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Free expression in the news

#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

CANADA
Censorship Can’t be Our Default Internet Setting
Who should decide what websites you can access online? The answer is obvious: You.
(Huffington Post)

CHINA
What a murder mystery reveals about Chinese censorship
At first glance, the only thing out of place in the photograph of a dim, dingy bedroom in Kabul, Afghanistan, released last week by Xinhua, China’s state-controlled news agency, is the giant fluorescent bulb hanging inexplicably below a gilded, five-branch chandelier. It is not: the room is a crime scene, the place where, this past Thursday, an attack left three Chinese nationals dead and two more people missing.
(The New Yorker)

How Censorship Hurts Chinese Internet Companies
Beijing’s block of Facebook, YouTube, and Twitter has allowed domestic equivalents to grow. But by shunning global markets, their long-term outlook is uncertain.
(The Atlantic)

INDIA
Indian court orders Facebook, Google to offer plans for protecting children
The New Delhi High Court has given Facebook and Google one month to submit suggestions on how minors can be protected online in India.
(Index on Censorship)

Freedom of Expression: Indians are Becoming Increasingly Intolerant
Instead of nurturing the spirit of debate, we have become aggressive, bigoted and abusive
(Forbes India)

TAIWAN
Censorship quietly flourishes amid outrage
Taiwan’s once-famously freewheeling press is becoming more reliant on China as cross-strait cultural and media exchanges grow
(Index on Censorship)

UKRAINE
TVA channel still off the air, censorship suspected
Nearly three weeks after local TVA channel was forced to suspend its broadcast, a group of 28 deputies from local councils of Chernivtsi Oblast asked the National Council on Television and Radio Broadcasting to intervene.
(Kyiv Post)

UNITED KINGDOM
Artificially inadequate: we should never let machines rule on censorship
One of the great irritations about freedom of speech is that the people who demand it most are the ones who deserve it least. The very worst, I reckon, are the oxygen thieves who demand complete freedom for themselves but try to silence others.
(TechRadar)

UNITED STATES
The Business of Financing Hate Groups: Legal to Censor, but Unwise
It’s so tempting to go for the easy answer. Credit card companies are private businesses. They generally have the right, including possibly the First Amendment right, to refuse to deal with anyone. (Exceptions might include a collusive financial blockade of any group, which could violate antitrust law, and of course there are anti-discrimination laws.) That should apply all the more to bigots, right?
(ACLU)

Strip Club Owner Brings Epic Free Speech Fight To The US Supreme Court
The owner of an Albany, N.Y. strip club called Nite Moves has hired one of America’s best free speech lawyers to help him convince the Supreme Court that taxes on lap dances should be illegal, The Daily Gazette reports.
(Business Insider)

In Taiwan, censorship quietly flourishes amid outrage

12 Aug 13 | Asia and Pacific, China, News and features, Politics and Society, Taiwan

Activists and civic groups march in Taipei in protest against the Want Want China Times Group’s planned acquisition of China Network Systems’s cable TV services in Sept 2012.
(Photo: Craig Ferguson / Demotix)

The connections between China and Taiwanese media owners has given rise to concerns, along with some evidence, that the industry is under growing pressure to curb reporting on topics detrimental to Chinese interests and cross-strait ties.

The capital, Taipei, erupted in protests when it became known that Tsai Eng-ming, a pro-Beijing businessman, attempted to wrest control of Taiwan’s largest newspaper, the Apple Daily, earlier this year. The attempt failed amid popular outrage. But conversations with several journalists suggest that Beijing continues to exert a quieter influence – involving self-censorship and lucrative business interests – in attempt to avoid further scrutiny.

This is perhaps most prominent at the China Times Group, a Taiwanese media conglomerate that Tsai purchased in 2008. Estimated to be worth up to US$10.6 billion, the snack manufacturer has since led its subsidiaries to become more China-friendly, accepting payment from Beijing in return for camouflaged advertising and one-sided reporting. His flagship daily, the China Times, has been fined multiple times by Taiwan’s media regulators for masquerading advertising as reporting.

