A new handbook aims to provide journalists and bloggers worldwide with guidance on the international legal framework protecting their rights to freedom of expression.
Produced by the Thomson Reuters Foundation, Reporters Without Borders, and law firm Paul Hastings, the Defence Handbook for Journalists and Bloggers focuses on how international legal principles apply to journalists’ work. It also includes previous decisions and recommendations made by international and regional bodies and courts on aspects of freedom of speech.
“Journalists around the world are more and more under threat and often become targets,” said Monique Villa, CEO of the Thomson Reuters Foundation. “Terrorist groups, but also powerful lobbies and a number of governments are increasingly trying to censor the media, preventing opinion sharing and the release of vital information to the public. Now more than ever, journalists need to be brave, avoid self-censorship, and be aware that they can seek refuge in international law. This guide is a very powerful weapon.”
Index CEO spoke at the launch of the handbook (Photo: Thomson Reuters Foundation)
Index on Censorship chief executive Jodie Ginsberg spoke at the launch of the handbook, outlining the threats that Index has identified in its work mapping media freedom in the European Union and neighbouring countries. Since Index launched the project in mid-2014 more than 800 incidents have been reported to the map. Ginsberg described a climate of fear in which governments crack down increasingly on the media and free expression more generally, and cited a lack of awareness among some media professionals about the laws that protect them. “Uncertainty — when journalists don’t know their rights — leads to self-censorship,” she said.
Other speakers at the event in London included Christophe Deloire, secretary general of Reporters Without Borders; John Lloyd, senior research fellow at the Reuters Institute; Sylvie Kaufmann, editorial director and columnist at Le Monde; lawyer William Bourdon; and journalist Owen Bennett-Jones.
The panel (from left): Greg Lukianoff, Nicola Dandridge, Siana Bangura, Jodie Ginsberg, Julie Bindel and Ken Macdonald (Photo: Index on Censorship)
“I am proud to say that I, myself, am a trigger warning,” said journalist and author Julie Bindel, speaking at the launch of the summer issue of Index on Censorship magazine and its special report on academic freedom.
The panel, chaired by Index chief executive Jodie Ginsberg, also included Universities UK chief executive Nicola Dandridge, blogger and spoken-word poet Siana Bangura, author and president of the Foundation for Individual Rights in Education (FIRE) Greg Lukianoff, and former director of public prosecutions and warden of Wadham College Lord Ken Macdonald.
The debate covered a wide range of issues related to academic freedom globally, from safe spaces and the right to offend, to the absence of absolute freedom of speech and illegal versus legal speech. The event started with a performance from actors Jessica Guise and Jack Wharrier, based on interviews with students and academics from across the world about how it felt to be working and studying in the academic sphere today.
“It’s a very few highly privileged, pampered students who sit around controlling feminists societies,” said Bindel, who has been no-platformed by the UK’s National Union of Students over her writing, adding that “what they’re doing is bullying some of the less vocal, less confident women in the room”.
Lukianoff identified the bureaucratisation of universities, fear of liability and ignorance of the law as challenges to academic freedom in the US.
“I’m a First Amendment lawyer, but you don’t have to be a First Amendment lawyer to know that under the American First Amendment you can’t tell someone that they’re restricted to a tiny ten by ten zone on a massive public campus and that’s the only place they can hand out copies of the constitution. Yet nonetheless I have to take universities to court in order to demonstrate that,” he said.
Actors Jessica Guise and Jack Wharrier performed interviews with students and academics from across the world (Photo: Index on Censorship)
Bangura posed the question of who freedom of expression is for at universities. Among other things, she pointed to the lack of diversity among UK professors, of which only 0.49% are black. “When we’re always talking about who gets to say what, there’s a certain type 0f person saying stuff in the first place.”
She also addressed the idea that students are limiting free expression on campus: “I think as much as students are part of this debate, we are ignoring the bigger powers that be. Students only have a limited amount of power.”
The issue of security was also discussed. “How, from a universities perspective, do you manage these events if you have good reason to believe there could be violence if someone speaks?” questioned Dandrige.
On this, Macdonald spoke of the dangers of a “heckler’s veto”, saying: “I can ring up any university and say ‘I’m going to do a bomb threat if professor Norman Finkelstein is speaking next week’ and so the university cancels the event. This is a heckler’s veto.”
Read more about the global situation for freedom of expression on campus in the latest issue of Index on Censorship magazine. You can see two short videos from the debate below.
It is probably a sign of the success of our society that people like me spend so much of our time defending the rights of jerks.
Racists, misogynists, Christian fundamentalists, jihadists, wannabe jihadists, counter-jihadists, homophobes, trolls, Top Gear presenters, True Torah Jews, Nazis; cretins of all colours and creeds. In modern, liberal Europe, these are the people who tend to get in trouble over free speech. In the past, they were the ones in charge.
That is not to say everyone else is entirely free from censorship; and of course, the reason we defend free expression as a good in itself is because we understand that the powers used to silence the craven can also be used to silence the virtuous, but by and large, it’s the oddballs who tend to get into trouble. Them and journalists.
And so we turn our attention, wearily but determinedly, to the case of the “anti-Jewification” protest which was due to take place in London’s Golders Green on 4 July. As others have pointed out, anyone hoping to prevent the “Jewification” of Golders Green is, frankly, a bit late. But then, we know full well that Judenfrei policies have experienced some success in the past.
