1 May 2015 | Campaigns, mobile, Statements
On World Press Freedom Day, 116 days after the attack at the office of the satirical newspaper Charlie Hebdo that left 11 dead and 12 wounded, we, the undersigned, reaffirm our commitment to defending the right to freedom of expression, even when that right is being used to express views that we and others may find difficult, or even offensive.
The Charlie Hebdo attack – a horrific reminder of the violence many journalists around the world face daily in the course of their work – provoked a series of worrying reactions across the globe.
In January, the office of the German daily Hamburger Morgenpost was firebombed following the paper’s publishing of several Charlie Hebdo images. In Turkey, journalists reported receiving death threats following their re-publishing of images taken from Charlie Hebdo. In February, a gunman apparently inspired by the attack in Paris, opened fire at a free expression event in Copenhagen; his target was a controversial Swedish cartoonist who had depicted the prophet Muhammad in his drawings.
A Turkish court blocked web pages that had carried images of Charlie Hebdo’s front cover; Russia’s communications watchdog warned six media outlets that publishing religious-themed cartoons “could be viewed as a violation of the laws on mass media and extremism”; Egypt’s president Abdel Fatah al-Sisi empowered the prime minister to ban any foreign publication deemed offensive to religion; the editor of the Kenyan newspaper The Star was summoned by the government’s media council, asked to explain his “unprofessional conduct” in publishing images of Charlie Hebdo, and his newspaper had to issue a public apology; Senegal banned Charlie Hebdo and other publications that re-printed its images; in India, Mumbai police used laws covering threats to public order and offensive content to block access to websites carrying Charlie Hebdo images. This list is far from exhaustive.
Perhaps the most long-reaching threats to freedom of expression have come from governments ostensibly motivated by security concerns. Following the attack on Charlie Hebdo, 11 interior ministers from European Union countries, including France, Britain and Germany, issued a statement in which they called on internet service providers to identify and remove online content “that aims to incite hatred and terror”. In the UK, despite the already gross intrusion of the British intelligence services into private data, Prime Minister David Cameron suggested that the country should go a step further and ban internet services that did not give the government the ability to monitor all encrypted chats and calls.
This kind of governmental response is chilling because a particularly insidious threat to our right to free expression is self-censorship. In order to fully exercise the right to freedom of expression, individuals must be able to communicate without fear of intrusion by the state. Under international law, the right to freedom of expression also protects speech that some may find shocking, offensive or disturbing. Importantly, the right to freedom of expression means that those who feel offended also have the right to challenge others through free debate and open discussion, or through peaceful protest.
On World Press Freedom Day, we, the undersigned, call on all governments to:
• Uphold their international obligations to protect the rights of freedom of expression and information for all, especially journalists, writers, artists and human rights defenders to publish, write and speak freely;
• Promote a safe and enabling environment for those who exercise their right to freedom of expression, especially for journalists, artists and human rights defenders to perform their work without interference;
• Combat impunity for threats and violations aimed at journalists and others threatened for exercising their right to freedom of expression and ensure impartial, speedy, thorough, independent and effective investigations that bring masterminds behind attacks on journalists to justice, and ensure victims and their families have speedy access to appropriate remedies;
• Repeal legislation which restricts the right to legitimate freedom of expression, especially such as vague and overbroad national security, sedition, blasphemy and criminal defamation laws and other legislation used to imprison, harass and silence journalists and others exercising free expression;
• Promote voluntary self-regulation mechanisms, completely independent of governments, for print media;
• Ensure that the respect of human rights is at the heart of communication surveillance policy. Laws and legal standards governing communication surveillance must therefore be updated, strengthened and brought under legislative and judicial control. Any interference can only be justified if it is clearly defined by law, pursues a legitimate aim and is strictly necessary to the aim pursued.
