Belarus: Press freedom violations May 2019

31 May 2019 | Belarus, Belarus Incident Reports

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Index on Censorship’s Monitoring and Advocating for Media Freedom project tracks press freedom violations in five countries: Azerbaijan, Belarus, Russia, Turkey and Ukraine. Learn more.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_row_inner][vc_column_inner][vc_custom_heading text=”8 Incidents” use_theme_fonts=”yes”][/vc_column_inner][/vc_row_inner][vc_custom_heading text=”Blogger Piatrukhin detained to prevent him from covering ecological protest in Brest” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]26 May 2019 – Blogger Siarhei Piatrukhin was preventively detained by the Brest police on the basis of a flimsy pretext and taken to the Leninski district police department shortly before the start of an ecological protest. He had to spend about an hour at the station.

For more than a year, Brest residents have been protesting against the construction and launch of the iPower battery plant in the Brest free economic zone which may harm the environment in the region.

Link(s)

 https://belsat.eu/en/news/ahead-of-protests-brest-blogger-preventively-detained/

Categories: Arrest/Detention; Blocked Access

Source of violation: Police/State security[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”President signs decree allowing the blocking of websites during the European Games” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]20 May 2019 – President Lukashenko signed decree №19 on security measures during the European Games in Minsk (17 June to 2 July).

The authorities intend to temporarily block all the websites calling for participation in unauthorized protests during the European Games in Belarus. According to the document, from 20 May to 30 June this year such websites are to be detected and to be blacklisted within 24 hours.

In addition, the decree also prohibits the use drones at sports venues, hotels and fan zones during the European Games. Unauthorised drones will be seized until 2 July. The exception is the equipment belonging to the governmental bodies and the Games organizers.

Link(s)

https://baj.by/en/content/belarusian-government-block-websites-calling-protests-during-european-games

http://charter97.link/en/news/2019/5/21/334837/

Category: Legal Measures

Source of violation: Government[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Investigative journalist makes statement on his discrediting by Russian propaganda websites” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]16 May 2019 – The editor of the Belarusian service of the International Volunteer Community Inform Napalm and journalist for the Novy Chas newspaper Dzianis Ivashyn made an official statement on the smear campaign against him by some Russian websites. Ivashyn noted that some representatives of Belarusian media outlets are engaged in this campaign as well. The campaign began in mid-April 2019. 

The main participants of the campaign, according to Ivashyn, are antimaydan.info, news-front.info, novorosinform.org, politnavigator.net, telegram channels 338 and Trikotazh and several others.

Ivashyn said he believes security ministries of the Russian Federation are behind the campaign due to the nature, method and channels of dissemination of disinformation about him.

Link(s)

 https://baj.by/be/content/belaruski-zhurnalist-zayaulyae-pra-cisk-z-boku-rasiyskih-internet-resursau

Categories: Online Discredit

Source of violation: Another media[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Investigative journalist makes statement on his discrediting by Russian propaganda websites” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]16 May 2019 – The editor of the Belarusian service of the International Volunteer Community Inform Napalm and journalist for the Novy Chas newspaper Dzianis Ivashyn made an official statement on the smear campaign against him by some Russian websites. Ivashyn noted that some representatives of Belarusian media outlets are engaged in this campaign as well. The campaign began in mid-April 2019. 

The main participants of the campaign, according to Ivashyn, are antimaydan.info, news-front.info, novorosinform.org, politnavigator.net, telegram channels 338 and Trikotazh and several others.

Ivashyn said he believes security ministries of the Russian Federation are behind the campaign due to the nature, method and channels of dissemination of disinformation about him.

Link(s)

 https://baj.by/be/content/belaruski-zhurnalist-zayaulyae-pra-cisk-z-boku-rasiyskih-internet-resursau

Categories: Online Discredit

Source of violation: Another media[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Radio Racyja’s journalist failed to obtain accreditation from foreign ministry” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]15 May 2019 – The Belarusian ministry of foreign affairs denied accreditation to Yauhen Skrabets, a journalist for the Belarusian Radio Raciya (Poland), as a foreign correspondent.

