Cybercrime law adopted in Saint Vincent and Grenadines is fundamentally flawed

We the undersigned organisations defending freedom of the press and access to information are deeply concerned by the cybercrime law adopted today in Saint Vincent and the Grenadines. Several provisions of this bill pose a serious threat to freedom of the press, the free flow of online information, and public debate.

Defamation in print, written and broadcast media is punishable by up to two years’ imprisonment under Saint Vincent’s penal code, pre-dating the adoption of the Cybercrime Law, but the new legislation extends criminal defamation to online content.

In addition to broadening criminal defamation to include online expression, the law also introduces worryingly vague and subjective definitions of cyber-harassment and cyber-bullying, both of which are punishable by imprisonment.

The negative value and chilling effect that criminal defamation places on freedom of expression and of the press have been well noted at the local, regional and international level, and states have been repeatedly called on to abolish criminal defamation laws. The issue of criminal defamation has particular importance in the Caribbean, where a similar law was adopted in Grenada in 2013 and subsequently amended after international outcry. Trinidad and Tobago and Guyana are currently considering similar legislation now under critical review by national, regional, and international stakeholders.

The steps taken today in Saint Vincent and the Grenadines to strengthen criminal defamation laws and stifle online dissent and discussion could reverse the positive legislative trend in the Caribbean and serve as a negative example for Saint Vincent’s regional neighbors. It is therefore our view that the law as adopted today must be revised and criminal defamation must be abolished, and we urge the government of Saint Vincent and the Grenadines to do so as soon as possible.

Signed,

Association of Caribbean Media Workers
Committee to Protect Journalists
International Press Institute
Reporters Without Borders
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility
Electronic Frontier Foundation
Freedom Forum
Fundamedios – Andean Foundation for Media Observation and Study
Human Rights Network for Journalists – Uganda
Independent Journalism Center – Moldova
Index on Censorship
Institute for the Studies on Free Flow of Information
Media, Entertainment and Arts Alliance
Media Rights Agenda
Media Watch
Pacific Freedom Forum
Pacific Islands News Association
Pakistan Press Foundation
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
PEN International
Vigilance pour la Démocratie et l’État Civique

Letter: UK must question Bahrain’s record on press freedom

bahrain-press-freedom-letter-logos

Rt Hon Boris Johnson
Secretary of State for Foreign and Commonwealth Affairs
Foreign and Commonwealth Office
King Charles Street Whitehall
London SW1A 2AH

15 August 2016

Dear Mr Johnson,

First, may we congratulate you on your recent appointment as Secretary of State for Foreign and Commonwealth Affairs.

We write to raise our deep concern over the current ambassador from the Kingdom of Bahrain to the UK, Sheikh Fawaz bin Mohammad Al Khalifa, on his recent statements and record on press freedom, and urge you to raise the concerns set out below to the Government of Bahrain.

Last month, on 20 July, the Bahrain embassy in the UK released a statement in support of the actions of the Information Affairs Authority (IAA), which brought a case against Bahraini journalist Nazeeha Saeed. Ms. Saeed has worked as correspondent for France24 for seven years, and for Radio Monte Carlo Doualiya for 12 years. She was charged with working for international media outlets without a license. Her case is just the latest in a series of regressive actions targeting critical journalists, creating an environment where a free fourth estate cannot function.

The Bahrain embassy’s statement reported that the IAA had lodged a legal complaint against Ms. Saeed for illegally working as a foreign correspondent, that Ms. Saeed’s foreign correspondence license expired ‘over 150 days’ ago, and that she was warned of legal action.1 None of this is true. The undersigned NGOs have seen a letter by the IAA from June 2016 denying her license renewal, which she had applied for at the end of March 2016 (some 110 days earlier to the embassy’s statement, not 150). The IAA did not in fact warn her of legal action in the letter.

It is not innocuous that Sheikh Fawaz, as ambassador to the United Kingdom, had the embassy publish this statement in support of the IAA and we see this statement as a reflection of Bahrain’s antipathy towards a free press, and as Sheikh Fawaz’s direct role in antagonising the press.

