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[vc_row][vc_column][vc_column_text]Index on Censorship is among 107 organisations that are urging governments to respect human rights and civil liberties as they attempt to tackle the coronavirus pandemic through digital surveillance technologies.
“As the coronavirus continues to spread and threaten public health, governments are taking unprecedented actions to bring it under control. But the pandemic must not be used to usher in invasive digital surveillance,” said Jessica Ní Mhainín, Policy Research and Advocacy Officer at Index on Censorship. “Measures must have a legal basis, be targeted exclusively at curtailing the virus, and have safeguards in place to prevent violations of privacy.”
STATEMENT:
The Covid-19 pandemic is a global public health emergency that requires a coordinated and large-scale response by governments worldwide. However, states’ efforts to contain the virus must not be used as a cover to usher in a new era of greatly expanded systems of invasive digital surveillance.
We, the undersigned organisations, urge governments to show leadership in tackling the pandemic in a way that ensures that the use of digital technologies to track and monitor individuals and populations is carried out strictly in line with human rights.
Technology can and should play an important role during this effort to save lives, such as to spread public health messages and increase access to health care. However, an increase in state digital surveillance powers, such as obtaining access to mobile phone location data, threatens privacy, freedom of expression and freedom of association, in ways that could violate rights and degrade trust in public authorities – undermining the effectiveness of any public health response. Such measures also pose a risk of discrimination and may disproportionately harm already marginalised communities.
These are extraordinary times, but human rights law still applies. Indeed, the human rights framework is designed to ensure that different rights can be carefully balanced to protect individuals and wider societies. States cannot simply disregard rights such as privacy and freedom of expression in the name of tackling a public health crisis. On the contrary, protecting human rights also promotes public health. Now more than ever, governments must rigorously ensure that any restrictions to these rights is in line with long-established human rights safeguards.
This crisis offers an opportunity to demonstrate our shared humanity. We can make extraordinary efforts to fight this pandemic that are consistent with human rights standards and the rule of law. The decisions that governments make now to confront the pandemic will shape what the world looks like in the future.
We call on all governments not to respond to the Covid-19 pandemic with increased digital surveillance unless the following conditions are met:
1. Surveillance measures adopted to address the pandemic must be lawful, necessary and proportionate. They must be provided for by law and must be justified by legitimate public health objectives, as determined by the appropriate public health authorities, and be proportionate to those needs. Governments must be transparent about the measures they are taking so that they can be scrutinized and if appropriate later modified, retracted, or overturned. We cannot allow the Covid-19 pandemic to serve as an excuse for indiscriminate mass surveillance.
2. If governments expand monitoring and surveillance powers then such powers must be time-bound, and only continue for as long as necessary to address the current pandemic. We cannot allow the Covid-19 pandemic to serve as an excuse for indefinite surveillance.
3. States must ensure that increased collection, retention, and aggregation of personal data, including health data, is only used for the purposes of responding to the Covid-19 pandemic. Data collected, retained, and aggregated to respond to the pandemic must be limited in scope, time-bound in relation to the pandemic and must not be used for commercial or any other purposes. We cannot allow the Covid-19 pandemic to serve as an excuse to gut individuals’ right to privacy.
4. Governments must take every effort to protect people’s data, including ensuring sufficient security of any personal data collected and of any devices, applications, networks, or services involved in collection, transmission, processing, and storage. Any claims that data is anonymous must be based on evidence and supported with sufficient information regarding how it has been anonymised. We cannot allow attempts to respond to this pandemic to be used as justification for compromising people’s digital safety.
5. Any use of digital surveillance technologies in responding to Covid-19, including big data and artificial intelligence systems, must address the risk that these tools will facilitate discrimination and other rights abuses against racial minorities, people living in poverty, and other marginalised populations, whose needs and lived realities may be obscured or misrepresented in large datasets. We cannot allow the Covid-19 pandemic to further increase the gap in the enjoyment of human rights between different groups in society.
6. If governments enter into data sharing agreements with other public or private sector entities, they must be based on law, and the existence of these agreements and information necessary to assess their impact on privacy and human rights must be publicly disclosed – in writing, with sunset clauses, public oversight and other safeguards by default. Businesses involved in efforts by governments to tackle Covid-19 must undertake due diligence to ensure they respect human rights, and ensure any intervention is firewalled from other business and commercial interests. We cannot allow the Covid-19 pandemic to serve as an excuse for keeping people in the dark about what information their governments are gathering and sharing with third parties.
7. Any response must incorporate accountability protections and safeguards against abuse. Increased surveillance efforts related to Covid-19 should not fall under the domain of security or intelligence agencies and must be subject to effective oversight by appropriate independent bodies. Further, individuals must be given the opportunity to know about and challenge any Covid-19 related measures to collect, aggregate, and retain, and use data. Individuals who have been subjected to surveillance must have access to effective remedies.
8. Covid-19 related responses that include data collection efforts should include means for free, active, and meaningful participation of relevant stakeholders, in particular experts in the public health sector and the most marginalized population groups.
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[vc_row][vc_column][vc_column_text]Index on Censorship was established in 1972 in a febrile period: Idi Amin had taken power in Uganda, the Vietnam war continued, direct rule was imposed in Northern Ireland, there was a coup in Bolivia and Congo was renamed Zaire by its dictator president. As writer Robert McCrum said in our 40th anniversary issue: “The abuses of freedom worldwide in the 1970s were so appalling and so widespread that the magazine rapidly found itself in the frontline of campaigns. Index became a clarion voice in the cause of free expression.” The right to protest and freedom of expression are now being sought in Hong Kong and elsewhere, and Index is still to the forefront in reporting abuses. Here are just some of the conflicts between freedom and dictatorship we have reported on in the past 47 years.

