park protests start?

Arikan: Mi Minor was staged in Istanbul from 1 December 2012 to 14 April 2013. The play was performed 23 times, more than 10,000 people attended. Gezi Park protests started on 27 May.

Index: What was the reaction to the play?

Arikan: Mainstream media showed great interest in Mi Minor. Before and during the performances Memet Ali Alabora, director and lead actor, and Pinar Ogun, the lead actress, were interviewed and hosted by nearly all major TV channels, newspapers and magazines. After only 5 performances, Mi Minor was named Radikal Newspaper’s Best Play of the Year by readers.

At first the audience was not interacting much with the play. The first remarkable reaction was a woman throwing her shoe at the Pinima president. However, when young people started joining and interacting with the play, the perception of the overall audience and their involvement changed. When young people figured out that there was more than one game to be played in our play, they started responding to Mi Minor in such smart, humorous and joyful ways.

We also had great responses on social media all around Turkey as well as other countries —  Netherlands, France, USA, Canada, Egypt, Australia and more. The play became a trending topic four times during the performances in Turkey.

In time, we started to have fans who would come to the play or join online every week and plan their own little games. For example one of the digital actors abroad came up with the idea of Pinileaks on the internet during each performance about the Pinima president. A group of online audience members, who were following the play online, got organised and came to Istanbul. There were also friends who got very excited about the play and came from abroad to see it. The play had the Marmite effect: Some loved it. some hated it. There have been many reviews about the play by Turkish and international critics, including Liberté infoPaulanow and Archetypeinaction.

Index: Were there any other awards or plaudits?

Arikan: Students of Galatasaray University awarded Memet Ali Alabora as best actor. Pinar Ogun was nominated for best actress. I was nominated for the best playwright in the Lions Theatre Awards. The play was named the Best Play of the Year by the Karvak Awards, which we refused to receive as I mentioned in the previous article.

Index: Did the government make any comments or have any reaction to it?

Arikan: There weren’t any comments or reactions from the government during the period when the play was being performed.

Index: I know you were uneasy about how it might be received by authorities.  How did you feel it went?

Arikan: We took a great deal of care to make sure that our made-up country Pinima didn’t relate to any specific government, including Turkey. I observed that some of the audience felt uncomfortable when the Pianist was taking their pictures or interviewing them on Ustream. I believe this is mostly because people were afraid to be seen as opposing power, even though Pinima was a fictional country. After each performance many people said to us that we were very brave and asked us to be careful.

Index: So now, let’s go to the moment on June 2 when you got back to your house after the artists made the statement condemning police violence. What was your mood when you closed your front door?

Arikan: We were tired, angry and confused when we got home. I can say that we got more worried as the events got more violent. It was so painful to see young people lose their lives knowing it all started off to protect trees. We were trying to keep our nerves together as we followed the events on  Twitter.

Index: When was the first time you heard that you and your friends were being named as the architects of the Gezi Park uprising?

Arikan: On 1 June, the first accusation was made against my close friend and the director of Mi Minor, Memet Ali Alabora, by members of the ruling party, claiming that Gezi protests were attempts to establish the grounds for a coup and his tweet, which would become so famous, was shown as evidence:

“It’s not just a matter of Gezi Park, haven’t you realised yet? Come join. #resistgezipark”

It was shocking to see how politicians could show such a simple tweet as an evidence for such a huge claim. All Memet Ali did was to attend the protests during the first three days and use twitter to express himself. It was hard to believe how he was being singled out and targeted.

As I said in the previous article, I tried to explain what happened in the first three days of Gezi Park protests. From the second night onwards, the protest that started about trees attracted thousands of people who were coming to the park to give voice to a whole range of issues that they were concerned about. There were political activists, environmentalists; even Turkish Airlines staff, who were out on strike at the time joined the demonstrations. And on 30 May the day Memet Ali sent his tweet, there were people holding up banners about protecting the environment, the demolition of the Emek Theatre, destruction of forests and rivers and government interference in personal lifestyles. Memet Ali’s intention was to report what he saw happening, as he stated in his press conference after the accusations of Yeni Şafak Newspaper:

“I went to Gezi Park on 28 May to protect the trees and the culture of Istanbul. After continuous police violence, the protest turned against the force used to suppress freedom of expression. People who gathered there started to express themselves on matters they were not able to express before. This was also the case for me. For me, as well as Gezi Park, I wanted to express my concerns about a whole range of issues I saw happening in the city: the demolition of Emek Theatre, the change in Istanbul City Theatre’s regulation, State Theatres that were being closed down, the green fields being destroyed on the Asian side of Istanbul, the old central station to be made a commercial building. I meant all these when I tweeted ‘it’s not just a matter of Gezi Park’.”

After 1 June, a campaign was launched by government officials, politicians, pro-government media and their social media supporters claiming that the Gezi Park protests were an international conspiracy, with links to business, arts and NGOs. Businessmen, artists, executives of many NGOs, sportsmen, journalists and many others started to be targeted as part of this conspiracy. First Memet Ali, then Mi Minor and all related to the play, were one of the main focuses of this campaign.