The IAA is the government body that regulates the press, issues journalist licenses, and operates Bahrain News Agency and the state-run Bahrain TV. Sheikh Fawaz Al Khalifa, prior to becoming ambassador, was the first president of the IAA between 2010 and 2012, overseeing the institution during the Arab Spring. In that time, the government systematically cracked down on political and civil freedoms. The IAA was responsible for suspending the only independent newspaper, aiding in the censorship of the press and the deportation of foreign-national journalists, and in spreading hate speech through IAA-controlled TV stations.

Journalists interviewed by the Bahrain Institute for Rights and Democracy have told us that press relations were calmer before Sheikh Fawaz’s 2010-2012 presidency of the IAA. Sheikh Fawaz’s appointment as media chief in July 2010 coincided with the arrest and torture of opposition politicians and activists in the lead-up to Bahrain’s November 2010 General Elections, actions which precipitated the Arab Spring protests. Journalists state that government censorship of the press increased substantially with the formation of the IAA under Sheikh Fawaz.

In May 2011, Ms. Saeed was summoned to a police station in connection to the police killing of a protester she had witnessed. There, police detained her and tortured her into signing a confession, as reported by Human Rights Watch.2 To date Ms. Saeed has been denied justice by Bahrain’s courts.3 The IAA, despite its responsibilities to protect journalists, did not support her. Soon after Ms. Saeed’s detention, BBC Arabic interviewed Sheikh Fawaz, then-IAA president, asking him: “Why is a journalist who has come to report these events treated in this way?” He replied: “She does not have any license to report for the French news agency.”4 In fact, Ms. Saeed had a license at that time, and has done throughout her career, until the IAA’s refusal of her latest renewal in April 2016. Sheikh Fawaz not only failed to protect a vulnerable journalist, he intentionally spread falsehoods justifying her mistreatment.

Ms. Saeed’s case is not the only one in which Sheikh Fawaz has played a role. The Bahrain Independent Commission of Inquiry, the accepted record of rights violations during 2011, notes (para. 1611) how Sheikh Fawaz’s Deputy Assistant at the IAA summoned an Iraqi journalist working for the only independent newspaper, Al Wasat, for a meeting in April 2011 during an imposed State of Emergency. When the journalist arrived at the IAA offices, police arrested, beat and threatened him, then deported him that same evening.5

Al Wasat newspaper was subjected to a smear campaign led by the IAA itself. On 2 April 2011, the IAA-operated Bahrain TV broadcast a two-hour live show antagonising Al Wasat and immediately afterwards, the IAA suspended the newspaper, only allowing it to resume publication after the resignation of its senior editorial staff.6 The newspaper was not alone suffering this crackdown on free expression: Bahrain TV broadcast programmes identified and vilified celebrity protestors throughout the Arab Spring period. Athletes, including national football team players, who called on live broadcasts to defend their appearance at protests, were arrested and subjected to torture within days of doing so.7 The IAA-run Bahrain TV, which we reiterate would have been executing policy set by the president, Sheikh Fawaz, has never been held to account for its role inciting hatred against legitimate political protest and the targeting of specific persons.

Journalism as a whole was under threat during Sheikh Fawaz’s leadership of the IAA. The repression of independent journalists and media under his watch was on a scale similar to that seen in countries like Turkey and Egypt, which are known for state censorship of the press.

A sure indicator of this is in the Reporters Without Borders Press Freedom Index, which ranks each country on press freedom, with the 1st country having the freest press. Bahrain’s ranking, which stood at 119th in 2009, the year before Sheikh Fawaz’s IAA presidency, fell by 46 rungs to 165th by 2012, the year his presidency ended. This was the greatest fall in rankings Bahrain ever saw.

Bahrain’s ranking currently sits at 162 (with this latter rise in rank due mainly to the addition of countries ranked below Bahrain). As a point of comparison, the 2016 Press Freedom Index 2016 respectively ranked Turkey and Egypt at 151 and 159. The rankings reflect Sheikh Fawaz’s devastating leadership of the state media body and the long shadow left on press freedom.

