4 Jun 2014 | Brazil, News and features, Religion and Culture
An inter-religious meeting at the Maracanã stadium in Rio de Janeiro to mark the beginning of the Peace Cup campaign (Tomaz Silva/Brazil Agency)
A request to remove 16 videos from YouTube has sparked a broad debate on the limits of freedom of speech and religious expression in Brazil. According to the complaint by the National Association of African Media, filed to the Regional Prosecutor’s Office of Rio de Janeiro (MPF), the videos encourage intolerance and prejudice against religious practices of African origin (Candomblé and Umbanda). The videos were posted by the Igreja Universal do Reino de Deus (IURD), a Neo-Pentecostal church.
The federal prosecutors from the MPF asked Google Brazil to remove the videos. But Google refused, arguing that the material disclosed “would be nothing more than the manifestation of the religious freedom of the Brazilian people” and that the videos “did not violate the company’s policy”.
On 17 May, the issue was taken to the federal court in Rio de Janeiro. There, judge Eugenio Rosa de Araújo denied the request for the removal of the videos. “Its contents are manifestations of free expression of opinion,” he stated. He argued that “the African-Brazilian religious practices do not constitute a religion” because “the religious manifestations (African) do not contain necessary traits of a religion”. He stated that a religion needs to have traits such as a baseline text (“as the Bible or the Koran”), a hierarchical structure and one God to be worshiped.
Notably, the ruling has two parts: the first determines that the videos are to be kept online, and is based on the right to freedom of expression. In the second part of the sentence, the judge defines what religion is, and excludes religions with African-Brazilian origin from this scope.
The representative of the Commission Against Religious Intolerance, Ivanir dos Santos, accused the judge of encouraging prejudice. “He is an employee of a laic State and is submitted to the Brazilian constitution and laws. He violated the constitution and the law against the racial discrimination.”
Facing such strong reaction, the judge Eugenio de Araujo Rosa went back on his decision. In a statement, he admitted he made a mistake and revised his sentence. “The strong support of the media and civil society demonstrates unquestionably the belief in the worship of such religions,” he said, referring to African-Brazilian beliefs.
But the original position of the judge is still causing reactions. The Order of Lawyers of Brazil repudiated the ruling, while the MPF has filed an appeal, arguing that “the decision mistreats the awareness, the honour and the dignity of millions of Brazilians who recognise themselves in these religions”. Protests by African-Brazilian culture organisations were held in at least seven cities. Leaders of all Brazilian beliefs gathered at Maracanã Stadium, calling for more peace and religious tolerance.
In addition, representatives from the MPF will file a lawsuit to the Superior Court of Justice (STJ), one of the highest organisations in the Brazilian judiciary system, against Judge Eugênio Rosa de Araújo. “Our intention is to remove the videos. It is not about freedom of expression, but about the spread of hatred,” said Santos.
On 28 May, the Federal Regional Court (TRF) received a petition with 1,000 signatures, demanding the removal of the videos. The petition was organised by the Commission Against Religious Intolerance and the National Association of African Media. The representatives of the afro culture argue the court’s decision to keep the videos on the internet violates the Universal Declaration of Human Rights, Article 129 of the Brazilian Constitution, and the Statute of Racial Equality (Law 12.288/2010). The statute stipulates that the government must protect the communities of African origin from hateful content in the media. The law forbids “the use of the media to disseminate images and contents that expose a person or group to hatred or contempt on the grounds of religion with African roots”.
FuA national demonstration against prejudice towards African-Brazilian religions has been scheduled. The event is organised by various associations for the defence of black culture, with the support of the Order of Lawyers of Brazil, the National Council of Justice (CNJ), the Human Rights Commission of Congress national and the Organization of American States (OAS). In congress, the Parliamentary Front in Defence of “Traditional Peoples of Terreiro” was created, aiming to institutionalise the defence of religions of African origin. The bloc will be a counterpoint to the Evangelical Parliamentary Front, which brings together 77 congressmen who form the base of support for the government of Dilma Rousseff.