In response to Yauhen Vapa, the head of the radio station, the ministry said that the accreditation had been denied because Radio Raciya had previously used non-accredited journalists in the last six months. 

Link(s)

 https://baj.by/be/content/mzs-belarusi-admovila-u-akredytacyi-yashche-adnamu-zhurnalistu-radyyo-racyya-kopiya-adkazu

Categories: Blocked Access; Legal Measures

Source of violation: State Agency[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Two independent journalist from Vitsebsk fined” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]15 May 2019 – The trial of independent journalists Alena Shabunia and Viachaslau Lazarau took place in the Navapolatsk town court. A judge found both journalists guilty of “illegal production and distribution of media content” under Article 22.9 of the Code of Administrative Offenses and fined them 637.50 Belarusian rubles (more than 300 dollars) each.

The pair were on trial because their video of an accident at the Polimir Navapolatsk enterprise was shown on Belsat TV channel.

Link(s)

http://charter97.link/en/news/2019/5/16/334236/

https://baj.by/be/content/vicebskih-zhurnalistau-ashtrafavali-za-videasyuzhet-pra-avaryyu-na-zavodze-palimir

Category: Fines

Source(s) of violation: Police, Court[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Foreign Ministry refused to accredit Radio Racyja journalist for the tenth time” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]14 May 2019 – A foreign ministry officer told Hrodna journalist Victar Parfionenka in a telephone conversation that he has been denied accreditation again.

Parfionenka has been contributing to the Belarusian Radio Racyja registered in Poland for 10 years. Every year he appeals to the Belarusian Ministry of Foreign Affairs for accreditation as a foreign correspondent and always gets rejected.

Link(s)

https://m.charter97.org/ru/news/2019/5/13/333944/

Categories: Blocked Access; Legal Measures

Source of violation: State Agency[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Ingush blogger detained and deported to Russia without trial” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]10 May 2019 – The authorities have ordered the extra-judicial deportation of Russian critical blogger Ismail Nalgiev after his arrest in the Minsk airport on 8 May 2019.

His lawyer said law enforcement agencies did not disclose the reasons for the blogger’s arrest. Nalgiev has been held in the detention center in Minsk since he was arrested at the airport while he was trying to leave Belarus. He was told that he was on the Russian list of wanted persons. Then the blogger was told that he was charged with a misdemeanor.

It was expected that the charge would be considered on May 10 by the Kastrychnicki district court of Minsk, but in the morning the detainee’s lawyer was informed that there would be no trial and Nalgiev had already been deported.

Link(s)

http://charter97.link/en/news/2019/5/10/333562/

https://belsat.eu/en/news/ingush-blogger-ismail-nalgiev-expelled-from-belarus-without-trial/

http://spring96.org/en/news/92886

https://baj.by/be/content/ingushskogo-blogera-vyslali-iz-belarusi-bez-suda

Categories: Arrest/Detention; Legal Measures

Source of violation: Police/State security[/vc_column_text][vc_custom_heading text=”More on this case” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”107022″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2019/05/blogger-and-human-rights-defender-ismail-nalgiev-extra-judicially-deported-from-belarus/”][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]

Blogger and human rights defender Ismail Nalgiev extra-judicially deported from Belarus

[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Journalists among those barred from attending a session on redevelopment in Minsk” font_container=”tag:h3|text_align:left” use_theme_fonts=”yes”][vc_column_text]3 May 2019 – Journalists were not allowed to attend the session on the redevelopment of a section of the center of Minsk, which was held in the Pershamaiski district administration of Minsk behind closed doors.

Two dozen local residents, who had submitted written appeals to be present at the session, gathered at the door, but they and media outlets — Radio Liberty and news website TUT.by — were barred from attending.

When Radio Liberty’s Ina Studzinskaya approached the door, a police senior lieutenant roughly threw her out of the office.

