Azerbaijan’s photographers: Facing arrest for capturing the raw truth

In the run up to today’s Azerbaijani presidential election, we publish an article and photographs from Index on Censorship magazine showing how the authorities have cracked down on journalists, activists and artists that criticize the government. These stories of the risks journalist and photographers face show how far the regime will go to silence its critics including intimidation and prison sentences. Writers Rasul Jafarov and Rebecca Vincent document the stories of some of the country’s courageous photojournalists, who have documented what life is really like under President Ilham Aliyev.

“In authoritarian regimes, art can serve as a powerful means of expressing criticism and dissent, subverting traditional means of censorship. Photography is particularly telling, capturing the raw truth and making it difficult for even seasoned propagandists to refute. These photographs, from Abbas Atilay, Shahla Sultanova, Mehman Huseynov, Aziz Karimov, Ahmed Muxtar and Jahangir Yusif, show a side of the capital Baku that contrasts sharply with the sleek, glossy image President Ilham Aliyev’s government seeks to portray. They expose an authoritarian regime prepared to arrest those who document protests and criticism — journalists, human rights defenders, civic and political activists and even ordinary citizens.

But those who embrace subjects others prefer to avoid, exposing unsavoury truths the Azerbaijani authorities would prefer to keep hidden — such as corruption and human rights abuses — do so at significant personal risk and hardship.

As journalists, they face intimidation, harassment, threats, blackmail, attacks and imprisonment in connection with their work, which is seen as direct criticism of the authorities. As artists, they face economic hardship and restrictions on where they can display and disseminate their work.

Most of these images were taken during unsanctioned protests in Baku. Photographers face particular hazards when covering protests in Azerbaijan, as not only can they be injured in the general chaos, but they can also be singled out because of their work. The Institute for Reporters’ Freedom and Safety reports that so far in 2013 there have been 17 attacks against journalists and photographers covering protests.

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Narimanov Park, Baku, 15 May 2010. Police forcibly detain a political activist during an unsanctioned protest. Photograph by Abbas Atilay

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Fountain Square, Baku, 10 March 2013. A political activist during an unsanctioned demonstration protesting the deaths of military conscripts in non-combat situations. Authorities used excessive force to disperse the peaceful protest and detained more than 100 people. Photograph by Jahangir Yusif

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Sabir Park, Baku, 11 March 2011. During an unsanctioned political protest
in the wake of the Arab Spring, a police officer encourages journalists to take his photo. This was a rare move, which the photographer believes was intended to distract photographers from other aspects of the protest, such as police physically restraining protesters. Photograph by Mehman Huseynov

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Shamsi Badalbayli Street, Baku, 2 April 2012. A resident is forcibly evicted from the area where the Winter Garden will be constructed. Approximately 300 complaints have been sent to the European Court of Human Rights related to forced evictions from this area. Photograph by Ahmed Muxtar

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Fountain Square, Baku, 20 October 2012. Police detain a young opposition activist during an unsanctioned protest calling for parliament to be dissolved after a video was released showing an MP discussing the sale of parliamentary seats. Dozens of activists were detained during that protest. Photograph by Aziz Karimov

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Hijab ban, 5 October 2013. Photograph by Aziz Karimov

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Investigative journalist Khadija Ismayilova confronts police. Photograph by Mehman Huseynov

Nevreste Ibrahomova, head of Azerbaijan Islamic Party's Women Council, holds the photo of an arrested Azerbaijani Islamist and chants freedom to him. Photograph by Shahla Sultan

Nevreste Ibrahomova, head of Azerbaijan Islamic Party’s Women Council, holds the photo of an arrested Azerbaijani Islamist and chants freedom to him. Photograph by Shahla Sultanova

Photographers also face arrest and protracted legal action as a result of their work. Mehman Huseynov faces up to five years in prison on politically motivated hooliganism charges stemming from an altercation with a police officer during protests ahead of the Eurovision Song Contest in May 2012. The photographers featured in this story are among the few courageous individuals in Azerbaijan who remain willing to take on the risks associated with this work. They need international support and protection before they, too, become the subjects rather than the artists.”

Rasul Jafarov  is the chairman of the Human Rights Club and project coordinator of the Art for Democracy Campaign. Rebecca Vincent  is Art for Democracy’s advocacy director. She writes regularly on human rights issues in Azerbaijan

To find out more about the magazine and for subscription options, and read more about stories from the issue click here. These photographers will be part of an exhibition in London this winter. For more details, follow @art4democracy Join us to launch of Index on Censorship’s autumn issue on 15 October. To register for the event, click here.

Putin’s cold calculation on Arctic drilling

Press briefing after the talks between Putin and Merkel - BerlinThe Arctic Sunrise scandal began on 18 September, when Greenpeace activists reached Russia’s state gas giant Gazprom oil rig Prirazlomnaya. The Arctic Sunrise crew consisted of 28 activists from 18 different countries, including New Zealand, Australia, United Kingdom, Russia, France, Italy, Canada and Argentina, and two journalists – Russian photographer Denis Sinyakov and British videographer Kieron Bryan. Captain Peter Willcox was skipper of Greenpeace’s legendary “Rainbow Warrior” – a ship on which Greenpeace activists protested against testing nuclear weapons in late 1980s.

The activists lowered dinghies trying to disembark to the oil rig to hang out a banner, criticising petroleum production in the Arctic, but were seized by Russian frontier guards, “Arctic Sunrise” towed to Murmansk and its crew members arrested.

All thirty Greenpeace activists from “Arctic Sunrise” ship have face charges of piracy in Russian city of Murmansk – a criminal article which stipulates up to 15 years in jail.

The activists deny the charges and have been refusing to give evidence since their very arrest.

Vladimir Putin commented:

“I do not know the details of what happened, but they are definitely not pirates. But formally they tried to siege the rig, and our law enforcement authorities, our frontier guards  didn’t know, who was trying to seize this rig under the name of Greenpeace – in the context of events in Kenya this could be anything,”

One could not perceive Russian president’s words unambiguously. On the one hand, he made it clear Greenpeace activists were not pirates, and his words have always been an indirect order for Russian courts. On the other hand, he did actually compare Greenpeace with terrorists.

Gennady Lyubin , executive director of Gazprom Schelf Neft – the owner of Prirazlomnaya –insists that Greenpeace members’ actions could have led to “unpredictable and even tragical consequences” and says that Prirazlomnaya is absolutely safe.

Russian journalists have stood up for their colleague Denis Sinyakov and his colleagues from Greenpeace.

They held pickets near Russian Investigative Committee headquarters in Moscow. Leading online media illustrated their articles with black squares instead of photographs.

Greenpeace, famous for its remarkable, yet always peaceful protests against threats to nature, have noted that “Arctic Sunrise” crew didn’t do any harm to anyone, nor did it try to take possessions.

What was happening should have been quite obvious for Russian authorities, including Vladimir Putin; it’s not the first time Greenpeace has protested against Gazprom’s petroleum production in the Arctic.

Early in September 20 Greenpeace activists wearing polar bear costumes blocked the entrance of Gazprom’s headquarters in Moscow. In late August six mountain climbers, including Greenpeace executive director Kumi Naidoo, climbed onto the Prirazlomnaya and managed to stay on its sheer wall for 15 hours. The activists said the rig’s workers poured cold water on them and threw metal objects at them.