It was for these reasons that the community of press freedom activists, rights defenders and NGOs greeted Sheikh Fawaz’s appointment as ambassador to the United Kingdom with alarm. His embassy’s latest statements on the case of Ms. Nazeeha Saeed, for which the history extends back to his IAA presidency in 2011, calls back his direct role in repressing Bahrain’s press and journalists. His role in allowing the incitement of hatred against pro-democracy protesters on his watch, and his continued public attempts to mislead on the cases of journalists like Ms. Saeed, are indications that neither he nor the country he represents share the key British values of the right to free speech and individual liberty, nor in the universally recognised right to freedom of expression, as protected under Article 19 of the Universal Declaration of Human Rights. The Kingdom of Bahrain’s choice of a person with a key role in repressing freedom of speech as their ambassador to the United Kingdom reflects Bahrain’s unchanged, poor attitudes towards freedom of speech and human rights more generally.

We therefore urge you to address this promptly and raise these issues surrounding Sheikh Fawaz’s past and current involvement in the violations of press freedom with the Government of Bahrain.

Yours sincerely,

Bahrain Institute for Rights and Democracy

Index on Censorship

Reporters Without Boarders

1 Bahrain Embassy in London, Press Release: Information Affairs Authority Clarifies Regulation for Foreign Correspondents Related to Nazeeha Saeed, 20 July 2016, http://us12.campaign- archive1.com/?u=adae2d71fee280549ad890919&id=79fd8c6d53.

2 Human Rights Watch, Criminalizing Dissent, Entrenching Impunity: Persistent Failures of the Bahraini Justice System Since the BICI Report, 28 May 2014, https://www.hrw.org/report/2014/05/28/criminalizing-dissent- entrenching-impunity/persistent-failures-bahraini-justice.

3 Reporters Without Borders, RSF Demands Justice for Bahraini Journalists Tortured in 2011, 20 November 2015, https://rsf.org/en/news/rsf-demands-justice-bahraini-journalist-tortured-2011.

4 Bahrain TV on Youtube, IAA President Interview on BBC Arabic – 27 May 2011, 27 May 2011, https://www.youtube.com/watch?v=SDlClo2AIuE.

5 Bahrain Independent Commission of Inquiry (BICI), Report of the Bahrain Independent Commission of Inquiry, November 2011, para. 1611, http://www.bici.org.bh/BICIreportEN.pdf.

6 BICI, Report of the BICI, para. 1592.

7 ESPN (mirror), ESPN E:60: Athletes of Bahrain, 8 November 2011, https://www.youtube.com/watch?v=wfhPWwhWlJU.

Bahrain must end harassment of human rights defender Sheikh Maytham Al-Salman

We, the undersigned civil society groups located worldwide, write to you to once more condemn the ongoing harassment of human rights defenders in Bahrain and call on you to drop all charges against Sheikh Maytham Al-Salman.

Sheikh Maytham Al-Salman has been called for interrogation at Ministry of Interior on Sunday 14 August 2016 due to exercising his right in defending religious freedom and exposing human rights violations in Bahrain. This latest reprisal is part of a disturbing trend of crackdowns by the Bahraini government against human rights defenders and civil society organizations.

Sheikh Maytham is an internationally respected interfaith leader and human rights advocate. His work focuses on defending religious freedom and countering violent extremism while supporting the right to freedom of expression in accordance with international human rights standards. In October of 2015, Sheikh Maytham was honoured for his work with the Interfaith Communities for Justice and Peace “Advocate for Peace” award.

Bahraini authorities have harassed Sheikh Maytham on numerous occasions in the past, including two separate incidents in 2015 when he was detained for his human rights activities. He was also summoned in connection to the content of a speech he gave on 27 December, the anniversary of the arrest of prisoner of conscience Sheikh Ali Salman, in which he drew attention to the violations of international fair trial standards that took place.

This harassment is in violation of Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which Bahrain has been a signatory to since 2006. It also contradicts the obligations of the state to protect human rights defenders, as derived from their obligation to protect all human rights under Article 2 of the ICCPR.

Rather than ensure their protection, Bahrain has made a habit out of persecuting dissidents and activists. Sheikh Maytham joins other high-profile individuals like BCHR President Nabeel Rajab, activist Zainab al-Khawaja and human rights defender Naji Fateel that have been targeted for their work and denied their right to freedom of opinion and expression.

The undersigned call on the Government of Bahrain to allow the important work of Sheikh Maytham and others who bring human rights violations to light to be conducted unimpeded, as provided for under the ICCPR and other relevant international human rights standards by taking the following steps:

  • Drop all charges pending against Sheikh Maytham al-Salman for exercising his right to freedom of speech;
  • Release all prisoners who have been convicted for their political opinions; and
  • Fully comply with the recommendations of the Bahrain Independent Commission of Inquiry (BICI); particularly those that ensure the right to freedom of expression, opinion and assembly are respected.

