12 Apr 2016 | Italy, Mapping Media Freedom, mobile, News and features
Italy might soon introduce fines against vexatious defamation lawsuits against journalists, as part of a large-scale reform being discussed by the parliament.
On 10 March, the chamber of deputies passed a set of recommendations to reform civil proceedings, which would include penalties to discourage the use of libel suits to intimidate journalists.
The recommendations, called delegation to the government with instructions on the efficiency of civil proceeding and sponsored by ministry of justice Andrea Orlando (Democratic Party) and vice-president of the justice committee Franco Vazio, of the same party, would punish plaintiffs who are proved to be in mala fides, i.e. knowing their claims to be false, by making them reimburse journalists an amount between two and five times the trial’s expenses.
The recommendations are what Italian law calls a “delegated law”. With them, the parliament delegates the government to legislate in its place – but only following a set of restrictions and recommendations, which are what the chamber of deputies approved on 10 March.
Before the government turns them into law, the recommendations now need to be approved by the Italian senate, which has not yet released a timeline for debating the recommendations.
If the senate approves the recommendations, the government will have an 18-month window to enforce them. However, according to Italian law, no individual minister is in charge of the measure, and there won’t be a backlash against the government if it fails to take action.
Nevertheless, president of the National Federation of Italian Press Giuseppe Giulietti has expressed satisfaction about the recommendations, saying in a statement it is a “relevant first step in the right direction”.
Alberto Spampinato, director of Ossigeno per l’Informazione, an Italian organisation that monitors threats to journalists, also thinks that although the measures aren’t a major step forward, they are a good start.
“The fines would drive down the number of vexatious defamation lawsuits brought against journalists,” Spampinato told Index.
According to data by Ossigeno, defamation lawsuits have become the most used tool to silence journalists in the country.
Journalists have no access to insurance schemes to cover defamation trials expenses in Italy, and only 10% of them can rely on their organisations to cover the costs, making it hard for journalists to afford to be sued for libel.
Ossigeno argues that even the threat of legal action has a chilling effect on the media.
According to Spampinato, an older law had already established fines for these cases. However, as it failed to specify the amount of the fines, judges have been unable to impose any at all.
“It’s important that the parliament has begun to address the issue,” he says.
The vote came just after the chamber of deputies ratified a parliamentary report on the protection of journalists on 3 March.
The report, titled Report on the State of Information and on the Condition of Journalists threatened by Organised Crime, was sponsored by MP Claudio Fava and backed by the anti-mafia parliamentary committee, and it calls for further measures to protect journalists from intimidation.
The report recommends differentiating between malicious falsehood and defamation, and to make it “a criminal offence to punish any threat, pressure, and violent or damaging behaviour to limit the press’s freedom”.
Ossigeno’s Spampinato says both would be important measures.
“Just like when a patient dies, we don’t always blame the surgeon for it, we must be able to distinguish between a journalist’s mistakes and the cases in which he disseminates falsehood intentionally,” he said.
He also agreed with the report that in most cases it should be a criminal offence to limit press freedom. He argued that the right to be informed is the only fundamental human right not protected by criminal law – not just in Italy but also in other European countries.
The report was approved by the chamber unanimously but isn’t a binding resolution.
However, Ossigeno thinks it is an important milestone, calling it a “historic vote” on its website.
“The vote on the committee’s report paves the way for other proposals,” explained Spampinato. “MPs will introduce new measures to protect journalists.”
This article was originally posted at Index on Censorship
11 Apr 2016 | Magazine, Volume 45.01 Spring 2016 Extras
Kemel Aydogan’s production of A Midsummer Night’s Dream in Turkey. Credit: Mehmet Çakici
Hitler was a Shakespeare fan; Stalin feared Hamlet; Othello broke ground in apartheid-era South Africa; and Brazil’s current political crisis can be reflected by Julius Caesar. Across the world different Shakespearean plays have different significance and power. The latest issue of Index on Censorship magazine, a Shakespeare special to mark the 400th anniversary of his death, takes a global look at the playwright’s influence, explores how censors have dealt with his works and also how performances have been used to tackle subjects that might otherwise have been off limits. Below some of our writers talk about some of the most controversial performances and their consequences.