“The theme is of utmost importance, because [it] involves guarantees which the constitution itself assures. I hope that it resolves itself quickly,” the President of the Federal Court, Sérgio Schwaitzer, told the Jornal do Brasil.
According Edson Santos, the deputy of PT (Workers Party) and former minister of racial equality, the judge encouraged the prejudice against African-Brazilian sects. He argued that the magistrate will be denounced at the National Council of Justice. “The decision was absurd and deeply regrettable, because it hurts the constitution”, he told to the newspaper Folha de S. Paulo.
“This conflict of law is challenging and raises questions about the limits of freedom of expression,” said Professor of Philosophy of Law José Rodrigo Rodriguez, of Law School of São Paulo from the Fundação Getúlio Vargas. Analysing the topic in an article, he argues that “one can say, without fear of any excess, that the decision has a clear discriminatory effect, despite the certainly good intention of the judge”.
This article was posted on June 4, 2014 at indexoncensorship.org
3 Jun 2014 | Campaigns, Politics and Society
As part of its effort to map media freedom in Europe, Index on Censorship’s regional correspondents are monitoring media across the continent. Here are incidents that they have been following.
AUSTRIA
Police block journalists’ access to protest
Police denied journalists access to the site where members of the right-wing group “Die Identitären” were demonstrating on May 17. News website reports and a video from Vice News show police using excessive force against demonstrators. The Austrian Journalists’ Club described the police’s treatment of journalists as one of the recent “massive assaults of the Austrian security forces on journalists” and called for journalists to report breeches in press freedom to the club. (Austrian Journalists’ Club) (Twitter)
CROATIA
Croatian law threatens journalists
Croatia’s new Criminal Code establishes the offence of “humiliation”, a barrier to freedom of expression that has already claimed its first victim among journalists – Slavica Lukić, of newspaper Jutarnji list. A Croatian journalist is likely to end up in court and be sentenced for “humiliation” for writing that the Dean of the Faculty of Law in Osijek, Croatia’s fourth largest city, is accused by the judiciary of having received a bribe of 2,000 Euros to pass some students during an examination. For the court, it is of little importance that the information is correct – it is enough for the principal to state that he felt humbled by the publication of the news. According to Article 148 of the Criminal Code, introduced early last year, the court may sentence a journalist (or any other person that causes humiliation to others) if the information published is not considered as of public interest.
CYPRUS
Cyprus’ Health ministry Director General accused of 30million scandal whitewash
9.5.2014: The former Director General of the Ministry of Health, Christodoulos Kaisis, is alleged to have censored the responses of two ministerial departments during an audit regarding a 30 million scandal of mispricing of drugs. He did not send the requested information to the Audit Committee of the Parliament. (Politis)
DENMARK
Journalists convicted for violating law protecting personal information
On May 22 2014 two Danish journalists got convicted for violated Danish law protecting personal information because they named twelve pig farms in Denmark as sources of the spread of MRSA, a strain of drug-resistant bacteria. They argue they had been trying to investigate the spread of MRSA, but the government had wanted to keep that information secret. Their defense attorney claims revealing the names was appropriate because ‘there is public interest in openness about a growing health hazard’. The penalty was up to six months imprisonment, but the judge ruled they have to pay 5 day-fines of 500 krone (68 euro). The verdict is a ‘big step back for the freedom of press’ in Denmark, one of the journalists, Nils Mulvad said after the trial.
FINLAND
ECHR rejects journalist’s free speech claim
On April 29 2014, the European Court of Human Rights rejected a free speech claim over a defamation conviction by a Finnish journalist. In August 2006 journalist Tiina Johanna Salumaki and her editor in chief were convicted of defaming a businessman. The newspaper published a front page story, asking whether the victim of a homicide had connections with this businessman, K. U. The court ruled that Salumaki and the newspaper had to pay damages and costs to K. U. According to Salumaki her right to free expression was breached.