Memet Ali attended a news programme a couple of days later; during the programme President of AKP (Turkey’s ruling Justice and Development Party) Istanbul Party Organization almost threatened him via twitter:

“Memet Ali and his allies/friends/ will be “overturned” [referring Memet Ali’s surname “Alabora” as it literally means “overturn”], and our brotherhood will win”

On 10 June, the pro-government newspaper Yeni Şafak came out with the headline, “What A Coincidence”, accusing Mi Minor as being the rehearsal for the protests, six months in advance. The subheadline said that “New information has come to light to show that the Gezi Park protests were an attempted civil coup” and continued claiming that “the protests were rehearsed months before in the play called ‘Mi Minor’ staged in Istanbul”.

After Yeni Şafak’s headline, the mayor of Ankara, started to make programmes on TV specifically about Mi Minor, also mentioning my name.  A news channel called A Haber ran a story about the graphic designer of the play, accusing her of being one of the masterminds of the social media behind the protests. They announced her full name and twitter account, giving false reports on her. She later lost her job as a consequence.

Index: The newspaper was making a direct connection between your play Mi Minor and the demonstrations.  How did they justify, support this claim?

Arikan: As I mentioned before, a smear campaign had already been launched. Any news by pro-government media were built on the premise that Gezi Park protests didn’t start as protection of trees but as an international conspiracy by the secret powers and the interest lobby against the emergence of a new Turkey.

This introduction to the article in the pro-government paper Yeni Şafak’s is an example of this conviction:

“The Gezi Park protests that started off with claims about cutting trees and which suddenly grew into a campaign calling for the government to resign, with false news on social media has come into its 14th day. New information on events has revealed they were an attempt to develop into an international operation with the support of the interest lobby, and throws a new light on the supposed innocence of the Gezi Park protests. There have been precise rehearsals of the Gezi events in the play ‘Mi Minor’ which was staged between 1st of December 2012 – 14th of April 2013.”

By projecting Memet Ali as someone “who has drawn attention with his provocative public tweets ever since the first day of the protests”, the newspaper tried to link his popular tweet with the play. In Mi Minor we used gourds in our fictional country Pinima, as a nonsensical export which was supposed to drive the economy. We were very cautious when choosing the symbols used in the play in order to create a unique country. Referring to the AKP’s use of a light bulb as their party symbol, the newspaper claimed that we were “targeting AK Party by using symbols that resemble the AKP symbol”. They presented the unique theatre style of Mi Minor as training for young people, teaching, “how people should revolt and how they can organise their revolution on social media”.

For the newspaper, Memet Ali’s participation in the protests, the gourds, the way social media was used in both the play and the protests, the portrayal of a dictator president in the play and the opportunity that the play gave for the audience to oppose to the President was enough to justify its  attack.

“The play “Mi Minor” proves that the Gezi Park protests, which was turned into a campaign to overthrow the government, were being staged on another medium before the actual protests started.”

Index: They claimed that you were part of a conspiracy, funded by foreign governments – can you tell us more about this?

Arikan: Once the premise of the conspiracy was established, any figure who somehow participated in the protests would always be linked to it, and thus to the foreign governments. On one of his programs the mayor of Ankara claimed, without proof, that Mi Minor was funded from abroad.

Ten days after their news on Mi Minor, Yeni Şafak featured another story, presenting Memet Ali’s holiday visits to the Red Sea and London as if they were preparations for Gezi protests. On various TV programs, websites and online forums Mi Minor or my name were being linked to secret international powers. Presentations were made to district organisations of the AK ruling party, explaining how Mi Minor was part of the international conspiracy.

There were so many groundless accusations that it is impossible to remember them all.

Index: You decided to lie low and stay in the house. What was it like in the house? Who was there? What was the atmosphere?

Arikan: Even now, I don’t want to remember what I went through during those days. We were extremely distressed. We were receiving hundreds of threats and accusations almost every minute via social media. We found it really difficult to believe what we were reading when we saw the news about Mi Minor. Even though most of the media covered Memet Ali’s press conference, it didn’t stop the accusations. The accusations were then carried on to TV.  Mi Minor was being discussed on various TV channels at least twice a week. Pinar and I started to use anti-depressant pills during this period because it was impossible to understand and cope with what was going on. I wasn’t just worried for myself but also for the people I love.

Index: The protests continued until long after you closed your front door. Did the police make any arrests in the days following the protests?  Given what was being written about you, did you expect they would arrest you?

Arikan: There were ongoing arrests at the time. We were prepared for every possibility. We knew it was also possible we would be arrested. It was nerve wracking to live with such uncertainty. There were continuous threats and accusations.  All this was happening because I created a play and attended a peaceful protest to protect trees.

Sadly, this was just a beginning for us. While the demonstrations were happening at Taksim and Gezi Park, the prime minister held several rallies. During his speeches at two consecutive rallies in Ankara and Istanbul, he read Memet Ali’s tweet to his supporters and made the crowd boo Memet Ali. Pinar and I were watching the prime minister’s speech live on TV. Pinar was shaking with fear and shock, she was repeatedly asking “why?” We were not sleeping. We were not talking with anyone outside the house or on the phone.