(For the more on the rest of the magazine, see full contents and subscription details here.)
Kaya Genç on A Midsummer’s Night’s Dream in Turkey
“When Turkish poet Can Yücel translated A Midsummer’s Night Dream, he saw the potential to reflect Turkey’s authoritarian climate in a way that would pass under the radar of the military intelligence’s hardworking censors. Like lovers in Shakespeare’s comedy who are tricked by fairies into falling in love with characters they actually dislike, his adaptation [which was staged in 1981 and led to the arrests of many of the actors] drew on the idea that Turkey’s people were forced by the state to love the authority figures that oppressed them the most. They were subjugated by the military patriarchy, the same way the play’s female and artisan characters were subjugated by Athenian patriarchy.
Kemal Aydoğan, the director of the latest Turkish adaptation of A Midsummer Night’s Dream, described the work as ‘one of the most political plays ever written’. For Aydoğan, the scene in which the Amazonian queen Hippolyta is subjugated and taken hostage by the Theseus marks a turning point in the play. ‘That Hermia is not allowed to marry the man she loves but has to wed the man assigned to her by her father is another sign of women’s subjugation by men,’ he said. This, according to Aydoğan, is sadly familiar terrain for Turkey where women are frequently told by male politicians to know their place, keep silent and do as they are told.’ ”
Claire Rigby on Julius Caesar in Brazil
“In a Brazil seething with political intrigue, in which the impeachment proceedings currently facing President Dilma Rousseff are just the most visible tip of a profound turbulence which has gripped the country since her re-election in October 2014, director Roberto Alvim’s 2015 adaptation of Julius Caesar was inspired by a televised presidential debate he saw in the final days of the election campaign, in which centre-left Rousseff faced off against her centre-right opponent Aécio Neves. ‘I watched the debate as it became utterly polarised between Dilma and Aécio, and the famous clash between Mark Antony and Brutus instantly came to mind,’ he said. ‘It was the idea that the same facts can be drawn in such completely different ways by the power of speech: the power of the word to reframe the facts, and its central importance in the political game.’ ”
György Spiró on Richard III in Hungary
“Richard III was staged in Kaposvár, which had Hungary’s very best theatre at the time. This was 1982.
Charges were brought against the production, because the Earl of Richmond wore dark glasses. A few weeks earlier, on 13 December 1981, General Wojciech Jaruzelski declared a state of emergency in Poland. For health reasons he wore sunglasses every time he appeared in public.”
Simon Callow on Hamlet under Stalin and the Nazis
“In 1941, Joseph Stalin banned Hamlet. The historian Arthur Mendel wrote: ‘The very idea of showing on the stage a thoughtful, reflective hero who took nothing on faith, who intently scrutinized the life around him in an effort to discover for himself, without outside ‘prompting,’ the reasons for its defects, separating truth from falsehood, the very idea seemed almost ‘criminal’.’ Having Hamlet suppressed must have been a nasty shock for Russians: at least since the times of novelist and short story writer Ivan Turgenev, the Danish Prince had been identified with the Russian soul. Ten years earlier, Adolf Hitler had claimed the play as quintessentially Aryan, and described Nazi Germany as resembling Elizabethan England, in its youthfulness and vitality (unlike the allegedly decadent and moribund British Empire). In his Germany, Hamlet was reimagined as a proto-German warrior. Only weeks after Hitler took power in 1933 an official party publication appeared titled Shakespeare – A Germanic Writer.”
Natasha Joseph on Othello in South Africa
“In 1987, actress and director Janet Suzman decided to stage Othello in her native South Africa, bringing ‘the moor of Venice’ to life at Johannesburg’s iconic Market Theatre. It was just two years since Prime Minister PW Botha had repealed one of apartheid’s most reviled laws, the Immorality Act, which banned sexual relationships between people of different races. Even without the legislation, many white South Africans baulked at the idea of interracial desire. No wonder, then, that Suzman’s production attracted what she has described as ‘millions of bags full of hate letters from people who thought that this was an outrage’.