That time they managed to avoid criminal prosecution.

Greenpeace activists also disrupted a football game between Swiss club Bazel and Gazprom-sponsored Schalke-04 for about five minutes by unfurling a gigantic banner saying “Gazprom. Don’t foul the Arctic”.

The Greenpeace Save the Arctic campaign was launched in June 2013. According to the the petition against offshore drilling in the has already been signed by almost four million people.

Has “Arctic Sunrise” crew manage to bring more world’s attention to the issue?

It seems Vladimir Putin and his team – intentionally or not – managed to change the subject from the threatened Arctic ecology to Russia’s repressive attitude towards any kinds of civil activism. The paradox is that Greenpeace has became a part of this focus shifting, now having to raise the alarm more as human rights advocates than ecologists.

However, the important question is whether such focus shifting is accidental.

Vladimir Putin is used to his reputation  as someone who doesn’t exactly stick to the letter of the European Convention on Human Rights. But never has he shown the signs of being ready to give up any of his and his fellow oligarchs’ commercial interests. The Arctic Sunrise case is another example.

This article was originally published on 9 Oct 2013 at indexoncensorship.org

Five things Aliyev doesn’t want you to know about Azerbaijan’s presidential election

Demotix - PanARMENIAN Photo

Looking forward to another election win. (Photo: PanArmenian / Demotix)

Tomorrow, on 9 October, Azerbaijan will hold a presidential election, with incumbent President Ilham Aliyev seeking a third term in office. Although the government and its supporters have been working hard to promote a positive image of Azerbaijan abroad, at home, they continue to crack down on citizens’ ability to exercise their basic rights and fundamental freedoms, in an apparent effort to silence all voices of criticism and dissent.

Despite superficial efforts to make the election look like a serious competition – for example, by registering a staggering 10 candidates – there is not an even playing field for all candidates. The only candidate widely agreed to be independent, united opposition candidate Jamil Hasanli, is fighting an uphill battle with limited resources against a powerful incumbent with the full resources of an oil-rich state behind him.

Below, I examine five of the main underlying issues presenting challenges to the fair and free conduct of this election, unsavoury truths that the authorities would rather not be included in reporting on this election. As a result of these and other issues, regardless of what now happens on election day, the chances of a democratic election have effectively been eliminated. The underlying climate has simply not allowed for a fair competition.

1. There are 142 people locked up for political reasons in Azerbaijan

At a press conference in Brussels in June, President Aliyev stated: “None of my political opponents is in prison. There are no political prisoners in Azerbaijan”. These claims simply are not true. A new list from the Baku-based Human Rights Club outlines 142 current cases of politically motivated detention and imprisonment in Azerbaijan. These include journalists, bloggers, human rights defenders, civic and political activists, religious followers, and ordinary citizens, many of whom were targeted for exercising their fundamental rights to freedom of expression, assembly, and association.

One of Azerbaijan’s political prisoners is the Republican Alternative (REAL) movement’s would-be presidential candidate, Ilgar Mammadov, who has been detained since February. After visiting the region of Ismayilli to investigate on-going protests, he was then charged with inciting violent protest, and faces up to 12 years in prison if convicted. Although REAL was able to gather the more than 40,000 signatures required to register a presidential candidate, the Central Election Commission declared some of the signatures invalid and refused to register Mammadov’s candidacy.

2. Aliyev has gotten far greater media coverage in the country than any of his opponents

Azerbaijan’s state-controlled broadcast media rarely shows opposition figures. Out of Azerbaijan’s nine national television stations, three are directly owned by the state, five are privately owned but controlled by the state, and the public service broadcaster, Ictimai, is failing to fulfil its role as a public service broadcaster as it does not provide balanced and varied programming. In contrast to the hours of television coverage incumbent President Aliyev receives every day throughout the year, the other presidential candidates have received only 18 minutes of airtime each week for the three weeks of the campaign period.

Three independent media outlets which have been relegated to the Internet since a 2009 ban took them off the air – the Azerbaijani services of the BBC, Radio Free Europe/Radio Liberty, and Voice of America – have been accused by the Central Election Commission of being in “propaganda mode” during the campaign period – presumably for daring to cover the opposition’s campaign activities, and not just the president’s.

3. The opposition is challenging Aliyev’s right to run for a third term

This is perhaps the most significant factor making this election stand out from previous elections in Azerbaijan, and may account for the unprecedented crackdown in the run-up to the election: the opposition claims that Aliyev does not have the constitutional right to run for a third term in office. The united opposition candidate, Jamil Hasanli, has filed a legal appeal in this regard, which will be examined by the Baku Court of Appeals today.

What is the basis of this appeal? When Aliyev came to power in 2003, and when he was re-elected in 2008, there was a two-term limit on the Azerbaijani presidency. This limit was removed through a Constitutional referendum in 2009. Hasanli and his supporters argue, however, that the changes do not apply retroactively to Aliyev, but should apply instead to his successor, meaning he does not have the right to run for a third term.

Further, University of Sydney Professor Wojciech Sadurski issued a legal opinion arguing that Azerbaijan’s removal of the term limitation was done in an undemocratic manner, contrary to the principles of openness and transparency. Sadurski considered this action to be a breach of the European Convention on Human Rights, to which Azerbaijan is party.

4. Azerbaijan has not had a fair and free election since Aliyev came to power

Including the election that brought Ilham Aliyev to power in 2003, Azerbaijan has held two presidential elections and two parliamentary elections in the past 10 years. All fell far short of meeting international standards for democratic elections, largely due to restrictions of freedom of expression and assembly in the pre-election period, resulting in a lack of robust competition and vibrant political discourse.

The Azerbaijani government seems intent on repeating its past mistakes with this election. The most recent interim report issued by the OSCE/ODIHR’s election observation mission highlighted similar problems to previous election periods, noting that the campaign period “has been marred by some reported incidents of intimidation of family members of political figures.” The report also concludes that “the campaign has lacked substantive debate and has focused on personality rather than concrete political platform” and states “the incumbent President received a much greater amount of coverage in news programmes on television in comparison to other political actors.”

5. Azerbaijan is failing to fulfil its human rights obligations with all major international bodies

The fact that Azerbaijan is failing to fulfil its human rights obligations with the Council of Europe, the OSCE, and the United Nations (UN), and its human rights agreements with the European Union, is the elephant in the room, both in the context of this election and in broader international relations with Azerbaijan.

The pattern of systematic and widespread violations of human rights by the Azerbaijani authorities is well documented. Just last week, three UN special mandates, the OSCE Representative on Freedom of the Media, and the Council of Europe Human Rights Commissioner all spoke out with concerns related to human rights violations in the pre-election period.

Despite this knowledge, the political leadership of these bodies and their member states remain reluctant to seriously address these shortcomings. As a result, the Azerbaijani authorities continue to act with impunity, certain that their failure to implement their human rights commitments will not result in serious consequences for other areas of their bilateral and multilateral relations. How then can they be expected to behave differently in this election period?

But rather than write off this election – as some international media outlets have already done, pre-emptively declaring another victory for Aliyev – the international community must take note of what happens and take a stand. International observers must report accurately and fully on the election, and the government must be held accountable for shortcomings through the full political weight of the organizations behind the reports and their individual member states. Azerbaijan cannot continue to be treated as a privileged member of the international democratic community without the credentials to back it up.