Link(s):

https://www.svaboda.org/a/29918765.html

http://charter97.link/ru/news/2019/5/3/332790/

Categories: Blocked Access, Physical Assault

Source of violation: State Agency, Police[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1560769127972-f4b1801a-f015-7″ taxonomies=”8996″][/vc_column][/vc_row]

Joint letter to Information Commissioner on “age appropriate” websites plan

30 May 2019 | Campaigns -- Featured, Digital Freedom, Digital Freedom Statements

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Elizabeth Denham, Information Commissioner
Information Commissioner’s Office, Wycliffe House
Wilmslow
Cheshire, SK9 5AF

30 May 2019

Dear Commissioner Denham,

Re: The Draft Age Appropriate Design Code for Online Services

We write to you as civil society organisations who work to promote human rights, both offline and online. As such, we are taking a keen interest in the ICO’s Age Appropriate Design Code. We are also engaging with the Government in its White Paper on Online Harms, and note the connection between these initiatives.

Whilst we recognise and support the ICO’s aims of protecting and upholding children’s rights online, we have severe concerns that as currently drafted the Code will not achieve these objectives. There is a real risk that implementation of the Code will result in widespread age verification across websites, apps and other online services, which will lead to increased data profiling of both children and adults, and restrictions on their freedom of expression and access to information.

The ICO contends that age verification is not a ‘silver bullet’ for compliance with the Code, but it is difficult to conceive how online service providers could realistically fulfil the requirement to be age-appropriate without implementing some form of onboarding age verification process. The practical impact of the Code as it stands is that either all users will have to access online services via a ‘sorting’ age-gate or adult users will have to access the lowest common denominator version of services with an option to ‘age-gate up’. This creates a de facto compulsory requirement for age-verification, which in turn puts in place a de facto restriction for both children and adults on access to online content.

Requiring all adults to verify they are over 18 in order to access everyday online services is a disproportionate response to the aim of protecting children online and violates fundamental rights. It carries significant risks of tracking, data breach and fraud. It creates digital exclusion for individuals unable to meet requirements to show formal identification documents. Where age-gating also applies to under-18s, this violation and exclusion is magnified. It will put an onerous burden on small-to-medium enterprises, which will ultimately entrench the market dominance of large tech companies and lessen choice and agency for both children and adults – this outcome would be the antithesis of encouraging diversity and innovation.

In its response to the June 2018 ‘Call for Views’ on the Code, the ICO recognised that there are complexities surrounding age verification, yet the draft Code text fails to engage with any of these. It would be a poor outcome for fundamental rights and a poor message to children about the intrinsic value of these for all if children’s safeguarding was to come at the expense of free expression and equal privacy protection for adults, including adults in vulnerable positions for whom such protections have particular importance.

Mass age-gating will not solve the issues the ICO wishes to address with the Code and will instead create further problems. We urge you to drop this dangerous idea.

Yours sincerely,

Open Rights Group
Index on Censorship
Article19
Big Brother
Watch Global Partners Digital

CC: Rt Hon Jeremy Wright QC MP, Secretary of State for Digital, Culture, Media and Sport [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1559229268454-85b039c8-b1bf-8″ taxonomies=”4883″][/vc_column][/vc_row]

Index and English Pen welcome decision by Northern Ireland’s Lord Chief Justice in Loughinisland massacre journalists’ case

29 May 2019 | Campaigns -- Featured, Media Freedom, media freedom featured, News and features, Northern Ireland, Press Releases, Statements, United Kingdom

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Update: Update: On 3 June 2019, the criminal investigation into Trevor Birney and Barry McCaffrey was dropped. The Durham Constabulary and the Police Service of Northern Ireland (PSNI) announced that they were no longer investigating the two journalists.

Update: On 31 May the High Court in Belfast ruled that journalists Trevor Birney and Barry McCaffrey acted lawfully, that police warrants against them were “inappropriate” and that all confiscated material be returned. Justice Morgan said that the material “does not indicate that the journalists acted in anything other than a perfectly proper manner”. “We consider that there’s no reason why, subject to suitable protections, for declining to return the material in their entirety to the journalists,” he added.