The first issue of Index on Censorship magazine, in March 1972
The Clockwork Show vol 1, issue 1, March 1972
In an anonymous article about life in Greece under the regime of the Colonels’ junta, the writer considered the psychology of the situation; the feelings and attitudes, the long-ranging impact of this harrowing experience. “There is nothing more demoralizing than to be bound to a public body, an administration, a government with which one can never for a moment identify, which is the exact opposite of everything one believes in. One cannot live side by side with Philistinism, chauvinism, bigotry, blatant hypocrisy, crass ignorance, injustice, violence and brutality and not be affected by them, even if one manages—only just—to keep them out of one’s own life. Under this regime there is no relief; no exception: the regime has penetrated every single aspect of public life.”
Read the full article

March 1974: TV, politics and Chile Index on Censorship magazine
Book burning and brutality vol 3, issue 1, March 1974
A fascinating insight into life in Chile six months after a coup ended the tyranny of President Salvador Allende: worse was to come under a military dictatorship, reported Michael Sanders, an Englishman in Santiago. “When Allende left Chile to address the UN in December 1972, a leading opposition newspaper had as its front-page a photo depicting the president flushing himself down a lavatory, with the caption ‘ good riddance’. The contrast in December 1973 is gloomy indeed. Not so much, or not only because of the drab uniformity of censored newspapers that, for all they may be censored, willingly reflect the views of the Military Junta. But for the fact that 43.6% of the population have been deprived of all means of expression, of all normal communication, and live in daily fear of their lives and jobs.”
Read the full article

Russia, East Germany, South Africa: May 1979 Index on Censorship magazine
Black journalists under apartheid volume 8, issue 3, May 1979
William A Hachten reports: Black journalists came to the fore in the Soweto riots of 1976 when they reported from the ghetto for a white press without access. Yet black journalists still faced daily harassment under apartheid, which worsened with the death of Steve Biko in 1977. Vusi Radebe, a black stringer for the Rand Daily Mail, said: “The situation is worse since the 1976 riots. Police will beat up reporters on the slightest provocation for what they consider obstruction of justice.” While whites had 23 newspapers, there were none for non-whites to express their political frustration. Black journalist Pearl Luthuli said: “The black journalist can’t be objective. We try to tell it like it is but the white editors won’t print it.” Another said: “We are black people first, journalists second. If it comes to a conflict between the struggle and the job, the struggle comes first.”
Read the full article