And most importantly, the international community must sustain attention to Azerbaijan well beyond the election period. Local journalists, human rights defenders, and activists fear a post-election crackdown even harsher than what occurred in the run-up to the election. If these remaining few critical voices are successfully silenced, then many more elections in Azerbaijan will follow suit as foregone conclusions.

This article was originally published on 8 Oct 2013 at indexoncensorship.org

 

Obama and Harper — Modes of Support for Fossil Fuel Development

(Photo Illustration: Shutterstock)

(Photo Illustration: Shutterstock)

The continuing advance of climate science, as reflected in the Intergovernmental Panel on Climate Change’s recently released Fifth Assessment Report, points ever more strongly to the need for an expedited phase-out of carbon emissions from fossil fuels. Only a fundamental transformation of the current energy system during the coming decades may make it possible to avert disastrous impacts of global climatic disruption.

Carrying out such a transformation would be a political, economic, and technological challenge under the best of circumstances. But it is made especially difficult by corporate and ideologically driven opposition — most notably, by pressure from fossil fuel production interests to protect their strategic position and set the terms for government policymaking.

The United States and Canada exemplify the power of the dominant energy interests. The governments of both countries strongly support the expansion of domestic fossil energy extraction, production, and export. But the collision between climate science and energy politics, and threats to freedom of communication, are playing out differently in the two countries.

With the Harper government in Canada, for years we have witnessed an ongoing repression of climate and environmental science communication by government scientists, along with systematic cutbacks of environmental research and data collection. “Harper’s attack on science: No science, no evidence, no truth, no democracy“, an excellent review and discussion in the May 2013 issue of the Canadian journal Academic Matters, itemized a series of moves by the Harper government to control or prevent the free flow of scientific information across Canada, particularly when that information highlights the undesirable consequences of industrial development. The free flow of information is controlled in two ways: through the muzzling of scientists who might communicate scientific information, and through the elimination of research programs that might participate in the creation of scientific information or evidence.

It appears that the issues on which government scientists are subjected to the tightest political control of communications include climate change, the Alberta tar sands, the oil and gas industry, and Arctic wildlife. In other words, issues on which free communication of scientific evidence could pose problems for corporate energy development interests.

The situation in Canada has driven government scientists to hold public protest rallies twice in the last year. In September, rallies in major city centers and on university campuses were held across the country.

“It isn’t the way science is supposed to be. It’s not the way science used to be, the way I remember it in the federal government,” IPCC vice-chair and retired Environment Canada scientist John Stone told The Guardian.

So the Harper government can be said to be following in the footsteps — even surpassing — the record of the former Bush-Cheney administration in the U.S., whose alignment with energy industry interests led them to misrepresent climate science intelligence and impede forthright communication by federal climate scientists.

In the U.S., the Obama administration presents a complex picture that differs from Canada in significant ways, but also suggests the problematic nature of government support for expanded fossil energy extraction and production. The administration appears susceptible to industry pressure aimed at playing down the environmental and societal consequences of fossil energy resource extraction and use.

After several years of near-silence on climate change at the highest levels of U.S. political leadership, in June President Obama finally gave a major public address on climate change (the first by an American president) and laid out a multifaceted Climate Action Plan. The plan focuses on actions that can be taken by the White House and Executive Branch in the absence of action by a Congress that is tied in knots, largely subservient to corporate energy interests, and with much of the Republican Party aligned with the global warming denial machine.

Under Obama, we see a more straightforward acknowledgement of climate science and assessments by the most credible experts, and more straightforward communication on climate by federal research agencies. The forthcoming National Climate Assessment, scheduled for release next spring, will address the implications of climatic disruption for the U.S., across geographical regions and socioeconomic and resource sectors (public health, water resources, food production, coastal zones, and so forth). The importance of national assessments for public discourse was underscored when the Bush administration, in collusion with nongovernmental global warming denialists, suppressed official use of and references to the first National Climate Assessment, which had been completed in 2000.

Yet, despite the numerous constructive action items in Obama’s Climate Action Plan, there appears to be a contradiction at the heart of Obama’s policy, as indicated by the administration’s adoption of what they call an ‘all of the above’ approach to energy development. Obama points to increased U.S. fossil energy extraction as a major accomplishment. U.S. energy development includes ‘mountaintop removal’ coal mining in Appalachia, large-scale coal strip-mining on public lands in the West, and increased coal exports; deepwater drilling for oil in the Gulf of Mexico, even in the wake of the BP oil blowout disaster in 2010, and quite possibly drilling in the Arctic Ocean off the coast of Alaska; and a dramatic increase during the past five years in natural gas production using directional drilling technology and hydraulic fracturing of shale deposits that cover a number of large areas across the country.

Natural gas from ‘fracking’ appears to be an essential component of the administration’s climate policy, i.e., relying on the ongoing trend of substitution of natural gas for coal in power plants in order to meet a 2020 goal for reducing U.S. carbon emissions. The Department of the Interior has proposed to open 600 million acres of public land to fracking. But fracking is controversial, raising concerns about contamination of drinking water in affected areas by chemicals used in fracking, large-scale use of water in drilling, air pollution, leaking methane greenhouse gas emissions, and industrial degradation of rural landscapes. Environmental groups have protested at the White House, calling for a moratorium on fracking on public lands.

There are sIgns that the administration may be allowing political pressure from the natural gas industry to compromise investigations by the Environmental Protection Agency into fracking contamination incidents. The EPA has pulled back from several high-profile investigations in a manner that raises questions about whether this indicates a pattern of failure to act on scientific evidence. When the EPA’s scientists found evidence that fracking was contaminating water supplies, the EPA stopped or slowed down their work in in Pennsylvania, Texas, and Wyoming.

“Not only does this pattern of behavior leave impacted residents in the lurch, but it raises important questions as to whether the agency is caving to pressure from industry, antagonistic members of Congress and/or other outside sources,” Kate Sinding at the Natural Resources Defense Council notes. “This trend also calls into serious question the agency’s commitment to conducting an impartial, comprehensive assessment of the risks fracking presents to drinking water—a first-of-its-kind study that is now in its fourth year, with initial results now promised in 2014.” The EPA recently announced that it has delayed the expected final date of this study until 2016 — Obama’s eighth and final year in office. Meanwhile, industry continues to create a fait accompli of radically expanded fracking operations.

Obama has adopted a forward-looking position on climate change. But his ‘all of the above’ energy policy, and particularly his full-speed-ahead support for shale gas fracking, raises the question of whether politics is impeding freedom of communication by government experts — and whether the EPA is thereby being impeded in doing its job of protecting the public against the environmental dangers of fossil fuel development.

This article was originally published on 8 Oct 2013 at indexoncensorship.org

Index on Censorship calls for new transparent discussions on press regulation

In response to reports that the UK newspaper industry’s Royal Charter proposal will be rejected tomorrow,  Index on Censorship Chief Executive Kirsty Hughes said today:

Unconfirmed reports that the Privy Council will reject the newspaper industry’s royal charter proposal should not mean that the political party proposal for a regulator will be waved through. A truly independent self regulator should not be created by politicians. Now is the time to open transparent discussions with the aim of creating genuine independent self-regulation that will ensure the protection of free speech in the UK.”