Mapping Media Freedom: In review 30 July-10 August

Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are five recent reports that give us cause for concern.

Turkey: 12 journalists arrested on terror charges

5 August, 2016 – Twelve journalists were arrested on terror charges following a court order, independent press agency Bianet reported.

According to Bianet: “The court on duty has ruled to arrest Alaattin Güner, Şeref Yılmaz, Ahmet Metin Sekizkardeş, Faruk Akkan, Mehmet Özdemir, Fevzi Yazıcı, Zafer Özsoy, Cuma Kaya and Hakan Taşdelen on charges of “being a member of an armed terrorist organisation” and Mümtazer Türköne, columnist of the now closed Zaman Daily on charges of “serving the purposes of FETÖ (Fethullahist Terrorist Organisation)” and Hüseyin Turan and Murat Avcıoğlu on charges of “aiding a [terrorist] organization as non-member”.

Warrants for the detainment of all 13 Zaman newspaper journalists were issued on 27 July 2016 by Turkish authorities.

Also read: 200 Turkish journalists blacklisted from parliament

Romania: Audiovisual Council member prevents live transmission of debate

4 August, 2016 – Monica Gubernat, a member and chairperson of the National Audiovisual Council of Romania, cut off the live transmission of a council debate, news agency Mediafax reported.

An ordinance says that all meetings of the council must be broadcasted live on its website.

The institution has recently purchased equipment to broadcast debates, which was set to go live on 4 August, 2016. A member of the council, Valentin Jucan, even issued a press statement about the live broadcast.

The chairperson, Monica Gubernat was opposed to it, saying that she was not informed about the broadcast, and asked for a written notification about the transmission.

ActiveWatch and the Centre for Independent Journalism announced they would inform the supervisory bodies of the National Audiovisual Council of Romania and the culture committees of the Parliament about the “abusive behavior of a member of the council” and asked for increased transparency within this institution.

The National Audiovisual Council of Romania is the only regulator of the audiovisual sector in Romania. Their job is to ensure that Romania’s TV channels and radio stations operate in an environment of free speech, responsibility and competitiveness. In practice, the council’s activity is often criticised for its lack of transparency and their politicised rulings.

Germany: Journalists forcefully enter Correctiv offices over MH17 story

2 August, 2016 – British blogger Graham Phillips and freelance journalist Billy Six, forcibly entered the offices of non-profit investigative journalism outlet Correctiv, filmed without permission and accused staff of spreading lies, the outlet reported on its Facebook page on Wednesday 3 August.

According to Correctiv’s statement, Phillips had been seeking to confront Marcus Bensmann, the author of a Correctiv article which claimed that Russian officers had shot down the passenger airplane crossing over Ukraine in July 2014.

Phillips maintains the Ukrainian military is responsible for the crash.

Belarus: Police block freelance journalist from filming government building

2 August, 2016 – Police officers prevented freelance journalist Dzmitry Karenka from filming near the Central Election Commission office located in the Belarusian Government House in Minsk, the Belarusian Association of Journalists reported.

The journalist reported intended to film a video on the last day when candidates for the House of Representatives, Belarusian lower chamber, could register.

At 6am he was approached by police officers who told him that administrative buildings in Belarus can be filmed “only for the news” and asked him to show his press credentials which he didn’t have as he is a freelance journalist.

Karenka told the Belarusian Association of Journalists that he spoke with the police for over an hour before he was released and advised not to film administrative buildings.

Also read: Belarus: Government uses accreditation to silence independent press

Netherlands: DDoS attack on Zaman Today website

1 August, 2016 – The website of the Dutch edition of Turkish newspaper Zaman Today was hit by a DDoS attack, broadcaster RTL Nieuws reported.

The website, known to be critical of the Erdogan government, was offline for about an hour.

An Erdogan supporter reportedly announced an attack on the website earlier via Facebook. Zaman Today said it will be pressing charges against him.

Also read: Turkey’s media crackdown has reached the Netherlands


Mapping Media Freedom


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


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