After Charlie Hebdo: The free speech fight begins at home

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When I started working at Index on Censorship, some friends (including some journalists) asked why an organisation defending free expression was needed in the 21st century. “We’ve won the battle,” was a phrase I heard often. “We have free speech.”

There was another group who recognised that there are many places in the world where speech is curbed (North Korea was mentioned a lot), but most refused to accept that any threat existed in modern, liberal democracies.

After the killing of 12 people at the offices of French satirical magazine Charlie Hebdo, that argument died away. The threats that Index sees every day – in Bangladesh, in Iran, in Mexico, the threats to poets, playwrights, singers, journalists and artists – had come to Paris. And so, by extension, to all of us.

Those to whom I had struggled to explain the creeping forms of censorship that are increasingly restraining our freedom to express ourselves – a freedom which for me forms the bedrock of all other liberties and which is essential for a tolerant, progressive society – found their voice. Suddenly, everyone was “Charlie”, declaring their support for a value whose worth they had, in the preceding months, seemingly barely understood, and certainly saw no reason to defend.

The heartfelt response to the brutal murders at Charlie Hebdo was strong and felt like it came from a united voice. If one good thing could come out of such killings, I thought, it would be that people would start to take more seriously what it means to believe that everyone should have the right to speak freely. Perhaps more attention would fall on those whose speech is being curbed on a daily basis elsewhere in the world: the murders of atheist bloggers in Bangladesh, the detention of journalists in Azerbaijan, the crackdown on media in Turkey. Perhaps this new-found interest in free expression – and its value – would also help to reignite debate in the UK, France and other democracies about the growing curbs on free speech: the banning of speakers on university campuses, the laws being drafted that are meant to stop terrorism but which can catch anyone with whom the government disagrees, the individuals jailed for making jokes.

And, in a way, this did happen. At least, free expression was “in vogue” for much of 2015. University debating societies wanted to discuss its limits, plays were written about censorship and the arts, funds raised to keep Charlie Hebdo going in defiance against those who would use the “assassin’s veto” to stop them. It was also a tense year. Events discussing hate speech or cartooning for which six months previously we might have struggled to get an audience were now being held to full houses. But they were also marked by the presence of police, security guards and patrol cars. I attended one seminar at which a participant was accompanied at all times by two bodyguards. Newspapers and magazines across London conducted security reviews.

But after the dust settled, after the initial rush of apparent solidarity, it became clear that very few people were actually for free speech in the way we understand it at Index. The “buts” crept quickly in – no one would condone violence to deal with troublesome speech, but many were ready to defend a raft of curbs on speech deemed to be offensive, or found they could only defend certain kinds of speech. The PEN American Center, which defends the freedom to write and read, discovered this in May when it awarded Charlie Hebdo a courage award and a number of novelists withdrew from the gala ceremony. Many said they felt uncomfortable giving an award to a publication that drew crude caricatures and mocked religion.

Index's project Mapping Media Freedom recorded 745 violations against media freedom across Europe in 2015.

Index’s project Mapping Media Freedom recorded 745 violations against media freedom across Europe in 2015.

The problem with the reaction of the PEN novelists is that it sends the same message as that used by the violent fundamentalists: that only some kinds of speech are worth defending. But if free speech is to mean anything at all, then we must extend the same privileges to speech we dislike as to that of which we approve. We cannot qualify this freedom with caveats about the quality of the art, or the acceptability of the views. Because once you start down that route, all speech is fair game for censorship – including your own.

As Neil Gaiman, the writer who stepped in to host one of the tables at the ceremony after others pulled out, once said: “…if you don’t stand up for the stuff you don’t like, when they come for the stuff you do like, you’ve already lost.”

Index believes that speech and expression should be curbed only when it incites violence. Defending this position is not easy. It means you find yourself having to defend the speech rights of religious bigots, racists, misogynists and a whole panoply of people with unpalatable views. But if we don’t do that, why should the rights of those who speak out against such people be defended?

In 2016, if we are to defend free expression we need to do a few things. Firstly, we need to stop banning stuff. Sometimes when I look around at the barrage of calls for various people to be silenced (Donald Trump, Germaine Greer, Maryam Namazie) I feel like I’m in that scene from the film Lock, Stock and Two Smoking Barrels where a bunch of gangsters keep firing at each other by accident and one finally shouts: “Could everyone stop getting shot?” Instead of demanding that people be prevented from speaking on campus, debate them, argue back, expose the holes in their rhetoric and the flaws in their logic.

Secondly, we need to give people the tools for that fight. If you believe as I do that the free flow of ideas and opinions – as opposed to banning things – is ultimately what builds a more tolerant society, then everyone needs to be able to express themselves. One of the arguments used often in the wake of Charlie Hebdo to potentially excuse, or at least explain, what the gunmen did is that the Muslim community in France lacks a voice in mainstream media. Into this vacuum, poisonous and misrepresentative ideas that perpetuate stereotypes and exacerbate hatreds can flourish. The person with the microphone, the pen or the printing press has power over those without.