Since the start of the Leveson Inquiry into UK press standards, Index has warned that there should be no political interference in determining the characteristics or establishment of a press regulator. Establishing press regulation by Royal Charter could allow politicians to meddle in press regulation and threaten media freedom in the UK.

Ban art that targets far right, says Hungarian ambassador

A poster from Marika Schmiedt's exhibition Thoughts are free.

A poster from Marika Schmiedt’s exhibition Thoughts Are Free

The Hungarian Ambassador to Austria has called for the cancellation of a “racist” and “anti-Hungarian” art exhibition which opened yesterday in the Austrian city of Linz.

Thoughts Are Free, the exhibition by Roma artist Marika Schmiedt, features posters highlighting the plight of Roma people in Europe today. Several pieces draw parallels between the Nazis and Hungary’s far-right Jobbik party, whose views on the country’s Roma population have been well documented. In one poster, Hungarian Prime Minister Viktor Orbán from the Fidesz party is pictured on the label of “Natural Smoked Gypsy Cooked Salami” next to a Jobbik logo.

Ambassador Vince Szalay-Bobrovniczky labelled the exhibition: “a cheap provocation, openly racist and hostile against Hungary, and in violation of European values ​​and the dignity of minorities, especially the Roma,” reported the Hungarian news agency MTI.

The Ambassador also took issue with it being located in Linz City Hall, stating that that the “socialist Linz city administration” will not back out of the “discrimination filled” project due to the artist’s political and ideological ties.

He contacted both Mayor Franz Dobuschs and Austrian President Heinz Fischer demanding that the exhibition be cancelled.

Image Marika Schmiedt

Image Marika Schmiedt

Image Marika Schmiedt

Image Marika Schmiedt

Linz City Hall has also been inundated with hundreds of emails from angry Hungarians, seemingly led by the Salzburg Hungarian Club, which, in May, invited Jobbik politician Tamás Sneider to speak.

This is not the first time Thoughts Are Free has caused controversy. When the posters were first exhibited at a construction site fence in Linz last November, the Austrian police removed them following complaints lodged by Hungarians.

Mayor Dobuschs however, did not budge: “Criticism and escalation is a legitimate method in a democracy,” he said in a reply to Szalay-Bobrovniczky. “We therefore stand by the artist who will receive a public forum at City Hall”.

The exhibition opening took place yesterday as planned, with police protection. Schmiedt told Index it was very well attended.

She added: “Maybe I might also dedicate a graphic to the ambassador?”

Egypt borrows a page from China’s media strategy

Image Adham Khorshed/Demotix

Image Adham Khorshed/Demotix

Egypt and China have always ranked poorly on press freedom.  In 2013, Egypt ranked 158th while China ranked 173rd out of 178 nations in Reporters Without Borders Press Freedom Index. In recent months, a government crackdown on free expression in the two countries has shown disturbing similarities with repressive tactics used by the two regimes to silence dissent being invariably the same.

On a recent trip to Beijing, I was struck by how the authorities in both Egypt and China persistently use the media to serve their own interests and to tighten their grip on power. In both countries, opinion leaders, rights activists and critics who challenge those in power are perceived as “a national threat” and often become targets of intimidation, physical assaults, detention and sometimes, even death. The predicament of some journalists and bloggers in the two countries serves as a chilling reminder of the hazards media workers are subjected to as they strive to tell the story.

Thanks to heavy internet censorship in China — including the blacklisting of a host of foreign websites — the country has been described by free speech advocates as “a world leader in repression of the internet”. A  draconian campaign against online “rumourmongers” has recently fuelled fears of even tighter government control on social media and online expression and increased self-censorship in China.

The so-called “anti rumour” campaign unveiled on 9 September allows Chinese authorities to arrest and jail internet users accused of “spreading false rumours” for up to three years. The ruling applies to internet activists who deliberately post what the government perceives as “false information” which is then shared by at least 500 others or is viewed at least 5,000 times. Critics warn the campaign will give the government an excuse to crush rights activists, bloggers and independent news providers who challenge the authorities or report abuses by the government as well as those demanding greater freedom and democracy.

In a widening crackdown on free expression in recent weeks , China has seen sweeping arrests of government critics, rights activists and opinion leaders accused of “disturbing public order”. While many of them remain in custody, 16-year-old Yang Hui–a school student who had been among the first group of bloggers jailed on charges of “spreading online rumours”– was released late September after spending a week behind bars in Gansu province. He remains under police surveillance however, and has been prohibited from speaking publicly. Yang was detained after questioning an investigation into the death of a man whose body had been found outside a karaoke club. Police had claimed that the man had fallen to his death from the building and had closed the case, but Yang insisted that the case should have been probed further. Moreover, he had posted comments daring the authorities to arrest him.

Repressive measures to silence dissent are not peculiar to the Chinese government. In recent days, a leaked video posted by activists on YouTube has shown Egyptian military generals discussing plans for a media clampdown similar to that imposed by the Chinese authorities . The footage — which appears to have been shot some months before Islamist President Mohamed Morsi was toppled: The video shows officers wearing winter uniforms — shows Defense Minister Abdel Fattah El Sissi addressing the officers . The recording starts with a senior officer urging El Sissi to re-establish red lines for the media and find new ways of “neutralizing media outlets”. He also calls on El Sissi to engage with owners of media outlets directly. “There are twenty to twenty five people controlling the media in Egypt, ” the senior officer notes. “We could either win them over or terrorize them”, he adds. El Sissi jokingly responds that he knows how to win them over but asks how he could possibly terrorize them?

That however does not rule out plans by the military generals to control the media. El Sissi acknowleges in the video that “we have been concerned with controlling the media” since the army took over power in February 2011. He goes on to affirm that the military was working on doing so and was achieving positive results but “we are yet to achieve what we want”, he says.

Since Morsi’s ouster, the tone of Egyptian media has shifted, reflecting the interests of those now in power. Print journalists and TV talk show hosts have persistently cheered on the powerful armed forces as “the guardians of the revolution” while demonizing the Muslim Brotherhood as a ” terrorist organization”.

Meanwhile, the military-backed interim government has cracked down on journalists covering the anti coup protests. In recent weeks, several journalists have reported harassment by police and soldiers including physical assaults, molestation, confiscation of their equipment and detentions. Worse still, journalists at the frontlines are getting caught in the crossfire. Mick Deane, a British Sky News cameraman, was shot and killed while covering the violent breakup of a pro- Morsi protest camp in Cairo in August. Egyptian Journalist Habiba Ahmed Abd Elaziz was also shot dead near the Rabaah al-Adawiya mosque in Cairo the very same day as security forces moved in on the pro- Morsi sit-in demanding the reinstatement of the toppled Islamist President. Abu Dra’aa , a Sinai-based journalist working with the independent Al Masry El Youm recently faced a military tribunal for a post on his Facebook wall suggesting that the military was misinforming the public about its offensive in Sinai. He was handed a six month suspended jail sentence. A number of other journalists including several working for Al Jazeera (which has been accused of being biased towards the Muslim Brotherhood) remain in custody. Several pro- Muslim Brotherhood channels (including Al Jazeera Mubasher) and Al Faraeen, a private channel owned by controversial talk show host Tawfeek Okasha, have been shut down. While the latter has recently been allowed back on the air, its temporary closure sends a powerful warning message to other channels to “adopt the pro-military state line or risk a similar fate.”