“It happens far more frequently than most people realize,” said Lin Chao-yi, the former head of the Association of Taiwan Journalists, that uncovered one such example last year. After receiving a copy of a schedule detailing how a visit from a ranking Chinese official was to be covered, including pre-defined topics and article lengths, Lin then impersonated a China Times employee to ask the delegation how the paper was going to be compensated.

Caught on tape, the Chinese press officer replied that the payment would be wired to a China Times Group subsidiary in Beijing. But far from discouraging such deals from taking place again, Lin said that his report “just made them more careful.” Indeed, accepting Chinese money is not only lucrative business, but also allows the paper to stay on Beijing’s good graces – guaranteeing access from behind China’s Great Firewall – according to sources familiar with the relationship.

The China Times Group’s cosy relationship with Beijing has led some journalists working under its banner to become more aware of what might, and might not, be publishable. Speaking on the condition of anonymity, one China Times reporter said that, there is an “unspoken understanding” of what articles or reports might contradict the paper’s political viewpoint, including, for example, pieces critical of either Beijing or Taiwan’s China-friendly president, Ma Ying-jeou.

“In these cases, we might choose to just drop the subject, instead of choosing to pursue it further,” the reporter said, in words reminiscent of the self-censorship taking place elsewhere in the Chinese-speaking region.

But far from taking place only at the China Times Group, self-censorship is also seen as a necessity by other media groups keen on maintaining access to the Chinese market. Much of this has to do with Taiwan’s highly profitable entertainment industry that feeds thousands of hours of programming each year into local Chinese television channels. Produced by the same media groups that also run cable news stations, coverage of some politically sensitive topics, such as the Dalai Lama or the Falungong movement, are toned down to avoid antagonizing Beijing.

“China uses its vast market as a bargaining chip,” said Cheryl Lai, the former editor-in-chief of the state run Central News Agency, adding that most of this takes place secretly and away from public scrutiny. “They know that most of these media companies are in it for the money. All they have to do is threaten to cut it off.”

The trend towards greater Chinese influence in the media is reflective of the realization that its political objectives of unifying Taiwan, which it claims to be a breakaway province, can be achieved cheaper and more effectively through propaganda, rather than force. Instead of “spilling blood on Taiwan,” an old rallying call for conquering the island by force if necessary, Beijing has deemed it easier to “spill money on Taiwan,” said Lai, who has been writing on China’s growing political sway on the island.

The same trend can be seen elsewhere where China holds political interests, such as Hong Kong, where a large number of publications are ostensibly under its influence. The South China Morning Post, for example, has reportedly been hit by allegations of self-censorship after the appointment of new Editor-in-Chief Wang Xiangwei, a member of the Chinese People’s Political Consultative Congress, a Chinese government body.

In Taiwan, even as most media interests are controlled by large corporations, some with extensive business ties to China, there is, however also a realization that hard-fought press freedoms must be protected. More than 100,000 protestors, including students and reporters, rallied in defence of the Apple Daily during the failed purchase in January this year, with some groups vowing to raise the equivalent funds if it meant protecting the paper’s journalistic integrity.

All this is reason why Beijing is likely to continue and incubate its media influence behind the scenes, at least for now.

Free expression in the news

12 Aug 13 | In the News

AUSTRALIA
Party profile: The Pirate Party
The Pirate Party of Australia will be fielding eight Senate candidates at the upcoming federal election.
(World News Australia)

BAHRAIN
Teacher ‘should have faced trial’
An American kindergarten teacher, who was deported for having links with radical opposition groups, should have been put on trial, according to political societies.
(Gulf Daily News)

CHINA
Popular China bloggers should ‘promote virtues’
Chinese Internet celebrities have been told to “promote virtues” by a leading official, state media said Sunday, after a singer sparked a free speech debate by venting about bombing government offices.
(Yahoo)