Index on Censorship and English PEN welcome the decision by the High Court in Northern Ireland to quash the warrants obtained by police to carry out raids on the homes and office of Belfast journalists Trevor Birney and Barry McCaffrey.

Birney and McCaffrey produced a documentary No Stone Unturned which examines claims of state collusion in the murders of six men.

In evidence submitted to the High Court in Northern Ireland, Index on Censorship and English PEN said the raid on the homes and office of Birney and McCaffrey should be ruled unlawful.

Index on Censorship and English PEN filed a written submission to the court on May 17 after the court granted permission for the organisations to intervene. Index on Censorship and English PEN are represented by solicitor Darragh Mackin at Phoenix Law and barrister Jude Bunting at Doughty Street Chambers.

Lord Chief Justice of Northern Ireland Sir Declan Morgan said: “We are minded to quash the warrants on the basis that they were inappropriate, whatever the other arguments.”

A further hearing is set for 2pm on Friday 31 May which will determine what remedy to grant following the success of the judicial review. The remedies could include: quashing the warrant; ordering the return to the journalists of the documents seized by police; damages.

Index on Censorship magazine editor Rachael Jolley said: “We welcome the news that the Lord Chief Justice is minded to quash the warrants against Trevor Birney and Barry McCaffrey. This is a significant step to ensure that press freedom is protected. English PEN and Index argued in a submission to the court that the conduct carried out in this case to raid the journalists’ houses and carry away documents and items that were not even related to the documentary was likely to have the effect of intimidating journalists throughout Northern Ireland and further afield.”

English PEN Director Antonia Byatt said: “We are very encouraged by this latest development in the case against Northern Irish journalists Trevor Birney and Barry McCaffrey, following our joint intervention in the case against them last week. We hope very much that Friday’s hearing will bring more good news. It is crucial that freedom of the press in the UK is protected, especially in the light of Jeremy Hunt’s current campaign for global media freedom.”

Mackin of Phoenix Law, said: “This is a victory for press freedom and common sense. The protection of journalistic material and sources is one of the basic conditions for freedom of expression. If journalists and their sources cannot rely on confidentiality, they may decide not to exchange information on sensitive matters of public interest for fear of the consequences. As a result, the vital “public watchdog” role of the press will be undermined and the ability of the press to provide accurate and reliable reporting may be adversely affected. This is why the approach of the police in this case was so obviously wrong. The decision to grant a warrant to obtain information from journalists, without giving them an opportunity to comment, had the purpose or effect of intimidating journalists the world over. The international significance of this claim is reflected in our client’s intervention.”

Index on Censorship is a London-based non-profit organisation that publishes work by censored writers and artists and campaigns against censorship worldwide. Since its founding in 1972, Index on Censorship has published some of the greatest names in literature in its award-winning quarterly magazine, including Samuel Beckett, Nadine Gordimer, Mario Vargas Llosa, Arthur Miller and Kurt Vonnegut. It also has published some of the world’s best campaigning writers from Vaclav Havel to Elif Shafak. Contact: [email protected].

English PEN is a registered charity and membership organisation which campaigns in the United Kingdom and around the world to protect the freedom to share information and ideas through writing.PEN supports authors and journalists in the United Kingdom and internationally who are prosecuted, persecuted, detained, or imprisoned for exercising the right to freedom of expression. English PEN has a strong record of campaigning for legal reform throughout the United Kingdom.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1559659124565-535dd29e-e875-4″ taxonomies=”8996″][/vc_column][/vc_row]

Raids on two Northern Irish journalists’ homes had ‘inappropriate’ warrants, court says (The Guardian, 29/5/2019)

29 May 2019 | Index in the Press

Police inappropriately obtained search warrants to raid the homes of two Northern Irish investigative journalists, a court has concluded, in a case that has raised concerns about press freedom in the UK. Trevor Birney and Barry McCaffrey highlighted apparent collusion between the police and suspected murderers in the 1994 Loughinisland massacre, where six Catholic men were killed by masked Ulster Volunteer Force killers. Read in full.

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