Several complaints were submitted to the prosecutors about Memet Ali. They sued him for encouraging a crime showing his tweet as evidence. Prosecutors eventually dropped all charges, though the last one was only dropped in January 2014.

It wasn’t the arrests we were afraid of. We feared for our lives. The days were hard to follow. We lost track of time. We were numb, timeless, sleepless and speechless. I don’t like to remember those days we had to spend at home.

Index: After a while of this attack on Memet Ali and others, the mayor of Ankara launched his personal campaign against you.  Why do you think he got so heated? Was there a particular political motive for his attacks?

Arikan: My nervous system had already been broken by the time I saw that one of the many programs on Mi Minor was now focusing on me. They were showing an edited version of one of my speeches that I made six years ago about secularism.  It was edited in such a way that I came across as an anti-Muslim agitator. What I found so brutal about this was the fact that they were using religion to provoke people against me. Religion has always been one of the most sensitive subjects in Turkey. What upset me most was the fear I witnessed in my son’s eyes and the anxiety that my partner was living through.

I find it dreadful for a politician to be able to play with people’s lives so easily. I don’t know what his political motive was. But I do know very well that these motivations do not include any humanitarian sensibility or responsibility. In responses to all these accusations, I wrote a confession for my column in Kazete, which was subsequently shared on many websites and through social media.

“I’M GUILTY I CONFESS

I’m guilty; as a woman writer, for years I’ve been rejecting the male dominated system and for the last couple of years I’ve been trying to understand and express what’s been happening during the transition period from the analogue world to the digital world.

I confess; two and a half years ago, using my intellect and my imagination, I wrote a play called “Mi Minor”. Our play was performed 23 times in 3 different venues with the permission of Governorship of Istanbul for each venue. My imagination fails me when I try to understand those who accuse us of rehearsing the Gezi Park events before it has started, provoking all that is currently happening in our country; linking us to various foreign organizations and part of an fantastical conspiracy theory relating to all these lies – even though they haven’t seen our play.

I’m guilty; I know that for thousands of years the culture of fear has been creating ‘the other’ through race and religious differences and has been making up rational reasons for wars by imposing hate and violence. I say ENOUGH to the analogue world order imposed by the male dominated system based on culture of fear, which is the one and only common culture of all societies in the world and which has been forced upon all societies, for thousands of years.

I confess; culture shall not be attributed to any society or any race. Culture is formed through the results of women and men’s existence(s) affecting each other and their interactions with nature. When defining cultural differences, the analogue world order has always disregarded the differences between men and women’s lives, which forms the foundation of all cultures. It’s women and men that create cultures and civilizations. It is a big mistake to restrict the parameters of cultural formation just with race, religion, geography and traditions, seperated from the existence of women and men.

I believe the new digital order will be constructed by accepting that societies are formed by women and men without prioritising race, religion, language and sexual differences.

I’m guilty; I believe in freedom of thought and freedom of expression by getting away from the pressures of all ideologies, political statements, military or civilian coups.

I confess; I want to think and live freely by moving away from the thought patterns that have been imposed by the patriarchal system for thousands of years.

I’m guilty; I know that the only reason of running away from reality, deflecting reality, creating ‘the other’ is fear.

I confess; I will not be frightened and to become ‘the other’.”

Index: Can you describe the nature of the campaign and how it was manipulating the public?

Arikan: On YouTube everyday different users uploaded the video made about me, which was presented by the mayor of Ankara on his son’s TV channel. Discussions and comments about me started to be made on digital forums and blogs during his campaign, referencing the banning of my book in 2004. I received hundreds of rape and life threatening emails and tweets as a result of this campaign.

Index: At what point did you start getting frightened for your safety?

Arikan: I started to get really angry because — as a woman writer supporting secularism — I have been pointed to as a threat to Islamic faith and destructor of the Turkish family order, over and over on TV and social media. Such accusations against any woman, is a threat on her life. However, I was never frightened for losing my own life, I still stand for everything I said, my fear was firstly for the security of my son and the people I love.

On 24 June newspapers carried very frightening news. A Islamist journalist claimed that he had heard that there was a contract out to kill Memet Ali. He didn’t mention any names or any organisations. This was when we really started to worry about our lives.

Index: From 1 June until the time you left the country, you did not feel safe to go out and for the most part, friends brought food and things you needed.  But you did go out once. What happened?

Arikan: Pinar and I had to go to the bank one day, since the bank is very close to where we live, we didn’t see any harm in driving there. But when we came back out from the bank we found the words “YOU ARE DEAD” written on the car. This of course upset us all very much. And just a few days after, I saw that mayor of Ankara’s son was tweeting about me for hours.

The selected sentences he chose to tweet about were all excerpts from my research publication called ‘The Body Knows’. He was clearly provoking people against me with false accusations and manipulating what I had written. Those tweets were the last straw.

I realised that we were surrounded, imprisoned in our own home and prevented from expressing ourselves freely.

I decided to leave to build a new life with my son, leaving everything else behind in order to express my thoughts freely.

This article was posted on February 11 2014 at indexoncensorship.org

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