It is important not to dismiss these arguments but it is vital that the response is not to censor the speaker, the writer or the publisher. Ideas are not challenged by hiding them away and minds not changed by silence. Efforts that encourage diversity in media coverage, representation and decision-making are a good place to start.

Finally, as the reaction to the killings in Paris in November showed, solidarity makes a difference: we need to stand up to the bullies together. When Index called for republication of Charlie Hebdo’s cartoons shortly after the attacks, we wanted to show that publishers and free expression groups were united not by a political philosophy, but by an unwillingness to be cowed by bullies. Fear isolates the brave – and it makes the courageous targets for attack. We saw this clearly in the days after Charlie Hebdo when British newspapers and broadcasters shied away from publishing any of the cartoons featuring the Prophet Mohammed. We need to act together in speaking out against those who would use violence to silence us.

As we see this week, threats against freedom of expression in Europe come in all shapes and sizes. The Polish government’s plans to appoint the heads of public broadcasters has drawn complaints to the Council of Europe from journalism bodies, including Index, who argue that the changes would be “wholly unacceptable in a genuine democracy”.

In the UK, plans are afoot to curb speech in the name of protecting us from terror but which are likely to have far-reaching repercussions for all. Index, along with colleagues at English PEN, the National Secular Society and the Christian Institute will be working to ensure that doesn’t happen. This year, as every year, defending free speech will begin at home.

Raymond Joseph: South Africa’s Cybercrimes and Cybersecurity Bill is deeply flawed

Jacob Zuma (Photo: Jordi Matas / Demotix)

Jacob Zuma (Photo: Jordi Matas / Demotix)

With the new year comes a new battle in South Africa as critics hit back at the proposed “draconian” Cybercrimes and Cybersecurity Bill they say doesn’t differentiate “between espionage and an act of journalism”.

The bill comes against the backdrop of ongoing government hostility towards the media. Exposés by journalists of corruption and cronyism within the ranks of the governing African National Congress (ANC) have led to accusations by the party that the media casts it in a “negative light” and acts in opposition to it.

On the face of it, the legislation is a ham-fisted attempt to push through by stealth key aspects of the stalled and deeply flawed Protection of State Information Bill, which was first introduced in parliament in March 2010.

Dubbed the Secrecy Bill, it has reached the penultimate step in the legislative process, requiring only that President Jacob Zuma sign it into law. But, in the face of stiff opposition and threats of a Constitutional Court challenge, it has been gathering dust on the president’s desk for over two years, unsigned.

“Whole sections of the [Cybercrimes] Bill are copy-and-paste from the Secrecy Bill,” says Murray Hunter, a spokesman for the freedom of expression Right2Know (R2K) campaign. A draft version of the bill was published in August last year, with two months allowed for comments.

In a preliminary submission, R2K says some provisions of the Cybercrimes Bill go way beyond those contained in the Secrecy Bill and include “harsh, draconian penalties that would muzzle journalists, whistleblowers and data activists”.

The bill makes it an offence to “unlawfully and intentionally” hold, communicate, deliver, make available or receive data “which is in possession of the state and which is classified”. Penalties range from five to 15 years in jail and, worryingly, there is no public interest defence or whistleblower protection.

R2K has also highlighted some of its key objections to the bill in a document entitled What’s Wrong With the Cybercrimes Bill: The Seven Deadly Sins.

Hunter concedes that while policies that promote the online security of ordinary citizens are necessary, the bill is part of a raft of new “cybercrime laws popping up across the world that threaten internet freedom”.

“The policy debates in the US and UK are examples of a renewed appetite for backdoor access to privately-owned networks,” he says. “The idea is usually that governments say they want to users to have greater security against ‘outside’ threats, but still want government agencies to be able to penetrate that security.”

The bill effectively hands over the keys of the internet to South Africa’s Ministry of State Security and would dramatically increase the state’s power to snoop on users and wrests governance away from civilian bodies.

“Remember that security means protecting people’s information not only from ‘cybercriminals’, but also from state surveillance,” says Hunter.

Put another way, it’s a bit like having a really great lock on your front door, but leaving the spare key under the mat; either a system is secure against all threats or it is vulnerable to all threats.

Another big concern is that the bill, in its current form would potentially criminalise digital security analysts.

“One of the major protections for internet users’ security is a global community of security analysts and researchers who test the systems, apps and websites as a civic duty, in order to point out and fix security flaws that put the general public at risk,” says Hunter. “Basically, they are online activists who are constantly trying to find security weaknesses in other people’s systems [often belonging to governments and private companies] in order to point them out and get them fixed.”