Meanwhile, the military has been using the media to fuel xenophobic sentiment: In remarks to state owned daily Al Ahram,after the brutal massacre outside the Republican Guard Headquarters in July, an unnamed military source warned that “the foreign press is inciting sedition between the army and people. ” With the surge in xenophobic sentiment gripping the country in the aftermath of the June 30 military takeover, foreign correspondents covering the Tahrir rallies commemorating the October 1973 War last Sunday expressed concern on Twitter about possibly being mistaken for “foreign spies”.

“There are rumours of a no-foreigner rule in Tahrir Square today. Can anyone confirm?” asked Louisa Loveluck, a freelance journalist based in Cairo . The BBC’s Middle East Correspondent Quentin Sommerville meanwhile posted a picture of himself near a military tank in Tahrir Square ahead of the protests with the sarcastic byline “foreign spy in Tahrir” before quickly deleting it , possibly for fear it may evoke unwarranted anger.

Nationalistic fervour and a rising tide of xenophobia are characteristics shared by all countries where autocratic regimes use the media to consolidate their grip on power. Egypt and China are no exception to the rule. The muzzling of the press through continued intimidation and the sweeping arrests of journalists, bloggers and rights activists bears testimony to the fact that neither country is serious about carrying out the desired democratic reforms.

This article was originally posted on 7 Oct 2013 at indexoncensorship.org

Proposed app ban sparks outrage in Pakistan

The government of Sindh province warned last week it would block Skype, Whatsapp and Viber Tango.

The government of Sindh province warned last week it would block Skype, Whatsapp and Viber Tango.

Dr Asha Bedar, a clinical psychologist, looks at the news of a proposed three-month blockade of Skype and WhatsApp in Karachi, with much trepidation. Having recently moved to this southern port city of an estimated 20 million, these apps are almost like a lifeline.

“Like so many others, my family and friends are scattered around the globe. It’s these Skype, Whatsapp etc., that help bridge the distance. We  are constantly in touch and able to share our joys and sorrows, ” she said.

The ban on internet chat and telephony apps including Skype, WhatsApp and Viber Tango is to help curb militancy, Sindh province information minister, Sharjeel Memon, said at a news conference last week.

Pakistan’s commercial hub, Karachi, has witnessed much violence in recent years. According to the Citizens-Police Liaison Committee, the city witnessed 2,124 murders last year and 2,058 in the last nine months.

Memon said terrorists had switched from cell phones to these networks which were difficult to trace.

However, the news opened a floodgate of criticism and derision from all strata of society.

“What next? Motorbikes, cars, cell phones, since the terrorists use all of these as well!” wrote Saroop Ijaz, a Lahore based lawyer in the Express Tribune.

Matters only got worse after 25-year old Bilawal Bhutto Zardari, co-chairperson of Sindh province’s ruling Pakistan People’s Party, tweeted: “Dear Burgers [referring derisively to westernized young people] Sorry abt Skype/Viber/Whtsapp. Excuse us while we catch some terrorists and save some lives. SMS for 3 months. Sincerely BBZ”.

“Our right to communicate shouldn’t be a victim to national security,” pointed out Sana Saleem of co-founder Bolo Bhi, a group that campaigns for freedom of speech.

Pakistan is among the bottom ten countries in the annual report — Freedom on the Net 2013 — by the Freedom House, an independent watchdog based in Washington D.C. The report measures internet and digital media freedom in 60 countries. It said Pakistan blocks objectionable content, monitors internet users, lacks adequate connectivity in rural areas and has not done enough to protect users from accusations of blasphemy.

The ban if imposed, even if temporary, can only reflect Pakistan as one of the most restrictive nations in the world for internet use.

The Pakistan Telecommunications Authority has a history of clampdowns. It has banned more than 4,000 websites for what it considers objectionable material, including YouTube, which was blocked last year after a U.S. citizen posted a film was deemed blasphemous by Muslims around the world. In 2011, in a particularly ill-thought-out move it announced censoring text messages containing swear words. In 2010, after a decision by the Lahore High Court, Facebook was blocked as a reaction to the ‘Everybody Draw Muhammad’ page that was seen as offensive to the prophet and in 2009, then interior minister had announced a ban on jokes ridiculing the President Asif Ali Zardari and warned that the Federal Investigation Agency would trace electronically transmitted jokes under the Cyber Crimes Act.

While Saleem says the impending ban reflected a “flawed counterterrorism policy”, sports reporter Faizan Lakahani, working for private television channel, Geo, feels it only showcases that the government “is just not competent in nailing down terrorists”.

Bans to restrict citizen’s freedom  were not only futile but counter-productive. The government should use technology to trace out terrorists, instead, Lakahani said.

“The ban on cellular phones in the past has led to disabling of car security and home security systems,” added Saleem. “For every blockage there are dozens of ways to circumvent them. It would be a huge challenge and technology-wise nearly impossible to do a province specific ban.”

But for many like Bedar, the ban could significantly affect work.

“I work from home regularly and keep in touch with my clients. At times due to distance I even do therapy sessions on Skype. In addition, I regularly take up  international assignments for which we often hold meetings and discussions via Skype. The ban could potentially affect  both my work and efficiency,” she said.

Saleem , who uses Skype regularly for work, would also be affected. “I also use Whatsapp for work. Currently I’m working on short documentary stories on migrant workers and refugees in two different regions. I’ve Whatsapp’ed groups for people I’ve interviewed to keep in touch and to keep them posted once I’m back in Pakistan,” she said.

Many believe it wouldn’t be totally unfounded if the excuse to implement the ban was shaped by the telecommunications companies themselves, as these apps were threatening their revenues. Saleem agrees: “The telecom sector has been widely impacted because of these ad hoc measures”.

The ban has not been put into force because final authority rests with the central government in Islamabad. Interior Minister Chaudhry Nisar Ali Khan had already sounded out his reservations.

“The state has often backtracked from such announcements in the past after public outrage”, Saleem said.

This article was originally published on 7 Oct 2013 at indexoncensorship.org

Social media becomes the scapegoat in India

Illustration: Shutterstock

Illustration: Shutterstock

India’s National Integration Council met in the last week of September 2013 to discuss the threat of communal violence in the country. The council, first set up in the early 1960s, gives senior Indian politicians and public leaders a platform to discuss issues that could divide the country along caste, communal, language and regional fault lines. This September, with the backdrop of violent communal clashes that have seen over 50 killed and 40,000 displaced in India’s most populous state, Uttar Pradesh, Prime Minister Manmohan Singh sat with some of the Chief Ministers, to discuss how to resolve these issues.

There were early reports that the meeting was going to discuss the ‘misuse’ of social media, as news reports have indicated that the violent clashes in Uttar Pradesh were spurred on by false videos on YouTube. In India, the regulation of social media has been a subject of great controversy. The government has, in the past, used the IT Act’s Section 66(A) to arrest people for irresponsible posts that they claimed could cause ‘communal tension’. However, as the famous case of the Palghar girls demonstrated, many early arrests under this Section were politically motivated. Similarly, while the government has in the past asked social media companies to take down controversial posts, it has been revealed that most of the requests were again to take down criticism against the government.