But in a country famous for sweeping censorship and restrictions on freedom of movement, speech and association, the play was not banned. Why? Because the apartheid government ‘would have been the laughing stock of the world if they had banned Shakespeare’, Suzman told Index on Censorship. ‘Any government would be really embarrassed to ban Shakespeare. The apartheid government was frightened of ridicule. Everyone is frightened of laughter.’ ”
For more articles on Shakespeare’s battle with power around the world, see our latest magazine. Order your copy here, or take out a digital subscription via Exact Editions (just £18 for the year, with a free trial). Copies are also available in excellent bookshops including at the BFI, Mag Culture and Serpentine Gallery (London), News from Nowhere (Liverpool), Home (Manchester) and on Amazon or a digital magazine on exacteditions.com. Each magazine sale helps Index on Censorship fight for free expression worldwide.
8 Apr 2016 | Magazine, Volume 45.01 Spring 2016 Extras
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8 Apr 2016 | Awards, Europe and Central Asia, Turkey
Turkish journalist Ferit Tunç quit his advertising job in 2013 to found the newspaper Yön Gazetesi, covering the Kurdish Batman province of Turkey. Since its inception, the newspaper has been the subject of nearly 40 lawsuits, and Tunç has been taken close to bankruptcy.
“Being a journalist in Turkey is very difficult,” he told Index. “But being a journalist in the Eastern provinces of Turkey is more difficult, especially these days.”
However he has refused to give up fighting for press freedom in Turkey. In protest to the crippling lawsuits – all of which had been eventually dropped – Tunç began to devote his front pages to recipes for traditional Turkish dishes.
The recipes contained references to government corruption and media censorship, with readers were informed about the best way to prepare “governor kebab” and a sherbet treat the paper satirically-titled “deputy’s finger.”
“They [the authorities] love to eat so we give them recipes. After they understood our protest, they appropriated the newspaper more than before. We will continue our protest until there is a free local media,” Tunç said.
The protest gained local and international attention, and Tunç eventually won a three-month sponsorship from a group of local businessmen, allowing Yön Gazetesi to stay open.
In 2015 Tunç also ran as an independent parliamentary candidate in Batman in the June general election.
“In reality, my reason for being a candidate was not to be elected, it was completely a reaction towards those in authority and against the political parties,” he said. “During our campaigning our main slogan was “No to Corruption”.
Even his campaign van was emblazoned with the demand: “Stop Corruption!”.
Tunç believes politics and the media need to be reformed in Turkey: “People feel they’re being denied the right to know and discuss local issues, but first, you have to have a form of media that can focus on them without being destroyed.”
“Freedom of speech is essential for me and I am of those that believe that there will not be development, happiness and peace in a place without freedom of speech.”
Recipe: Governor Kebap
The name of the food that I have given in the recipe is “Governor’s Kebap.” The Governor’s Kebap is one of the most expensive foods we have and the poor have not had much of a chance to eat it. And the small message we are giving through this is that while the poor are unable to eat this food, the rich are only thinking about their stomachs while abusing the rights of the poor and dealing corruptly.
Ingredients:
– 1 kg boneless leg of lamb
– half kg green beans
– 4-5 tablespoons vegetable oil
– 3 potatoes
– 3 tomatoes
– 2 bell peppers
– a red bell pepper
– 15 pearl onions
– 3 garlic cloves
– 1.5 cups water
– Salt, black pepper, thyme
Preparation:
Peel the garlic cloves. Rub the inside of a stew dish (güveç) with one clove of garlic and then grease it with 1-2 tablespoons of vegetable oil. Peel and wash the vegetables. Cut the beans in half. Slice the potatoes, tomatoes, and peppers. Peel the onions.
Coat the meat with thyme and put it in the stew dish (güveç). In order, add onions, beans, peppers, potatoes, and tomatoes. Add the salt, black pepper, water and remaining oil, and then cover the stew dish (güveç) with aluminum foil. Serve hot after cooking it for one hour in an oven set to 160 degrees.