GERMANY
Journalist’s phone tapped by state police
A journalist’s telephone conversation with a source was tapped by state criminal police. The journalist, Marie Delhaes, spoke about the police’s subsequent contact with her on the media show ZAPP on German public television. Police asked her to testify as a witness in a criminal case against the source she communicated with, an Islamist accused of inciting others to fight with rebels in Syria. Delhaes was threatened with a fine of 1000 Euros if she were to refuse to testify. She has since claimed reporter’s privilege, protecting her from being forced to testify in a case she worked on as a journalist. (NDR: ZAPP)
Local court rules police confiscation of podcasters’ recording equipment and laptops was illegal
A court ruled on May 22 that police officers’ 2011 confiscation of recording equipment and laptops in a van used by the podcasters Metronaut and Radio Freies Wendland was illegal. The podcasters were covering the transport of atomic waste through Germany and were interviewing anti-atomic energy activists. When the equipment was confiscated, police officers also asked the podcasters to show official press passes, which they did not have. The court ruled that police failed to determine the present danger of the equipment in the van before confiscating it for three days. Metronaut later sued the police. (Metronaut) (Netzpolitik.org)
GREECE
Lost in translation
The Greek newswire service ANA-MPA is accused by its own Berlin correspondent of engaging in pro government propaganda after a translation of the official announcement by the German Chancellor regarding Angela Merkel’s Athens visit is ‘revised’, eliminating all mentions of ‘austerity,’ replacing the word with ‘consolidation’. (The Press Project)
Radio advert from pharmacists banned
A union representing pharmacists in Attica has accused the government of censorship, after it was told it may not broadcast adverts deemed by the authorities to be a political nature in the run up to elections later this month. (Eleftherotypia, English Edition)
ITALY
The regional Italian newspaper “L’ora della Calabria” is shut down due to political pressure
After the complaint, in February, against the pressures to not refer in an article to the son of senator Antonio Gentile, and to the block of the printing presses on the same day (an episode that is under investigation by the judiciary), now the newspaper L’Ora della Calabria is closing. The publications have been halted, even that of the website. This was decided by the liquidator of the news outlet, who had for a long time been in financial difficulties.
Reporter sued for criticizing the commissioner
Marilena Natale criticized a legal consultancy that cost €60’000 in the town whose City Council has dissolved for mafia, and which suffers from thirst due to the closure of the artesian wells. Ms Marilena Natale, reporter for the Gazzetta di Caserta and +N, a local all-news television channel, was sued. She had in the past already been the victim of other complaints and assaults. To denounce the journalist was Ms Silvana Riccio, the Prefectural Commissioner who administers the City of Casal di Principe, fired due to Camorra infiltrations. The Commissioner Riccio feels defamed by a series of articles written by the reporter in which the decision to spend €60’000 for legal advice is criticized, while the citizens suffer thirst due to the closure of numerous wells due to groundwater pollution.
MACEDONIA
A band to defend press freedom
24.4.2014: A music band called “The Reporters” was created recently by famous Macedonian journalists. The project aims to defend press freedom in Macedonia and support their colleagues who are facing censorship and other limitations. (Focus)
Macedonian government member encourages censorship in the press
14.5.2014: The Macedonian government quietly encourages censorship in the press, buys the silence of the media through government advertising and at the same time gives carte blanche to use hate speech, said Ricardo Gutierrez, Secretary General of the European Federation of Journalists during a conference of the Council of Europe in Istanbul on the 14th of May. (Focus)
Macedonian Journalists ‘Working Under Heavy Pressure’
24.3.2014: Sixty-five per cent of Macedonian journalists who responded to a survey publish last March, have experienced censorship and 53 per cent are practicing self-censorship, says the report, entitled the ‘White Book of Professional and Labour Rights of Journalists’. (Balkan Insight)
MALTA
The Nationalist Party complains of censorship by the public broadcaster PBS
The Nationalist Party (PN) has accused PBS of censoring it in its coverage of the European parlament elections campaign. The party noted that PBS did not send a journalist to report on Simon Busuttil’s visit to Attard and Co on Tuesday and it had also failed to sent a reporter to cover a press conference addressed by PN Secretary General Chris Said in Gozo this morning. “This is nothing but censorship during an electoral campaign,” the PN said. The PN has also complained with the national TV station on its choice of captions for news items carried in the bulletin.