However, at the same time, social media and MMS (multimedia messages through texts) have indeed been known to cause real damage. Last year, false rumours spread through MMS resulted in the exodus of northeastern migrants from south India, as the threat of violence seemed imminent. At the time, the government had to ban bulk text messaging, and ultimately restricted messages to 5 a day to curb any more rumours. Meanwhile, with global violence in the aftermath of the YouTube video, The Innocence of Muslims, the government of Jammu and Kashmir decided to suspend the internet for a few days to prevent any incidents.

Only about 164.81 million Indians have access to the internet, and only 143.20 million over mobile phones according to official figures released by the Telecom and Regulatory Authority of India in March 2013. Given this scenario, both the reach in terms of positive and negative impact, is still quite limited in India.

The prime minister, however, chose to focus on social media’s role on fanning communal violence in his address at the National Integration Council. His views on hate speech on social media were echoed by many others, including Uttar Pradesh Chief Minister Akhilesh Yadav, Maharashtra Chief Minister Prithviraj Chavan, Assam Chief Minister Tarun Gogoi, Jharkhand Chief Minister Hemant Soren, Haryana Chief Minister Bhupinder Singh Hooda and Meghalaya Chief Minister Mukul Sangma. The majority of chief ministers, then, favour social media regulation. Ideas thrown forward included taking action within the current legal framework, setting up ‘social media laboratories’ to monitor posts under intelligence departments and even mobilizing NGOs and prominent citizens to counter social media rumours.

There are a few important points to keep in mind while looking at this debate: the real need for regulating social media, scapegoating by politicians and finally, preserving freedom of expression and an open internet.

Given India’s experience with hate speech online, and reports about gender targeted abuse, along with abuse based on political, caste, community and regional affiliation, there is a valid point raised for some kind of regulation of social media. However, the real question is the kind of regulation India chooses to favor. In China, a new law can charge people with defamation if a false rumor started by them gets reposted over 500 times. In India, current laws allow citizens to go to court over information that has even caused them “annoyance” under Section 66A of the law. To ensure this is not abused, the government has now mandated that a senior police officer looks at individual cases before allowing charges to be filed to avoid nuisance cases. In the aftermath of the Muzzafarnagar riots of Uttar Pradesh, some citizens are urging the National Human Rights Commission to ask the Department of Telecom to screen and remove inflammatory posts on social media. However, when looking at cases where mass impact can cause damage (such as the exodus of northeasterns from south India), the government relied immediately on technology to solve the problem. The same can be said of the Jammu and Kashmir government, which switched off the internet, at the slightest hint of trouble.

However, both responses need to have legal sanctity. We already know the Indian government monitors its citizens’ communications, and much like many other governments across the world, and the legal basis for these programmes are still dubious. The government may want to come up with a plan for targeted control of certain communication channels should a particularly disastrous video or message surface over social media, and clearly contributes to an inflamed environment and damage on the ground. Social media is already being used to recruit terrorists. Perhaps some communication channels will be used to organize riots, as have been seen before in London. These will become bigger concerns when more than a sliver of India is connected to the internet. The debate will undoubtedly be seen through the prism of security instead of the freedom of expression, as we are currently witnessing the world over.

In a predominantly uneducated country, rumours run rife, and the result is not violence alone. For example, in 2006, polio campaigns in India have failed in Muslim communities, because of rampant rumours that the polio campaigns were a method to sterilize the community. In 2008, despite warnings, rumours that an apparition of the Virgin Mary would appear to devotees after staring into the sun caused dozens to go blind. Earlier in June 2013, three men were lynched to death in the state of Assam because of a rumour that a group of “naked men” were raping women. This does not mean every misguided or even damaging video needs to be censored immediately.

The constitution of India allows for freedom of expression, although with restrictions. However, any plan to take reasonable action in light of clear and present danger, should be drawn up with the help of civil society organizations and lawyers, and cannot be made and implemented unilaterally. The potential for abuse is too great.

Unfortunately, as it seems today – social media has become become the target of scapegoating by politicians. For example, the violence in Uttar Pradesh may or may not have been caused/spurred by a YouTube video. There is no empirical evidence for that. What isclear is that the Muzzafarnagar riots started with two Hindu boys stabbing a Muslim youth because he stalked their sister. Not YouTube. However, it would appear that instead of focusing on other causes of communal tensions in a neighbourhood, which include poverty, development, and unemployment, senior politicians vilified social media.

With elections looming, can one guarantee that any gap in planning, law and order management or inflammatory campaign speeches won’t be blamed on a tweet or Facebook update? Will the outward calling for “regulating social media” will substitute for real change on the ground?

Finally, the most important point remains. Hate speech, law and order, and mass panic are realities India’s states have been living with for years. It would appear that, in dealing with free expression on the internet, India’s politicians seem to err on the side of control. Perhaps the next election is not just about the economy, but equally about the Indian citizens freedom of expression and freedom from control.

This article was originally published on 7 Oct 2013 at indexoncensorship.org

On speaking ill of the dead

Earlier this week, I made an appearance on the BBC News Channel, offering my expert opinion (no laughing) on the Ed Miliband/Daily Mail case.

When asked about the now-notorious “Man Who Hated Britain” feature about Ed Milband’s Marxist father Ralph, I suggested that the Mail had every right to run the article, but probably shouldn’t have. By which I mean I wouldn’t have run that particular piece myself.

But I would be genuinely interested in a good article looking at Ralph Miliband’s politics, and his influence on his son’s politics, even if it was written by an attack dog. As long as it was an accurate attack dog. Part of the oddness of Geoffrey Levy’s original article was just how silly it was.

One of the curious aspects of the fallout has been some Conservatives pointing out the hypocrisy of those on the left who were outraged by the Mail’s Miliband moment but seemingly saw nothing wrong with celebrating the death of Margaret Thatcher.

The problem with this is that exactly the same people who were mortally offended by the Thatcher protests were suggesting that Miliband supporters should just accept the Mail mauling.

If you want an argument to work, it needs to apply universally, as all decent Kantians know.

I recall when the late Christopher Hitchens died, the Guardian, amid gushing tributes, ran a very silly piece by Frances Stonor Saunders, attacking him for all the wrong reasons. I knew Hitchens very vaguely, and liked him and his prose, so I was, for a while offended. But then one had to remember the glee with which Hitchens had attacked the fundamentalist preacher Jerry Falwell after he died. And one had to think, “fair enough”.

The phrase “you can’t libel the dead” is tossed around quite lightly, but it is actually a very important principle. Turkish writers and activists frequently struggle with laws criminalising criticism of the founder of modern Turkey, Kemal Ataturk. In Russia, a new chauvinism is making it increasingly difficult for groups such as Memorial to talk about Stalin’s crimes.

And then there is North Korea, where a man who has been dead since 1994 is still called the Great Leader and Eternal President.

Ancestor worship is simple: an entire culture gazing awestruck into the grave. Moribund. The vigorous arguments that civilisation requires will involve a great deal of criticism of the past and the characters that made it.

Regime repression stifles Sudan’s net freedom

The government of Sudan cut the country off from the internet as protests against the end of fuel subsidies spread.