Beckett and Havel: Index on Censorship magazine, February 1984
Iran under the party of God, volume 13, issue 1, February 1984
“Censorship was planned by the regime of the Islamic Republic even before the February 1979 revolution brought Ayatollah Khomeini’s theocratic oligarchy to power. This particular kind of censorship may not be without precedent in history, but it must certainly be rare. There were attacks on coffee-houses, restaurants and other public places by men armed with clubs and stones; unveiled women were harassed; slogans of the opposition were cleaned from the walls; banks, cinemas and theatres were burned” – a personal account of the first years of the revolution and its attack on culture, by one of Iran’s leading writers Gholam Hoseyn Sa’edi. “And it keeps on happening. The Islamic regime of today has gone a step beyond censoring the creations of science, culture and art, beyond censoring life itself: it has rendered life vain and all but unliveable.”
Read the full article

Romania, Albania, USSR: Index on Censorship magazine January 1991
A sense of solidarity, volume 20, issue 1, January 1991
Romania’s celebrated poet, Ana Blandiana, on censorship under Ceausescu and how she fought back. Her work was completely banned three times. “In my case, the form of censorship progressed from the banning of a word to that of a line, then of a poem, then of a book, to the total erasure of my signature as author: an eradication of identity. My inner freedom was assured by a decision I took in 1980, a personal one rather than as a writer. I decided to be outspoken and say what I thought at the risk of becoming a victim myself, rather than suspect a possibly honest person. At first it kept me sane, and then it helped me to be a normal writer, relatively free of self-censorship. This was the strongest form of censorship under Communism in the last 10 or 15 years, and was much more refined and subtle than the official censorship.”
Read the full article

How free is the Russian media? Index on Censorship, Spring 2007
The Big Squeeze, volume 37, issue 1, Spring 2008
“The fact remains that since the departure of the oligarchs, Russian media freedom has gone from the imperfect and beleaguered to the moribund. At national television, which 90 per cent of Russians say is their main source of news, editors receive weekly or even daily instructions from the Kremlin on the ‘line to take’ on important stories; around half of Russian viewers think that what they watch is objective, a 2007 poll said. Foreign coverage is polemical and outrageously politicised. The message of all this is ‘be quiet’. If you annoy the rich and powerful you face threats, beatings or death. Even when the Kremlin is not directly involved, its reaction to the persecution of journalists sends a clear message: if you offend the powerful, don’t expect the law to protect you.” Edward Lucas gave an early taste of what freedom of expression meant under Putin.
Read the full article

40 years of Index on Censorship March 2012
Grit in the engine, volume 41, issue 1, Spring 2012
Robert McCrum on the 40th anniversary of Index on Censorship. “The success of Index was not a foregone conclusion. Stephen Spender, its founder, was fully alert to the potential for windbaggery and failure. There was, he wrote, ‘the risk that the magazine will become simply a bulletin of frustration’. Actually, the opposite came to pass. Index became a clarion voice in the cause of free expression. The abuses of freedom worldwide in the 1970s were so appalling and so widespread that the magazine rapidly found itself in the frontline of campaigns. Perhaps the most important thing Index did, from the beginning, was to universalise an issue in peril of becoming a special interest: freedom was not ‘a luxury enjoyed by bourgeois individualists’. Along with self-expression, it was a human right, and an instrument of human consciousness.
Read the full article