But the bill would make these practices a criminal offence unless it was “authorised”, and in doing so would potentially make ordinary users less safe.

All of these moves contain uncomfortable historical echoes — it’s only been 22 years since South Africa became a democracy, and surveillance against citizens was among the apartheid government’s notorious specialties.

So the idea of a democratically-elected government, backed up by laws that legitimise intercepting its private citizens’ information, is especially fraught.

As temperatures soar and an “epic drought” tightens its grip on the country, all indications are that it’s going to be a long, hot summer in more ways than one, as activists and journalists prepare to fend off yet another attempt to curb South Africa’s hard-won freedom.

Serbia: Independent media increasingly targeted as spies

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It was a Wednesday morning in early November when investigative journalist Slobodan Georgijev opened Informer, one of Serbia’s notorious tabloids. He had just arrived at his office, the newsroom of Balkan Investigative Reporting Network (BIRN), one of Serbia’s few independent media outlets. When he turned the page he was shocked by what he saw; a picture of his own face amongst two others, in an article calling three media outlets known for critical reporting of the Serbian government, including BIRN, “foreign spies”.

“It was funny and unpleasant at the same time,” Georgijev recalled, speaking to Index on Censorship. “Funny because I knew that this is just a campaign by Informer to undermine the credibility of independent journalists.” More importantly, he had begun worry about his own safety. “It’s also unpleasant because you never know how people will interpret such defamations.”

Several independent media houses — including BIRN, as well as Crime and Corruption Reporting Network (KRIK) and Center for Investigative Journalism Serbia (CINS) — have alleged that pro-government tabloids like Informer are running a smear campaign against them.

The first major incident followed the publication of a story about the cancellation of Prime Minister Aleksandar Vucic’s vacation in August 2015. Informer published an article saying that Vucic was forced to cancel his two day vacation in Serbia due to reporters from BIRN and CINS allegedly booking a room next to his.

The same newspaper also wrote that BIRN and CINS were meeting with European Union representatives on a weekly basis to plan to bring down the government.

“We are basically accused of being financed by the EU to work against our government,” Branko Cecen, director of CINS, told Index on Censorship. Cecen, like Georgiev, was also pictured and called a foreign spy in Informer. “Expressions like ‘foreign mercenaries’ and ‘joint criminal activity against their own state’ have been used.”

Informer newspaper is openly affiliated with the Serbian Progressive Party (SNS) of prime minister Aleksandar Vucic and has frequently been accused of political bias in favour of the party and the prime minister.

CINS, KRIK and BIRN have long reported on what they see as a slew of regular negative articles about themselves in tabloid newspapers with close ties to the government. There is no doubt that the three news outlets are targets because of their critical reporting on the government.

One of BIRN’s stories revealed a contract the Serbian government had signed with the national carrier of United Arab Emirates, Etihad Airways, to take over it’s state-owned counterpart Air Serbia. The deal had been financially damaging for Serbia, which was kept from the public until BIRN obtained and published the contract.

Another story investigated alleged corruption concerning a project for pumping out a flooded coal mine. BIRN found out that Serbia’s state-owned power company had awarded a contract to dewater the mine to a company who’s director is a close friend of the prime minister.

The coal mine revelations led to an angry speech about BIRN by Vucic on national television saying: “Tell those liars that they have lied again(.”

He also attacked the EU delegation in Serbia for being involved in discrediting the government by financing BIRN. “They got the money from Davenport and the EU to speak against the Serbian government,” the prime minister said, naming Michael Davenport, the head of the EU delegation in Belgrade.

BIRN’s editor-in-chief Gordana Igric told Index on Censorship she sees a resemblance to Serbia’s difficult nineties. “This reminds me of the regime of Slobodan Milosevic, a time when the prime minister also had a prominent role and critical journalists and NGOs were marked as foreign mercenaries,” she said. “What’s happening in Serbia today makes you feel sad and confused.”

Independent journalists find the path that the prime minister is taking alarming. Some compare him with the Turkey’s Recep Tayyip Erdoğan or the Russia’s Vladimir Putin. According to Cecen, the level of freedom of expression is at the lowest level since the time of strongman Milosevic. “There is an aggressive campaign against anybody and anything criticising the prime minister and his policies”, he said. “The prime minister has taken over most media in Serbia, especially national TV networks, but also local ones. His small army of social media commentators is terrorising the internet. It is quite bleak and frustrating.”

Regardless of Vucic’s verbal attacks towards the EU delegation, Serbia has opened the first two chapters in its EU membership negotiation in December 2015. This represents a big step towards eventual membership of the European Union. But the latest progress report on Serbia (November 2015) says the country needs to do much more in terms of fighting corruption, the independence of the judiciary and ensuring media freedom.