The government of Sudan cut the country off from the internet as protests against the end of fuel subsidies spread.

The release of the annual Freedom on the Net report for the first time includes a chapter on Sudan, authored by Index Award nominees GIRIFNA. This is more than timely, as the country is witnessing a new wave of widespread protests triggered by the Sudanese government’s announcement in late September 2013 that it will lift economic subsidies from fuel and other essential food items.

Based on a survey of 60 countries in Freedom House’s Freedom on the Net 2013, Sudan is categorised as “Not Free” with a score of 63, placing it among the bottom 14 countries in the category. As one of ten sub-Saharan African countries surveyed, Sudan joined Ethiopia as the two “Not Free” countries in the region. Kenya and South Africa were categorised as “Free” and the remaining six – Angola, Malawi, Nigeria, Rwanda, Uganda and Zimbabwe – as “Partly Free”.

Sudan has invested heavily in its telecommunications infrastructure in the last decade, resulting in a steadily increasing internet penetration rate of 21 percent and a mobile penetration rate of 60 percent by the end of 2012, according to the International Telecommunication Union (ITU). It also boasts the cheapest post-paid costs in the Middle East and North Africa in 2012, and healthy market competition amongst four telecommunications providers.

However, these infrastructural and economical advantages are highly reduced against the backdrop of a State that has little respect for freedom of expression, freedom of association, participation and peaceful assembly. The Sudanese regime is amongst the worst globally in terms its obstruction of the access to independent and diverse information both offline and online. A global study on press freedom conducted by Reporters without Borders earlier this year ranks Sudan at 170 out of 179 countries surveyed. This clearly reflects that the violations of freedom of expression impacting the traditional print media are also starting to reflect online.

The Sudan Revolts, the wave of protests triggered by economic austerity plans that hit the country between June and July 2012, was the first time the authorities implemented a large-scale crackdown and detentions of citizens using digital platforms to communicate, connect, coordinate and mobilise. Additionally, the government increased its deployment of a Cyber Jihadist Unit to monitor and hack into Facebook and email accounts of activists. The National Telecommunications Corporation (a government agency) also engages in the censoring and blocking of opposition online news forums and outlets. YouTube, for example, was blocked for two months in late 2012 in response to the “Innocence of Muslims” video.

The attacks on cyber dissidents during Sudan Revolts included the detention of digital activists, such as Usamah Mohammed, for up to two months, the forced exile of Sudan’s most prominent video blogger Nagla’a Sid Ahmad, and the kidnapping and torture of the Darfurian online journalist Somia Hundosa. Moreover, one of the most high profile political detainees from the Nuba Mountains, Jalila Khamis, spent nine months in detention without charges. When she was finally brought to trial in December 2012, the main evidence against her was a YouTube video taken by Sid Ahmad, in which Khamis testified about the shelling of civilians in the Nuba Mountains by the government.

Since September 23 this year, authorities have responded to the new wave of protests with unprecedented violence toward peacefully protesting urban dwellers. More than 200 have been killed in Khartoum and Wad Madani by live bullets fired by riot police, national security agents, and/or state sponsored militias. According to a government statement, 600 citizens have been detained, though activists say that number is much higher. On Wednesday, September 25, the government shut down internet access for 24 hours. When the internet returned, it was much slower, with Facebook inaccessible on mobile phones and YouTube blocked or non-functional due to a very slow broadband connection.

The US sanctions imposed on Omer El Bashir’s regime since 1997 also continue to hinder the free access to the internet and the free flow of information as it limits access to a number of new media tools. This includes limited access to anti virus suites, e-document readers, and rich content multimedia applications that most Sudanese citizens cannot download. The inability to download software security updates makes many users in Sudan vulnerable to malware. Smart phone applications cannot be downloaded or purchased from the iTunes and/or Android stores.

Additionally, Sudan has a combination of restrictive laws that work together to impede freedom of expression both off and online, including the 2009 Printed Press Materials Law, and a new Media law that has recently appeared in Parliament, which officials have hinted would for the first include language restricting online content. Additionally, the National Security Act (2010) gives National Intelligence and Security Services the permission to arrest journalists and censor newspapers under the pretext of “national security,”. An IT Crime Law, in effect since 2007 criminalises websites that criticise the government or publishes defamatory materials. All these laws contradict Sudan’s National Interim Constitution, which guarantees the right to freedom of expression, association and assembly.

A version of this article has been published on GIRIFNA’s website. The arabic version of the Freedom on the Net report can be accessed here.

ProPublica, This American Life and acetaminophen: $750,000 to state the obvious

Tylenol-(1)

ProPublica and This American Life, both which I love, are making some waves for a story highlighting the risks of taking too much acetaminophen (known as paracetamol in the UK). They found that “taken over several days, as little as 25 percent above the maximum dosage – or just two additional extra strength pills a day – has been reported to cause liver damage”.

In a more than 10,000 word piece, they say that over the past decade 1,500 people have died from accidental overdoses of the drug in the US. The story is very critical of “McNeil Consumer Healthcare, the unit of Johnson & Johnson that has built Tylenol [the brand name of the drug in the US] into a billion-dollar brand and the leader in acetaminophen sales”. The story claims that:

McNeil opposed even a modest government campaign to educate the public about acetaminophen’s risks, in part because it would harm Tylenol sales.”

They also criticise the FDA, the US drugs regulator for not taking tougher action, but the agency said:

FDA officials said the agency saw the benefits of keeping acetaminophen widely available as outweighing the “relatively rare” risk of liver damage or death. Some patients cannot tolerate drugs such as ibuprofen, and for them acetaminophen may be the best option, said one agency official.”

I do appreciate that the story gave a bit of context in quoting the figures for accidental deaths of ibuprofen, another non-prescription pain killer. The article says deaths due to ibuprofen overdose are negligible.

Massive coverup? Hardly

But is the fact that acetaminophen can cause liver damage being hidden by an avaricious company with complete disregard for public safety or by an over-stretched US drugs regulator? Hardly. Google “acetaminophen risk”. The first result in the US is WebMD. See risks:

When taken incorrectly, however, acetaminophen can cause liver damage. And your risk of liver damage may be increased if you drink more than three alcoholic drinks every day, take more than the recommended dose (overdose), or if you take any additional drugs that also contain acetaminophen at the same time.”

Read a little further along under the next subhead, How to Use Acetaminophen Safely.

Make sure to use the correct dosage. Don’t take more acetaminophen than directed or take it more often than directed. Taking more than recommended can damage your liver — and won’t provide any more pain relief.”

We’ve got a couple of bottles of acetaminophen that we have bought in the US. One bottle from US pharmacy Walgreens says, “See New Warnings Information”. It has a specific liver damage warning. It has in bold: “Overdose warning: Taking more than the recommended dose (overdose) may cause liver damage.” Both bottles warn not to take with other drugs that contain acetaminophen or if you drink three or more alcoholic drinks per day.

Ok, I thought. Maybe McNeil is trying to protect their brand, Tylenol, as the story says over and over again. I went to the Tylenol site, the official site for McNeil’s acetaminophen brand, and at the bottom of the page, granted not prominently displayed but there, is a link called: Tylenol labeling change.