NETHERLANDS
Press photographers’ equipment seized
During a raid on a trailer park in Zaltbommel on may 27 2014, the cameras of two press photographers were seized by the police. According to the spokesman of the court of Den Bosch the police took the cameras after several warnings. The photographers were on the public road. After a few days the two photographers got their cameras back, but their memory cards with the photo’s are still not returned. The NVJ, de Dutch journalist Union, has pledged to stand with one of the journalists in his claim to get his photo’s back.
SERBIA
Serbia Floods Interrupt Free Flow of News
Websites criticising the government’s handling of the flood disaster in Serbia have come under attack from hackers in what some call a covert act of censorship. Creators of the Serbian blog Druga Strana, which published critical posts on the Serbian state’s handling of the flooding, were forced to shut it down on Tuesday after repeat attacks on the site. “The site has been under heavy attack so we decided to shut it down in order not to compromise other sites on the server,” Nenad Milosavljevic said.
Serbian Newspaper Editor Fired After Criticising Govt
The sacking of Srdjan Skoro, editor of state-owned newspaper Vecernje Novosti, who publicly criticized Serbia’s new ministers, has been described as an attack on independent media. Skoro said that he was told that he was no longer the editor of the Serbian tabloid Vecernje Novosti on Friday morning, but was given no explanation for his sacking. “I have been told to find another job and that I would perhaps do better there,” Skoro said. He said that although no one has said it directly, the reason for his dismissal was his recent appearance on public service broadcaster RTS’s morning TV show, in which he openly criticised some candidates for posts in the new Serbian cabinet.
SERBIA
Media in Serbia: the government’s double standard
Aleksandar Vučić’s government seems to be adopting a double standard when it comes to media: one for the EU, one for Serbia, with tight control over newspapers and television stations. I do not believe in chance, and I know “where all this is coming from and who is behind it”. Thus Aleksandar Vučić, Prime Minister of Serbia, commented the statement by Michael Davenport, head of the EU Delegation, about “unpleasant and unacceptable” issues in Serbian media. Davenport said that elements of investigations conducted by the judiciary are leaked to the public through some media, and that the “cases” of parallels being made between representatives of civil society and crime are “a clear violation of the ethical standards of the media”.
SLOVENIA
If you can’t stand the heat, don’t turn up the oven: Strasbourg Court expands tolerance for criticism of xenophobia to criticism of homophobia
On the 17th of April 2014, the European Court of Human Rights issued a judgement in the case of Mladina v. Slovenia. In this case, the Court further develops its standing case law on “public statements susceptible to criticism”. When assessing defamation cases, the Court has in the past found that authors of such statements should show greater resilience when offensive statements are in turn addressed to them.
SPAIN
The government threats to censor social media
“We have to combat cybercrime and promote cybersecurity, and to clean up undesirable social media.” These were the words of the Spanish Minister of Interior, Jorge Fenández Díaz, after the wave of comments published on social media about the assassination of Isabel Carrasco, president of the Province of León and member of the government party (Pp). Although the majority expressed their condolences to the family of the victim, there were some that took advantage of the moment to openly criticize the politician, including mocking her assassination. These tweets generated a strong reaction of rejection in certain circles. For their part, Tweeters have reacted by creating two hashtags, #TuiteaParaEvitarElTalego (Tweet to stay out of Jail) y #LaCárcelDeTwitter [Twitter Prison], through which many Internet-users vent their frustration against politicians who want to silence them. On the other hand the Federal Union of Police has published a note that proposes a change in legislation with the alleged intent of protecting minors, relatives of victims, and users in general.