PEN International
Adil Soz – International Foundation for Protection of Freedom of Speech
Africa Freedom of Information Centre
Albanian Media Institute
Article19
Association of European Journalists
Bahrain Center for Human Rights
Belarusian PEN
Brazilian Association for Investigative Journalism
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Media Freedom and Responsibility
Centre for Independent Journalism – Malaysia
Danish PEN
Derechos Digitales
Egyptian Organization for Human Rights
English PEN
Ethical Journalism Initiative
Finnish PEN
Foro de Periodismo Argentino
Fundamedios – Andean Foundation for Media Observation and Study
Globe International Center
Guardian News Media Limited
Icelandic PEN
Index on Censorship
Institute for the Studies on Free Flow of Information
International Federation of Journalists
International Press Institute
International Publishers Association
Malawi PEN
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Media Rights Agenda
Media Watch
Mexico PEN
Norwegian PEN
Observatorio Latinoamericano para la Libertad de Expresión – OLA
Pacific Islands News Association
PEN Afrikaans
PEN American Center
PEN Catalan
PEN Lithuania
PEN Quebec
Russian PEN
San Miguel Allende PEN
PEN South Africa
Southeast Asian Press Alliance
Swedish PEN
Turkish PEN
Wales PEN Cymru
West African Journalists Association
World Press Freedom Committee
World Press Freedom Day 2015
• Media freedom in Europe needs action more than words
• Dunja Mijatović: The good fight must continue
• Mass surveillance: Journalists confront the moment of hesitation
• The women challenging Bosnia’s divided media
• World Press Freedom Day: Call to protect freedom of expression
12 Mar 2015 | mobile, News and features, Volume 44.01 Spring 2015

Tim Cross and Martha Lane Fox, credit: Mark Boardman
Martha Lane Fox and retired Major General Tim Cross debate how far governments go when balancing individual rights and safeguarding the nation. This is an extract from a longer feature in the latest issue of Index on Censorship magazine.
Martha Lane Fox
When it comes to balancing national security and personal privacy, I believe that your personal data should be your personal data, and that action should be taken based on a case that can be proven, as opposed to looking at everyone in society’s movements and then targeting those who stand out. I am not a fan of the world we seem to be ending up in, and I don’t necessarily believe that it is because of anything malicious. I think it would be better to have a system where your data is your personal property, and there then have to be the same restrictions applied as would be the case if someone wanted to enter your home and go through your belongings or intercept your post.
Tim Cross
Like fighting terrorism, governments have to “fight” with one hand tied behind their backs, but they cannot fight with both hands tied as some would clearly prefer. Individuals will understandably not want governments interfering with, or prying into, their personal privacy, but no one will thank any government if the banking system or consumer supply chains were to collapse. Monitoring cyberspace now forms a key part of any government responsibilities, and is (or should be) included in any national security strategy.
This said, if people fear the state is holding too much data on them unnecessarily and (rightly) demand some semblance of control over what happens with that data, then government is the least of their worries. Leaving aside the fact that government resources are scarce, the idea that some government employee is sitting in a room somewhere carefully sifting through everyone’s email is fanciful. Intelligence and law enforcement have to meet certain criteria including necessity, proportionality and justification. This is absolutely the way it should be. But private firms have no such restrictions in place. Government intelligence and law enforcement agencies are rightly burdened by layers of legality, including authorisations, justifications and audit trails, but big corporations, particularly those whose primary public interface is through cyber means, use and exploit personal details for a wide variety of reasons. While these may sometimes include improving their services, more unpalatably they sell details on to third parties. This is absolutely endemic. Many companies will not allow customers to use their service unless they agree to terms and conditions that essentially mean losing control of their personal details and allowing them to be sold on to the highest bidders. The primary concern of business is making money. Not so with governments, whose intelligence and law enforcement agencies are about deterring/catching enemies and protecting the public.
To read the rest of the debate, click here to subscribe to Index on Censorship magazine. Or buy an individual issue. Or subscribe to the app (free 30-day trial).
Major General (Rtd) Tim Cross (CBE) was commissioned into the British Army in 1971.
He served in Northern Ireland, Macedonia, Albania and Kosovo. He was also the British deputy to the US-led Office of Reconstruction and Humanitarian Affairs, later re-titled the Coalition Provisional Authority. He is chair of the think-tank Theos
Martha Lane Fox is chair of Go On UK, a digital skills charity which helps people to get online. She co-founded travel website lastminute.com, and in 2013 became a crossbench peer in the House of Lords
2 Nov 2014 | Campaigns, Russia, Statements
Aleksandr Bastrykin
Head of the Investigative Committee of Russian Federation
The Investigative Committee of Russian Federation
105005, Russia, Moscow, Technicheskii Lane, 2
Sunday 2 November 2014
Dear Mr Bastrykin,
RE: Request for investigation into the murder of Akhmednabi Akhmednabiyev to be transferred to the Central Investigative Department of the Russian Federation’s Investigative Committee.
On the International Day to End Impunity for Crimes against Journalists (2 November) we, the undersigned organisations, are calling upon you, in your position as Head of the Investigative Committee of the Russian Federation, to help end the cycle of impunity for attacks on those who exercise their right to free expression in Russia.
We are deeply concerned regarding the failure of the Russian authorities to protect journalists in violation of international human rights standards and Russian law. We are highlighting the case of Ahkmednabi Akhmednabiyev, a Russian independent journalist who was shot dead in July 2013 as he left for work in Makhachkala, Dagestan. In his work as deputy editor of independent newspaper Novoye Delo, and a reporter for online news portal Caucasian Knot, Akhmednabiyev, 51, had actively reported on human rights violations against Muslims by the police and Russian army.