New Dosing Instructions: Beginning Fall 2011
Acetaminophen, the active ingredient in TYLENOL®, can be found in more than 600 over-the-counter (OTC) and prescription medications, such as TYLENOL®, SUDAFED® Triple Action™, NyQuil®, Percocet® and Vicodin®.* Acetaminophen is safe when used as directed, but when too much is taken (overdose), it can cause liver damage. Some people accidentally exceed the recommended dose when taking multiple products at the same time, often without realizing they contain acetaminophen or by not reading and following the dosing instructions.

To help encourage appropriate acetaminophen use, the makers of Extra Strength TYLENOL® have implemented new dosing instructions lowering the maximum daily dose for single-ingredient Extra Strength TYLENOL® (acetaminophen) products sold in the U.S. from 8 pills per day (4,000 mg) to 6 pills per day (3,000 mg). The dosing interval has also changed from 2 pills every 4 – 6 hours to 2 pills every 6 hours.

Emphasis mine. Was McNeil against educating the public because they worried about damaging sales of their flagship brand? It would seem not.

Education Campaign: Get Relief Responsibly™

In addition to the new dosing instructions on the OTC label, the makers of TYLENOL® launched Get Relief Responsibly™, an initiative designed to educate consumers about the appropriate use of OTC and prescription medications, particularly those containing acetaminophen, and the importance of reading and following medication labels. As a part of this initiative, the makers of TYLENOL® have created a new website www.getreliefresponsibly.com. The site includes an interactive Acetaminophen Finder tool to help consumers identify products that contain acetaminophen and build a personal acetaminophen medication list to share with their healthcare provider or pharmacist.”

I don’t know how prominent the campaign was, as I live in the UK. And I thought that maybe they launched this quietly in response to the ProPublica investigation. Nope, the date on the page is autumn 2011. This would be consistent with the “See New Warnings Information” label on our bottle of Walgreen’s Pain Reliever PM. It undermines all the assertions in the investigation that McNeil has resisted efforts to reduce dosages or engage in public education.

Stating the obvious in thousands of words

These are facts hidden in plain view: Don’t take too much acetaminophen, especially with alcohol. Taking more than recommended won’t do you any good, and it could wreck your liver. As a matter of fact, we’re going to recommend taking less of our flagship product.

It took me 30 seconds to find the relevant info on WebMD, and another 30 seconds to quickly scan the Tylenol site. How long did it take ProPublica and This American Life? TWO YEARS AND $750,000. 

As an editor, I keep saying to myself: Where’s the story here? The headline, anodyne even by American standards, is “Use Only as Directed”. My response: No shit. I mean, really? If you use a drug above the recommended dosage, there is a risk. If McNeil has ruthlessly tried to cover up the idea that if you take too much of the drug it will wreck your liver, they’re doing a really poor job.

Labelling on US acetaminophen bottles undermine repeated assertions in the investigation that the FDA has resisted calls for clearly labelling about overdose risks, especially with respect to liver damage. It is clearly listed under Warnings, in bold, on both bottles of acetaminophen we have.

Where is the breaking news? Has the FDA covered up the fact that if you take too much of the drug you can die? No, it hasn’t. Easily available information, both online and on the packaging, is clear about the risks of taking an overdose. But the key thing is that if you take too much of anything, even water, it can kill you. In technical terms it’s called LD50, the median lethal dose.

Whist Pro Publica’s piece does remind the reader to be more careful about taking other medications that might have acetaminophen and to more carefully monitor dosage, it isn’t revealing any new information, nor is it exposing a cover-up.

The story includes a clock, counting how long it has been since the FDA created an expert panel to evaluate the safety of over-the-counter pain relievers. The agency has not yet completed its work. This is about as damning as the revelations gets:

From 2001 to 2010, annual acetaminophen-related deaths amounted to about twice the number attributed to all other over-the-counter pain relievers combined, according to the poison control data.

In 2010, only 15 deaths were reported for the entire class of pain relievers, both prescription and over-the-counter, that includes ibuprofen, data from the CDC shows.”

If acetaminophen, at roughly 150 deaths per year, is twice the number of all other over-the-counter and prescription pain relievers combined, then doesn’t this undermine the entire assertion that the there is a pressing need for the FDA to have this expert panel deliver its findings? It doesn’t seem that pain killers as a class of drug are particularly dangerous at all.

Back to acetaminophen, in 2010, the last year the article has figures for fatal accidental acetaminophen poisoning, 166 Americans died. The CDC reported that 2,468,435 Americans died that year. The number who died from acetaminophen poisoning is 0.007 percent of total deaths in the entire country. Tragic? Yes. Common? Hardly. Ibruprofen deaths are negligible, especially compared with the 32,788 Americans who died in road traffic accidents. Journalists are incredibly poor at communicating relative risk, and this over-the-top investigation only serves to reinforce that. What pressing public health crisis has been identified at a cost of $750,000?

I don’t mean to dismiss the suffering of the nearly 150 people who died or of their friends and loved ones, and I think that this story is worth reporting, but in the right terms. For stories like this, I can even see the need to remind people every few years, just to drive home the point that taking too much acetaminophen is risky, especially if you drink a lot. However, I don’t think this story comes even close to rising to the standard of a two-year investigation costing hundreds of thousands of dollars.

Opportunity costs

Peter Osnos at The Atlantic praises the story and asks who will pay for expensive, investigative coverage. The piece seems to be equating the cost with impact. To me, as I said in a comment on the piece, this is not a piece for which we should be getting out our “yay investigative journalism” pom-poms. It proves that investigative journalism can be expensive, yes, but is it going to have an impact? This story will have no more impact than a run-of-the-mill public service piece that could have been bashed out in an afternoon.

Not all investigations lead to publication, and I know that some investigations take time to develop, but I cannot see why this story took two years and three-quarters of a million dollars to reveal information that can be found with a quick search online. As a journalist and editor, I have to ask what is the opportunity cost? The opportunity cost is:

The cost of an alternative that must be forgone in order to pursue a certain action. Put another way, the benefits you could have received by taking an alternative action.”

In this era of scarce resources, it is even more important to ask what opportunities are foregone because resources are deploying elsewhere. It’s Econ 101, but it is an incredibly important question that we need to ask. Two years and three-quarters of a million dollars is a huge investment. It’s the kind of resource that most journalists would give their spare kidney for, but if we’re going to sink that kind of time and precious coin into a story, that story better be worth it.

When I started this post, I thought this was simply about an overly expensive investigation. It took me almost no time at all to undermine the core elements of this story with basic online research. McNeil, if they trying to bully the FDA into inaction, appear to have failed. If a minimal bit of online research calls into question key elements of this story, there are even bigger problems than the excessive cost and time.

UPDATE: I did originally post this under the headline “30 seconds to debunk”, which in retrospect is a bit harsh. ProPublica has meticulously documented their points to the point where I think they completely diluted the impact of the piece. If as a journalist, you want to draw attention to the dangers of the drug, the piece should have been much, much shorter, highlighted the low margin for error in taking more than the recommended dose, especially with alcohol and been done with it. The story has problems, and one of the biggest is that it is incredibly self-indulgent. It fails the most basic commandment of a good piece of journalism: Get to the point.

This article was originally posted on 4 Oct 2013 at Strange Attractor and is reproduced here by permission.