The stationary protest will now not take place in Golders Green, but instead in central London – Whitehall to be precise, away from Golders Green’s Jewish community. Ironically, many Jews are now planning to make their way to Westminster to stage a counter-demonstration.
As Richard Ferrer, editor of Jewish News, noted: “Saturday’s rally is fast turning into the social event of the season for the capital’s Jewish community. When it was originally announced, synagogues braced themselves for their lowest Shabbat attendance figures in years. I had a family lunch booked, but had to make sure it didn’t clash with the scheduled Holocaust denial and book burning.”
It does all sound rather fun, but the moving of the Nazi demonstration does raise questions about the nature of protest and how it is policed.
A demonstration must be disruptive, by its very nature. So there’s a dilemma raised by the moving of a protest from the scene of its target, in this case the Jewish community, does it become effectively meaningless? What happens if a swastika waves in a side street in Whitehall, with no one there to fear it? Does it still resound?
The police decision to move the demonstration, in spite of earlier claims that they were powerless to do so, has effectively neutered it. It’s meaningless.
Now here’s the question: should the police have a right to neuter protest in that manner? Or does the fact that the neo-Nazis are allowed stand in the street and make their little speeches, even if it’s not the street they wanted to stand in, mean that their free speech has been fully protected? I’m not entirely sure we’ve thought about this fully. But I do recall past campaigns against “designated protest zones”, for example during the Beijing Olympics in 2008.
I don’t really know what the answer is here: I guess the simple point is that one should be free to protest outside institutions but not outside people’s homes. But then what about the UK Uncut protesters who staged a “street party” outside then-Deputy Prime Minister Nick Clegg’s home?
This case of the relocated anti-Semites is interesting exactly because it has not turned out to be Britain’s Skokie case. To briefly recap, Skokie was an Illinois town where many Holocaust survivors had settled.
In 1977, the National Socialist Party of America proposed a march there. They were opposed. The case eventually ended up in the Supreme Court. The ACLU backed the Nazis’ right to march. Eventually, the court upheld the Nazis’ right to march. But they never actually did. [For more on this case, read Index on Censorship magazine, Vol 37, Number 3, 2008].
In 2015 in north London we have a similar but different case. There are some Nazis wanting to march in a Jewish neighbourhood, there are some people who object. But there is no great call to principle, no great desire to take up the cause seemingly on either side. It’s hard to even get anyone on the Nazi side to own up to who exactly is in charge. Joshua Bonehill, the Somerset Stormtrooper and all round troll, is widely believed to be responsible. He was arrested early this week on suspicion of incitement to racial hatred. No one seemed that bothered.
This is the British way of free expression; a matter of practicality rather than principle, a pliable concept, one that can almost always be tempered by appeals to taste: it is simply distasteful for Nazis to demonstrate in Golders Green; just not done to burn a poppy.
By and large, taste wins out in these compromises. Remember that the Chatterley ban only came to an end because it was deemed that the book was of high enough literary quality, not because adults have the right to read what they damned well please.
Tastefulness being the characteristic the British most pride themselves upon means it’s rare that anyone will argue against it. It’s a soft tyranny most people seem happy to live with.
The summer 2015 issue of Index on Censorship magazine focusing on academic freedom will be available from 12 June.
With threats ranging from “no-platforming” controversial speakers, to governments trying to suppress critical voices, and corporate controls on research funding, academics and writers from across the world have signed Index on Censorship’s open letter on why academic freedom needs urgent protection.
Academic freedom is the theme of a special report in the summer issue of Index on Censorship magazine, featuring a series of case studies and research, including stories of how setting an exam question in Turkey led to death threats for one professor, to lecturers in Ukraine having to prove their patriotism to a committee, and state forces storming universities in Mexico. It also looks at how fears of offence and extremism are being used to shut down debate in the UK and United States, with conferences being cancelled and “trigger warnings” proposed to flag potentially offensive content.
Signatories on the open letter include authors AC Grayling, Monica Ali, Kamila Shamsie and Julian Baggini; Jim Al-Khalili (University of Surrey), Sarah Churchwell (University of East Anglia), Thomas Docherty (University of Warwick), Michael Foley (Dublin Institute of Technology), Richard Sambrook (Cardiff University), Alan M. Dershowitz (Harvard Law School), Donald Downs (University of Wisconsin-Madison), Professor Glenn Reynolds (University of Tennessee), Adam Habib (vice chancellor, University of the Witwatersrand), Max Price (vice chancellor of University of Cape Town), Jean-Paul Marthoz (Université Catholique de Louvain), Esra Arsan (Istanbul Bilgi University) and Rossana Reguillo (ITESO University, Mexico).
The letter states:
We the undersigned believe that academic freedom is under threat across the world from Turkey to China to the USA. In Mexico academics face death threats, in Turkey they are being threatened for teaching areas of research that the government doesn’t agree with. We feel strongly that the freedom to study, research and debate issues from different perspectives is vital to growing the world’s knowledge and to our better understanding. Throughout history, the world’s universities have been places where people push the boundaries of knowledge, find out more, and make new discoveries. Without the freedom to study, research and teach, the world would be a poorer place. Not only would fewer discoveries be made, but we will lose understanding of our history, and our modern world. Academic freedom needs to be defended from government, commercial and religious pressure.
Index will also be hosting a debate in London, Silenced on Campus, on 1 July, with panellists including journalist Julie Bindel, Nicola Dandridge of Universities UK, and Greg Lukianoff, president and CEO of Foundation for Individual Rights in Education, US.