The big squeeze: Index on Censorship magazine Spring 2017
Freedom of expression under pressure, volume 46, issue 1, Spring 2017
The spring 2017 issue of Index on Censorship magazine looks at how pressures on free speech are currently coming from many different angles, not just one. Special features on how to spot fake news, articles from former BBC World Service director Richard Sambrook and former UK attorney general Dominic Grieve, an exclusive interview with the Spanish puppeteer arrested last year, and fiction from award-winning writer Karim Miské.
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Dear Mark Zuckerberg:
What do the Philadelphia Museum of Art, a Danish member of parliament, and a news anchor from the Philippines have in common? They have all been subject to a misapplication of Facebook’s Community Standards. But unlike the average user, each of these individuals and entities received media attention, were able to reach Facebook staff and, in some cases, receive an apology and have their content restored. For most users, content that Facebook removes is rarely restored and some users may be banned from the platform even in the event of an error.
When Facebook first came onto our screens, users who violated its rules and had their content removed or their account deactivated were sent a message telling them that the decision was final and could not be appealed. It was only in 2011, after years of advocacy from human rights organizations, that your company added a mechanism to appeal account deactivations, and only in 2018 that Facebook initiated a process for remedying wrongful takedowns of certain types of content. Those appeals are available for posts removed for nudity, sexual activity, hate speech or graphic violence.
This is a positive development, but it doesn’t go far enough.
Facebook’s stated mission is to give people the power to build community and bring the world closer together. With more than two billion users and a wide variety of features, Facebook is the world’s premier communications platform. We know that you recognize the responsibility you have to prevent abuse and keep users safe. As you know, social media companies, including Facebook, have a responsibility to respect human rights, and international and regional human rights bodies have a number of specific recommendations for improvement, notably concerning the right to remedy.
Facebook remains far behind its competitors when it comes to affording its users due process. 1 We know from years of research and documentation that human content moderators, as well as machine learning algorithms, are prone to error, and that even low error rates can result in millions of silenced users when operating at massive scale. Yet Facebook users are only able to appeal content decisions in a limited set of circumstances, and it is impossible for users to know how pervasive erroneous content takedowns are without increased transparency on Facebook’s part. 2
While we acknowledge that Facebook can and does shape its Community Standards according to its values, the company nevertheless has a responsibility to respect its users’ expression to the best of its ability. Furthermore, civil society groups around the globe have criticized the way that Facebook’s Community Standards exhibit bias and are unevenly applied across different languages and cultural contexts. Offering a remedy mechanism, as well as more transparency, will go a long way toward supporting user expression.
Earlier this year, a group of advocates and academics put forward the Santa Clara Principles on Transparency and Accountability in Content Moderation, which recommend a set of minimum standards for transparency and meaningful appeal. This set of recommendations is consistent with the work of the UN Special Rapporteur on the promotion of the right to freedom of expression and opinion David Kaye, who recently called for a “framework for the moderation of user- generated online content that puts human rights at the very center.” It is also consistent with the UN Guiding Principles on Business and Human Rights, which articulate the human rights responsibilities of companies.
Specifically, we ask Facebook to incorporate the Santa Clara Principles into their content moderation policies and practices and to provide:
Article 19, Electronic Frontier Foundation, Center for Democracy and Technology, and Ranking Digital Rights
Fundación Ciudadano Inteligente
7amleh – Arab Center for Social Media Advancement
Access Now
ACLU Foundation of Northern California
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre (AFIC)
Albanian Media Institute
American Civil Liberties Union