“The concern over freedom of expression is always expressed in these reports,” Cecen said. “But we see no influence of such reports since situation with media and freedom of expression is deteriorating daily.” Cecen is disappointed in the European Union’s support for independent media in Serbia and finds that EU officials show too much support for the Serbian government and the prime minister.

After he had seen his own face in the paper, Georgiev picked up the phone and called up Informer’s editor-in-chief Dragan Vučićević to ask for a better picture in the next paper. Georgiev jokes about it and clearly doesn’t let accusations and threats hold him back. “People around me are making jokes”, he said. “They call me a foreign mercenary, an enemy of the state.”

Georgiev pressed charges for defamation against Informer. “We are living in a state of constant emergency,” he continued, concerned about the state of press freedom in his country. “Serbia is not like Turkey. But it goes very fast in that direction.”


 

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Lithuania: Russian television channel in conflict with regulator

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RTR Planeta, a Russian language channel broadcasting in Lithuania, has repeatedly run into conflict with the country’s television regulator.

In December, the Lithuanian Radio and Television Commission ordered RTR Planeta to be moved to paid TV packages after it broadcast material that the agency said instigated racial hatred and warfare. The programme in question was the 29 November episode of Sunday Evening with Vladimir Solovyov, which discussed the downing of a Russian plane by the Turkish airforce.

Russian MP Vladimir Zhirinovsky, who was a guest on the programme, said Turkish people were “a nation of wild barbarians,” and said that Turkey should be “brought to its knees” through military attacks.

“We need an air raid on any part of Turkey (…), the Turkish army must be destroyed,” said Zhirinovsky.

This is the second time the programme has prompted the regulator to take action. In April 2015, RTR Planeta was blocked from broadcasting for three months for allegedly “inciting discord and warmongering” over the conflict in Ukraine.

The content in question included a tirade against the Baltic countries by ultra-nationalist Russian politician Vladimir Zhirinovsky on the Sunday Evening With Vladimir Solovjev programme. Zhirinovsky said that Poland and the Baltic states would be “wiped out” should a war break out between Russia and NATO.

Although Lithuanian politicians and media experts agreed on the inflammatory nature of RTR Planeta content, especially the comments made by Zhirinovsky, some media pundits have expressed doubt over the decision to shut the channel down for three months. It resumed broadcasting on 13 July 2015.

In April, Audris Matonis, news service director at Lithuania’s national LRT broadcaster, rejected criticism that the ban was excessive and amounted to censorship. He insisted that “all should realise that what they’re advocating is non-compliance with Lithuanian law”.

But Gintautas Mazeikis, director of the Political Theory Department at Vytautas Magnus University in Kaunas, took issue when speaking to Delfi.lt. “Do we want and seek diplomatic and other means to influence Russian channels, or are we only trying to co-operate with cable TV service providers so they change their packages and broadcast more Polish or Ukrainian TV?” he said. “Do we want to explain and encourage critical thinking among speakers of Ukrainian, Belarusian, Russian and Polish who live in Lithuania?”

Aidas Puklevičius, a journalist and author, insisted that the broadcast ban may not have been the best decision and reasoned that the situation should improve once the generation of people who speak only Russian as a foreign language gives way to one which is more fluent in English.

“Russia will then lose its only vehicle for exporting soft power, something it has very little of,” Puklevičius said to Delfi.it. “Russia did not invent Pepsi Cola, nor jeans, nor Hollywood. Russia’s only strength is its ability to play on Soviet nostalgia.”

Media professionals in Lithuania have increasingly found themselves taking sides in the Ukraine conflict.

“Unfortunately, Russia-Ukraine warfare has become part of journalism in Lithuania and not surprisingly, all the Lithuanian news, except for some reports on the State Lithuanian TV, are concerned with the same issue: how atrocious the Kremlin-backed Russian insurgents are and how courageous the Ukrainians are,” a Lithuanian journalist, who agreed to speak on the condition of anonymity, told Index on Censorship. “Why is it happening? In any warfare, you’d expect analysis and different points of view, but none of it could be found on Lithuanian TV.”

The journalist said he had stopped watching Lithuanian TV news and has switched to German TV channels which air many different views on the conflict.

In January 2015, Dainius Radzevicius, the chairman of Lithuania’s Union of Journalists, wrote a commentary piece in which he said “polarisation of the media is something we all have to admit is happening, and it has been very palpable for the last couple of years not only in the Lithuanian media but elsewhere too”.

Radzevicius said the problem began as a result of economic conditions, but it is fueled by the geopolitical situation, including the conflict in Ukraine.

“Against this backdrop, we may now have less of a variety of opinions on the radio waves, the TV screens or the newspaper pages; but it is necessary to resist the powerful and obtrusive propaganda coming from the East, therefore, what I call our ‘white propaganda’ is necessary during the times,” he said in the piece.


 

Mapping Media Freedom


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