Extremadura public television don’t broadcast the motion of censure on the regional president Monago
Extremadura public television did not broadcast the debate and subsequent vote of no confidence on the regional president and member of the government party Antonio Monago on May 14th, despite the political relevance of the issue (the debate was broadcasted only trough the TV’s website). The workers called a protest to consider a motion of censure “is a matter of highest public interest and should be covered by public broadcast media in all its channels”, as expressed by the council in a statement.
TURKEY
Founder of satirical website sentenced for discussion thread considered insulting to Islam
The founder of the satirical online forum Ekşi Sözlük was given a suspended sentence of ten months in prison. Forty authors for the user-generated website were detained in connection to a complaint that a thread in an Ekşi Sözlük forum was insulting to Islam. Founder Sedat Kapanoğlu and another defendant received suspended prison sentences for insulting religious values. (Hürriyet Daily News)
Journalists recently released from prison speak out against government using release for political capital
Journalists who had been imprisoned for two years in connection to the KCK case were released this month. Several of the released journalists gave a press conference on May 13 condemning the government’s manipulation of the case to improve its own human rights and press freedom standing internationally. Yüksek Genç, a journalist who spoke at the press conference, said that the amount of journalists in prison can not be the only measure of Turkey’s press freedom, since the government has other ways of meddling in media and putting economic pressure on news organisations. A number of journalists have been released from prison this year after a court regulation was changed, enforcing a shorter maximum detention time for prisoners awaiting trial on terrorism charges. (Bianet)
Police detain and injure journalists at May 1 protests
During May Day protests in Istanbul, police blocked journalists’ access to demonstrating crowds and demanded they show official press passes to enter the area around Taksim Square. At least 12 journalists were injured by police officers using rubber bullets, teargas and bodily force. Deniz Zerin, an editor of the news website t24, was detained trying to enter his office and held for three days. (Bianet)
Prominent journalist sentenced to ten months in prison for tweet insulting Prime Minister Erdoğan
On April 28, the journalist Önder Aytaç was sentenced to ten months in prison for a 2012 tweet that the court ruled to be insulting to Turkish Prime Minister Erdoğan under blasphemy laws. The tweet included a word that translates to “my chief” or “my master” (relating to Erdoğan), but included an additional letter at the end that made the word vulgar. Erdoğan sued Aytaç, who maintained that the extra letter in his tweet was a typo. (Medium)
For more reports or to make your own, please visit mediafreedom.ushahidi.com.
With contributions from Index on Censorship regional correspondents Giuseppe Grosso, Catherine Stupp, Ilcho Cvetanoski, Christina Vasilaki, Mitra Nazar
This article was posted on June 3, 2014 at indexoncensorship.org
3 Jun 2014 | News and features, Nigeria, Politics and Society, Religion and Culture
(Photo: BBC via YouTube)
The Nigerian government has faced criticism over their crackdown on Boko Haram, the terrorist group among other things responsible for the recent kidnapping of around 276 school girls from Chibok in Borno state. The efficiency of the state’s strategy, which has included extrajudicial executions, mass imprisonments and indiscriminate targeting of any young Muslim Nigerian who might fit the profile of a Boko Haram member, has been questioned — and the “war on terror” has also been used to target the country’s journalists.
In the first half of 2013, according to Amnesty International, over a thousand detainees, many of whose affiliation with Boko Haram was never confirmed, died in police detention. The human rights organisation has condemned the government’s crackdown. Borno, Yobe and Adamawa states were put under a state of emergency, countless homes, businesses and mosques were raided, and thousands of men and boys were arrested, loaded into trucks and thrown in prison. According to many of their families, the arrests have been indiscriminate.