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Arab Digital Expression Foundation
Artículo 12
Asociación Mundial de Radios Comunitarias América Latina y el Caribe (AMARC ALC)
Association for Progressive Communications
Brennan Center for Justice at NYU School of Law
Bytes for All (B4A)
CAIR San Francisco Bay Area
CALAM
Cartoonists Rights Network International (CRNI)
Cedar Rapids, Iowa Collaborators
Center for Independent Journalism – Romania
Center for Media Studies & Peace Building (CEMESP)
Child Rights International Network (CRIN)
Committee to Protect Journalists (CPJ)
Digital Rights Foundation
EFF Austin
El Instituto Panameño de Derecho y Nuevas Tecnologías (IPANDETEC)
Electronic Frontier Finland
Elektronisk Forpost Norge
Foro de Periodismo Argentino
Foundation for Press Freedom – FLIP
Freedom Forum
Fundación Acceso
Fundación Ciudadano Inteligente
Fundación Datos Protegidos
Fundación Internet Bolivia.org
Fundación Vía Libre
Fundamedios – Andean Foundation for Media Observation and Study
Garoa Hacker Club
Gulf Center for Human Rights
HERMES Center for Transparency and Digital Human Rights
Hiperderecho
Homo Digitalis
Human Rights Watch
Idec – Brazilian Institute of Consumer Defense
Independent Journalism Center (IJC)
Index on Censorship
Initiative for Freedom of Expression – Turkey
Instituto Nupef
International Press Centre (IPC)
Internet without borders
La Asociación para una Ciudadanía Participativa ACI Participa
MARCH
May First/People Link
Media Institute of Southern Africa (MISA)
Media Rights Agenda (MRA)
Mediacentar Sarajevo
New America’s Open Technology Institute
NYC Privacy
Open MIC (Open Media and Information Companies Initiative)
OpenMedia
Pacific Islands News Association (PINA)
Panoptykon Foundation
PEN America
PEN Canada
Peninsula Peace and Justice Center
Portland TA3M
Privacy Watch
Raging Grannies
ReThink LinkNYC
Rhode Island Rights
SFLC.in
SHARE Foundation
SMEX
South East Europe Media Organisation
Southeast Asian Press Alliance (SEAPA)
SumOfUs
Syrian Archive
Syrian Center for Media and Freedom of Expression (SCM)
t4tech
Techactivist.org
The Association for Freedom of Thought and Expression
Viet Tan
Vigilance for Democracy and the Civic State
Visualizing Impact
Witness
1See EFF’s Who Has Your Back? 2018 Report https://www.eff.org/who-has-your-back-2018, and Ranking Digital Rights Indicator G6, https://rankingdigitalrights.org/index2018/indicators/g6/.
2 See Ranking Digital Rights, Indicators F4 https://rankingdigitalrights.org/index2018/indicators/f4/, and F8, https://rankingdigitalrights.org/index2018/indicators/f8/ and New America’s Open Technology Institute, “Transparency Reporting Toolkit: Content Takedown Reporting”,https://www.newamerica.org/oti/reports/transparency-reporting-toolkit-content-takedown-reporting/
3 For example, see Article 19’s policy brief, “Self-regulation and ‘hate speech’ on social media platforms,”https://www.article19.org/wp-content/uploads/2018/03/Self-regulation-and-%E2%80%98hate- speech%E2%80%99-on-social-media-platforms_March2018.pdf.
[vc_row][vc_column][vc_custom_heading text=”The first editor of Index on Censorship magazine reflects on the driving forces behind its founding in 1972″ google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text][/vc_column_text][vc_row_inner][vc_column_inner][vc_column_text]A version of this article first appeared in Index on Censorship magazine in December 1981. [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

The first issue of Index on Censorship Magazine, 1972
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”My friends and I think it would be very important to create an international committee or council that would make it its purpose to support the democratic movement in the USSR.” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”Looking back, not only over the thirty years since Index was started, but much further, over the history of our civilisation, one cannot help but realise that censorship is by no means a recent phenomenon.” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
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[/vc_column_text][/vc_column][/vc_row][vc_row content_placement=”top”][vc_column width=”1/3″][vc_custom_heading text=”Free to air” font_container=”tag:p|font_size:24|text_align:left” link=”url:%20https%3A%2F%2Fwww.indexoncensorship.org%2F2017%2F09%2Ffree-to-air%2F|||”][vc_column_text]Through a range of in-depth reporting, interviews and illustrations, the autumn 2017 issue of Index on Censorship magazine explores how radio has been reborn and is innovating ways to deliver news in war zones, developing countries and online
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