Trying to sanitise our online lives through regulation will just mask tensions

Last weekend I made an error. I posted a photo on my personal social media account of some political campaigning I’d done. As a former MP, it would have surprised no one. It was the very essence of unremarkable. Yet the response this picture of six smiling friends generated was extraordinary, both in its ferocity and deeply hateful nature.

I’m not going to use the privilege that my role gives me to list the attacks in any detail.  Index is not my personal hobby horse; we aren’t party political, and work with stakeholders across the world who share our commitment to the liberal value of free expression, regardless of their personal politics. This of course means that people have the absolute right to express themselves as they see fit – including their views about me.

But here’s the rub. Because just as someone has the right to say something, or more often than not type something, doesn’t mean that the target of their comments is obliged to hear it – or read it. People have the right to speak; what they do not have is the right to be heard by the target of their ire.So when people exercise their right to criticise those in the public eye, it’s important for all those involved in the conversation to understand that when a line is crossed and abuse becomes threats, laws are being broken. And this has consequences.

The furore my innocuous tweet generated was a timely reminder of quite how horrible online discourse can become, and quite how quickly. A pile-on sees “banter” morph seamlessly into abuse, from which seep the inevitable threats. It is a pattern as old as social media itself, and is all the more common for women in the public eye, especially those who come from a minority community.

Rarely a week goes by when I am not tempted to shut all my accounts down, turn off my access and with it, mute the hate. But I am then reminded of the good that can come from social media – knowing that your friends and family are safe in the midst of a crisis, being able to reach out to former friends and colleagues, and of course being able to seek help when you need it. For Index, it is also an invaluable tool in not only shining a light on the actions of repressive regimes, but of amplifying the stories of dissidents with stories that demand to be heard. it is also a literal lifeline when communicating with correspondents and sources when no other platform is available.

All of which makes moves by governments in the UK and further afield to regulate our online space a minefield unlike any other. The British government is currently legislating to make our online world “safer”. The Canadians and Australians are doing the same, as is the European Union.

My overriding concern is that we are witnessing governments trying to legislate for cultural change. And this is a recipe for failure before any law makes it onto the statute books.

Trying to limit debate and sanitise our online lives through regulation simply masks the tensions, divisions and prejudices that exist in our societies rather than tackling the underlying causes. This is not a counsel of despair, nor a position that says regulation shouldn’t exist. Of course more can be done to make us all safer online, but we need to find the right balance in order to protect ourselves and those that we care about. We need to learn how to use the platforms properly, harnessing the indisputable good of social media while limiting our exposure to the bad. We also need to decide as citizens how we want to manage this space and – perhaps most crucially of all – who should do it. If we decide collectively that our online conversation needs more regulation than a visit to the pub (hint– it shouldn’t), then I for one would like our democratically elected politicians to determine where those lines are drawn, not an algorithm written by a Tech giant or an anonymous regulator.

Which brings me back to the weekend. My mistake wasn’t campaigning, or even tweeting about it, but rather not using the tools available to me to manage my social media and how I wanted to use it. I failed to protect myself. In an ideal world I shouldn’t have to – but my reality online is far from ideal, so going forward I will be limiting how I use social media (again) and how I engage with people. The reality is this doesn’t limit anyone else’s free expression, only my own. Which is my choice.

I run one of the oldest free expression organisations in the UK. We are 50 years old next month. I spend my professional life campaigning to make sure that the persecuted are heard – that people are not silenced for expressing themselves, protecting people’s right to have an opinion regardless of whether it is popular or not. I won’t spend my time defending the indefensible – the bullies, the racists, the misogynists, and the trolls. They have a right to speak but I have the right to ignore them, which is what they deserve.

Will athletes risk the wrath of Beijing to stand up for human rights?

Athlete protest has been almost as common a feature of the Olympic Games as elite sporting achievement since its modern inception at the turn of the 20th century.

At the 1906 Games, Irish triple jumper Peter O’Connor protested his registration as a British athlete – Ireland did not have a national Olympic committee at the time – by scaling the flagpole during the award ceremony and waving an Irish flag.

The official recognition of the Games as a platform for protest happened in 1955 when then president of the International Olympic Committee (IOC) Avery Brundage wrote guidelines into the Olympic bylaws. These stated that Olympic host cities had to ensure “no political demonstrations will be held in the stadium or other sport grounds, or in the Olympic Village, during the Games, and that it is not the intention to use the Games for any other purpose than for the advancement of the Olympic Movement”.