GLOBAL
The Pirate Bay Launches Censorship-Dodging Web Browser
Notorious torrent-sharing site The Pirate Bay is 10 years old today, and they got you a little something. They launched PirateBrowser, a custom Firefox browser that skirts Internet censorship and lets you access the Pirate Bay from anywhere. We should at least send them a card or something.
(Geekosystem)

INDIA
Stand up for freedom of expression: Anand Patwardhan
Acclaimed documentary filmmaker AnandPatwardhan believes civil society groups in Gujarat must unite to defend the right to free expression, especially of oppressed sections.
(Times of India)

Freedom of Expression: Indians are Becoming Increasingly Intolerant
Instead of nurturing the spirit of debate, we have become aggressive, bigoted and abusive
(Forbes India)

RUSSIA
Russia asked by IOC about gay propaganda law
Mr Rogge said in Moscow that Russian written reassurances over the Winter Olympics in Sochi needed clarification. “We don’t think it is a fundamental issue, more a translation issue.”
(Radio New Zealand)

SOUTH AFRICA
Fear of offending betrays hard-won rights
When President Jacob Zuma and the ANC calls on “intellectuals” not to be “antagonistic”, it raises several questions, says Judith February and Richard Calland.
(St Kitts News)

ST KITTS
Press Freedom and Freedom of Information Act
Press freedom and Freedom of Information Act are like two wings on which transparency, accountability and openness in government rises to the needs of democracy and good governance.
(St Kitts News)

SWITZERLAND
The power of pictures
Swiss photographer Christian Lutz began a reportage on the International Christian Fellowship (ICF) more than two years ago after gaining explicit approval from the founder of the community, its managers and event organisers. But more than 20 legal complaints stopped the publication of Lutz’s book, In Jesus’ Name.
(Swiss Broadcasting Corporation)

UNITED STATES
‘Boobies,’ the courts and free speech
The courts must protect the rights of students to express themselves on social and political issues.
(Los Angeles Times)

Political signs are free speech, not a blight on suburban lawns
While many consider political signs ugly and annoying, they are free speech at its purest. In case after case, courts have struck down efforts to limit this most basic form of political speech. In 1994, the U.S. Supreme Court ruled unanimously in City of Ladue et al. v. Gilleo that curbs on political lawn signs were unconstitutional.
(Syracuse.com)

Free expression in the news

09 Aug 13 | In the News

CHINA
Fault Lines Laid Bare in Hong Kong
To her supporters, Alpais Lam Wai-sze, an award-winning primary schoolteacher who shouted obscenities at the Hong Kong police last month over their handling of a street dispute between a pro-Chinese Communist Party group and an anti-Communist group, is a free-speech heroine.
(The New York Times)

GAZA
Gazans Use Satire to Bypass
Political Censorship
Cynical television presenters such as Egyptian Bassem Youssef may soon no longer appear on Palestinian television outlets as a result of the increased censorship imposed on local media. Yet, this same censorship has stood helpless with the spread of sarcastic literature and media published on social networking sites.
(Al Monitor)

MEXICO
Mexico: self-censorship for survival
Journalists in Mexico are increasingly publishing their articles anonymously. Attaching your name to a report, an article or a picture is an obligation and a right. But doing so in Mexico can cost journalists their jobs or their lives. The biggest danger facing reporters there is not being hit by a stray bullet. No, the main peril is being murdered in order to silence and censor the media.
(Radio Netherlands)

PAKISTAN
Pakistani artists challenging YouTube ban
YouTube is a source of entertainment and news for billions around the world, but Pakistanis have lost access to the video site for almost a year after clips of the controversial film “Innocence of Muslims” prompted a government ban.
(CNN)

SINGAPORE
Singapore: End ‘Scandalizing the Judiciary’ Prosecutions
Singapore’s Attorney General’s Chambers should cease using contempt of court charges to muzzle critics of the judiciary.
(HRW)