His death came six months after a previous assassination attempt carried out in a similar manner in January 2013. That attempt was wrongly logged by the police as property damage, and was only reclassified after the journalist’s death. This shows a shameful failure to investigate the motive behind the attack and prevent further attacks, despite a request from Akhmednabiyev for protection. The journalist had faced previous threats, including in 2009, when his name was on a hit-list circulating in Makhachkala, which also featured Khadjimurad Kamalov, who was gunned down in December 2011. The government’s failure to address these threats is a breach of the State’s “positive obligation” to protect an individual’s freedom of expression against attacks, as defined by European Court of Human Rights case law (Dink v. Turkey).
A year after Akhmednabiyev’s killing, with neither the perpetrators nor instigators identified, the investigation was suspended in July 2014. As well as ensuring impunity for his murder, such action sets a terrible precedent for future investigations into attacks on journalists in Russia. ARTICLE 19 joined the campaign to have his case reopened, and made a call for the Russian authorities to act during the United Nations Human Rights Council (HRC) session in September 2014. During the session, HRC members, including Russia, adopted a resolution on safety of journalists and ending impunity. States are now required to take a number of measures aimed at ending impunity for violence against journalists, including “ensuring impartial, speedy, thorough, independent and effective investigations, which seek to bring to justice the masterminds behind attacks”.
While the Dagestani branch of the Investigative Committee has now reopened the case, as of September 2014, more needs to be done in order to ensure impartial, independent and effective investigation. We are therefore calling on you to raise Akhmednabiyev’s case to the Office for the investigation of particularly important cases involving crimes against persons and public safety, under the Central Investigative Department of the Russian Federation’s Investigative Committee.
Sadly, Akhmednabiyev’s case is only one of many where impunity for murder remains. The investigations into the murders of journalists Khadjimurad Kamalov (2011), Natalia Estemirova (2009) and Mikhail Beketov (who died in 2013, from injuries sustained in a violent attack in 2008), amongst others have stalled. The failure to bring both the perpetrators and instigators of these attacks to justice is contributing to a climate of impunity in the country, and poses a serious threat to freedom of expression.
Cases of violence against journalists must be investigated in an independent, speedy and effective manner and those at risk provided with immediate protection.
Yours Sincerely,
ARTICLE 19
Amnesty International
Albanian Media Institute
Association of Independent Electronic Media (Serbia)
Azerbaijan Human Rights Centre
Center for Civil Liberties (Ukraine)
Center for National and International Studies (Azerbaijan)
Civic Assistance Committee (Russia)
Civil Society and Freedom of Speech Initiative Center for the Caucasus
Committee to Protect Journalists
Glasnost Defence Foundation (Russia)
Helsinki Citizens’ Assembly – Vanadzor (Armenia)
Helsinki Committee of Armenia
Human Rights House Foundation
Human Rights Monitoring Institute (Lithuania)
Human Rights Movement “Bir Duino-Kyrgyzstan”
Memorial (Russia)
Moscow Helsinki Group
Norwegian Helsinki Committee
Index on Censorship
International Partnership for Human Rights
International Press Institute
International Youth Human Rights Movement
IREX Europe
Kazakhstan International Bureau for Human Rights and Rule of Law
Kharkiv Regional Foundation – Public Alternative (Ukraine)
PEN International
Public Verdict Foundation (Russia)
Reporters without Borders
The Kosova Rehabilitation Center for Torture Victims
World Press Freedom Committee
cc.
President of the Russian Federation
Vladimir Putin
23, Ilyinka Street, Moscow, 103132, Russia
Prosecutor General of the Russian Federation
Yury Chaika
125993, GSP-3, Moscow, Russia
st. B.Dmitrovka 15a
Minister of Justice of the Russian Federation
Alexander Konovalov
Ministry of Justice of the Russian Federation
119991, GSP-1, Moscow, street Zhitnyaya, 14
Chairman of the Presidential Council for Civil Society and Human Rights
Mikhail Fedotov
103132, Russia, Moscow
Staraya Square, Building 4
Head of the Investigative Committee of the Russian Federation for the Republic of Dagestan
Edward Kaburneev
The Investigative Committee of the Russian Federation for the Republic of Dagestan
367015, Republic of Dagestan, Makhachkala,
Prospekt Imam Shamil, 70 A
Ambassador of the Permanent Delegation of the Russian Federation to UNESCO
H. E. Mrs Eleonora Mitrofanova
UNESCO House
Office MS1.23
1, rue Miollis 75732 Paris Cedex 15