In 2009, Nigerian police claimed the killing of Mohammed Yusuf, the leader of Boko Haram at the time. The government said Yusuf, who was blamed for violence that killed hundreds of people in northern Nigeria, was shot dead following his capture. The official line was boldly unrepentant about the lack of judicial process. “He has been killed. You can come and see his body at the state police command headquarters,” said Isa Azare, spokesman for the police command in the northern city of Maiduguri.
In 2010, footage obtained by Al Jazeera showed deceased and unarmed Boko Haram prisoners who appeared to have been killed by government troops after “crackdown” fighting had ended. Elements of the police and army reportedly staged a follow-up operation in which house-to-house searches were conducted and individuals were apparently selected at random and taken to a police station.
The efficiency of the government’s strategy to eliminate Boko Haram has been severely questioned by security experts.
“So many young men were killed and beaten in the crackdown against Boko Haram,” said Virginia Comolli, Research Fellow for Security and Development at the International Institute for Strategic Studies, “ that police or soldiers might have developed sympathies for the group, if one of their relatives was caught up in this.”
“You wonder whether there could be complicity,” Comolli speculated.
Bala Liman, a PhD candidate at School of Oriental and Africa Studies in London and an expert on Boko Haram, pointed to further flaws in the crackdown. “Look at the $8 billion which was provided to the security forces in 2011,” he said, “most of the money was lost to corruption rather than going to fight Boko Haram. Most of the soldiers I speak to nowadays are still under-equipped.” With corruption so widespread, Liman also suggested that bribery could have been a motivation behind collusion with Boko Haram.
While international observers may have the luxury of pointing out the fallacies in such a brutal crackdown, as well as corruption (or sheer incompetence) amongst the police and military, Nigerian journalists do not: Security agents have abused the pretext of their own “war on terror” to threaten, harass, arrest, detain, and seize the equipment of local reporters.
In one case in December 2013, security forces assaulted broadcast journalist Yunusa Gabriel Enemali on the pretext he was a Boko Haram suspect, after he took photographs of a policeman demanding a bribe. “I was fortunate to come out alive,” Enemali told the Committee to Protect Journalists at the time.
In December 2012, the State Secret Service (SSS) unlawfully detained and seized the equipment of Aliyu Saleh, a reporter with the weekly Hausa-language Al-Mizan newspaper, and Musa Muhammad Awwal, the paper’s editor, allegedly over a story questioning the government’s extra-judicial imprisonment of people in Northern Nigeria.
Peter Nkanga, the Commitee to Protect Journalist’s West Africa correspondent, told Index on Censorship: “Awwal was twiced arrested and on both occasions had his equipment seized by the State Security Service. It is now over a year ago yet the SSS have refused to return his two laptops and two phones, alongside five other phones seized from his wife and children.”
Journalists covering protests since the kidnap of the Chibok schoolgirls have also been targeted. Hir Joseph of the independent Daily Trust newspaper was arrested on 9 May after he wrote a story detailing how female police officers and other security officers had joined with protesters calling on the government to do more to rescue the girls.
“Joseph refused to disclose his source for a story,” Nkganga told Index. While in custody, two police officers kicked Joseph, locked him in a cell “with hardened criminals” and was also told to simulate sex with a wall while being interrogated. The police charged Joseph in court on 12 May, accusing him of publishing “injurious falsehood”. Joseph pleaded not guilty and the case has been adjourned to 19 June. He faces up to two years imprisonment if convicted.
“Targeting a journalist for reporting on issues of public interest,” says Nkganga, “is tantamount to deliberately denying the public the right to be adequately informed about issues affecting their commonwealth. This is an attack on the society. By extension, this goes against the freedom of expression Nigerians are universally and constitutionally guaranteed.”
This article was posted on June 3, 2014 at indexoncensorship.org