TURKEY
Singapore: End ‘Scandalizing the Judiciary’ Prosecutions
Singapore’s Attorney General’s Chambers should cease using contempt of court charges to muzzle critics of the judiciary.
(HRW)

UNITED STATES
The more nefarious US foreign policy, the more it relies on media complicity
Americans are shielded from the ugly consequences of US military power by our journalists’ self-censorship
(The Guardian)

National Park Service’s First Amendment Violations Covered Up by Hometown Paper
During the Saint Augustine Tea Party’s month-long saga of standing up for Free Speech, the Right of Assembly and the American way, the local print newspaper, The St Augustine Record, remained elusive and nowhere to be found.
(Examiner.com)

States take aim at sex-ad websites, but run into resistance
A two-word change proposed to one of the nation’s first online laws has triggered a battle between law enforcement and Internet libertarians.
(The Free Press)

The Military and democracy – Turkey and Egypt both getting it wrong

07 Aug 13 | Egypt, News and features, Politics and Society, Religion and Culture, Turkey, Turkey Statements

Turkish Prime Minister Recep Tayyip Erdogan (Photo: Philip Janek / Demotix)

While Turkey this week jailed its former Chief of Staff, General Ilker Basbug, in Egypt, General Sisi’s popularity is still riding high following the army’s ousting of President Morsi.

Yet the mass prosecutions and heavy sentencing under the so-called Ergenekon case in Turkey do not simply show a welcome assertion of civilian over military power. Nor does the military’s role in Egypt constitute what US secretary of state John Kerry rather remarkably referred to a week ago as “restoring democracy” – contradicted this week by John McCain for the first time calling the coup a coup.

Both Turkey and Egypt have failed so far to find a way to reconcile democracy, Islam, and the role of the military. And while a big segment of the Egyptian population is now rashly putting its faith in its army to lead it to a fully functioning pluralist democracy, Turkey’s recent past shows precisely why that might result in modernisation but not democracy.

Yet the recent protests in both countries also show that majoritarian democracy, without respect for the rule of law, human rights, and media freedom, will not lead to a fair, open and stable democratic system either. Where Turkey was once seen as the poster boy for democracy in a Muslim majority country, that picture is now truly tarnished. But the route via military power will never make a good alternative model.

The Military and Kemalism

Turkey for decades followed a path – led by its military and various Kemalist and secularist supporters – of modernisation and westernisation, a sort of quasi-democracy with the military there as a ‘guard rail’ against Islamists and other ‘enemies’ of the state. This army-protected approach did little to propel democracy though it led to some substantial economic and social modernisation especially in the west of Turkey (though its neglect of the smaller businesses of central Anatolia was one part of Erdogan’s remarkable success when he swept to power in 2002).

But, without proper political accountability or a genuinely independent judiciary and free media, corruption and the ‘deep state’ grew and prospered in Turkey tying together a range of unlikely bedfellows, while labelling as dangerous enemies a range of people from Islamists to Kurds, leftists and Alevis with civil society, academics and independent journalists seen as at best deeply suspicious too.

Turkey’s last military coup was in 1980 but the so-called ‘soft coup’ of 1997 pushed the Justice and Development Party (AKP)’s predecessor out of power. Frustrated and oppressed by military-backed politics, when Erdogan’s Islamist-leaning AKP came into power in 2002, many liberals welcomed it as heralding and introducing major steps forward in starting to create a genuinely pluralist democracy, one that would respect minorities, seriously tackle Turkey’s appalling record of torture, and open up the prospect of finally replacing the 1982 military-imposed constitution.

The nationalist-secularist deep state was less impressed fearing underlying Islamist intentions. But attempts at an ‘e-coup’ in 2007 (through military expressed disapproval of the Erdogan government) to the attempted banning of the AKP in the ‘judicial coup’ of the following year failed. And so over his eleven years in power, Erdogan has asserted increasing civilian control over the military.

But the over-reach in the Ergenekon trials, with a wide range of observers criticising the politicisation of the prosecution, lack of due process, and the severity of the sentencing, some labelling it a witch hunt, suggest a process more of political revenge or what commentator Cengiz Candar labels “civilian authoritarianism” rather than a democratic breakthrough. With only 21 acquitted from 275 defendants, in a very wide set of charges around terrorism and coup plots, the Ergenekon sentences mark a moment of deepening political division in Turkey. The draconian nature of the sentences against several journalists and writers have been severely criticised by Dunja Mijatovic, the OSCE’s freedom of the media representative and condemned by the Association of European Journalists.

As this more authoritarian Turkish democracy has developed over the last five years, Turkey’s media has become ever less independent, ever more crushed or complicit – with more journalists in jail than in China and Iran, and sacking of columnists and editors rife even before the surge in dismissals that followed the recent Gezi Park protests and the Ergenekon imprisonments.

Nor has Erdogan stopped at media pressure and control. Turkey has a weak record on internet freedom too. The European Court of Human Rights ruled in May this year that Turkey’s blanket blocking of sites violated freedom of expression – a ruling that will doubtless not have impressed Erdogan and his ministers who were so outraged by free speech on Twitter and other social media during the recent protests.

But it would be hard to argue that Turkey would be better off today if it reverted to its old, failed ways of military coups and a corrupt, elitist deep state. Turkey needs a truly independent, impartial and honest judiciary, a free, strong media to hold politicians to account, a free and open internet. And it also needs healthy dynamic opposition parties too. Yet the recent mass protests showed only too clearly that the stumbling Republican People’s Party (CHP) has still failed to find a convincing modern democratic voice, even as Erdogan has shifted from progressive to more authoritarian ways. The masses of protesters – looking for a more genuine, pluralist democracy – still lack serious political parties to work through.

It is a vicious circle – as the lack of dynamic opposition parties interacts with the ever crumbling, no longer independent media, government over-reach and the failure to introduce a modern constitution respecting human rights, free speech, and an independent judiciary.

Any Lessons for Egypt?

It is this sort of majoritarianism democracy, but worse, that Egypt has now supplanted with its own protest-backed military coup. Morsi’s government had lurched into an authoritarianism that went a long way beyond where Erdogan has taken Turkey. Where Erdogan failed to introduce a new constitution, Morsi rammed one through that undermined any hopes of establishing a genuine pluralist democracy with full respect for human rights for all.

But the omens for Egypt’s coup as a pro-democracy move are not good. The military have moved rapidly to restore in full public sight various secret police groups. Muslim Brotherhood politicians, including Morsi, are in jail, protesters have been shot and killed – often in the head or chest in what many have called a massacre. And media are being watched, with those sympathetic to the Muslim Brotherhood closed down or censored. This week 75 judges were questioned about their political sympathies for the Brotherhood – a step the Turkish deep state would have only applauded and concurred with. The so-called Third Square movement, attempting to create support for a new democratic path that supports neither military nor Morsi, is so far small compared to the other two camps.

The US, EU and Arab diplomats are now stepping in urgently – attempting to stop a lurch into indefinite and widespread violence, and to stop further killings as the Egyptian authorities threaten to close down the two Brotherhood protest camps in Cairo. But today disturbingly the interim presidency said these efforts have failed – more violence may well loom.

The same challenge

In the end both Turkey and Egypt face the same challenge: how to get to a fully functioning democracy, with rights for all not just the majority. It cannot be done through military coups, violence and military-backed modernisation. It cannot be done through street protests alone. And where Erdogan’s AKP in 2002 showed a possible way ahead, that model now lies in tatters as Erdogan has shed his progressive mantle.

Yet the tools and the vital steps are not a mystery; they include a free and independent media, full respect for human rights, an independent judiciary, and a vibrant set of political parties. The political challenge is how to create and defend those tools; that is the big task for progressive civil society and for genuinely democratic politicians in both countries – and for their supporters in other countries.