This did not stop perhaps the best known of all Olympic protests – the Black Power demonstrations at the 1968 Mexico Olympics when American 200-metre athletes John Carlos and Tommie Smith raised their gloved hands in salute during the US national anthem.

Further changes to athletes’ rights to express themselves were codified in a 1975 update to the Olympic Charter in rule 55, which simply said, “Every kind of demonstration or propaganda, whether political, religious or racial, in the Olympic areas is forbidden”.

The IOC has since moved away from this total ban and now declares itself to be “fully supportive of freedom of expression”.

And yet the most recent version of the rule on athlete expression, now known as Rule 50, state that “no kind of demonstration or political, religious or racial propaganda is permitted in any Olympic sites, venues or other areas”. It does though allow for expressing views outside Olympic sites and venues or before and after the Games. Athletes are also permitted to express their views in press conferences, during interviews and through their own social media channels.

In 2020 IOC member Dick Pound wrote: “Everyone has the right to political opinion and the freedom to express such opinions. The IOC fully agrees with that principle and has made it absolutely clear that athletes remain free to express their opinions in press conferences, in media interviews and on social media. But, in a free society, rights may come with certain limitations. Rule 50 restricts the occasions and places for the exercise of such rights. It does not impinge on the rights themselves.”

Athletes recognised just how much of a platform the games give them to express themselves, particularly with the global, 24-hour coverage afforded to it in modern times. As a result, they’ve always pushed back against bans.  For example, at the delayed 2020 Tokyo Olympics, many athletes and teams took the knee in support of the Black Lives Matter movement within Olympic venues.

So what can we expect from Beijing?

When China last hosted the Olympics in Beijing in 2008, it was a dramatically different country. One continuity was the human rights situation and there were protests organised by activists about human rights abuses in Tibet during those Games. Athletes however kept quiet.

A huge amount has changed in the 14 years since the 2008 Beijing Olympics. Athletes may feel very tempted to speak out. The wider world has been made aware of the Uyghur genocide, involving sterilisation, forced education in detention centres, the disappearance of activists and threats around the world against those who do speak out on the atrocities.

China has also cracked down in Hong Kong, effectively ending the one country, two systems policy. It has introduced the national security law, closed down independent media outlets and jailed political opponents.

Meanwhile, its other abuses – such as those in Tibet – have not gone away. Nor has concern over Chinese tennis star Peng Shuai, who disappeared late last year after she accused a top official of sexual misconduct.

At the Australian Open in January, athletes did use their platform to speak out about Peng Shuai. It would stand to reason the same would happen in Beijing. And yet China is not Australia.

While the rules governing freedom of expression at the Games have been loosened in the wake of athlete protests, Chinese officials have done little to ease concerns over athletes expressing themselves in Beijing. In mid-January, the deputy director of the Beijing organising committee Yang Shu said that “Any expression that is in line with the Olympic spirit I’m sure will be protected.” She then added, “Any behaviour or speech that is against the Olympic spirit, especially against the Chinese laws and regulations, are also subject to certain punishment.”

Basically, speak out and risk prison. It’s a high price to pay.

Then there’s the question of technology. Unlike 2008 when social media was in its infancy, China will be very worried about the potential for protest to reach a much wider audience than before. Anyone making comments on social media from inside the country will be required to communicate with the world through Chinese telecoms companies.

In December, VOA News reported that China has committed to switch off its Great Firewall for athletes and accredited media in the Olympic Village, competition and noncompetition venues, and contracted media hotels.

Just because the Firewall is being relaxed does not mean what athletes say over social media is not being monitored.

One particular concern for athletes at the Games is the requirement to download an app called MY2022 before arriving in China. The app is ostensibly there to maintain a closed loop system relating to Covid measures. However, researchers at Canada’s Citizen Lab says the app is not secure, leading a number of national Olympic committees, including the USA, Canada, the Netherlands and the UK, to advise their athletes to leave their personal devices at home.

In a statement shared with athletes, Canada’s national committee wrote, “We’ve reminded all Team Canada members that the Olympic Games present a unique opportunity for cybercrime and recommended that they be extra diligent at Games, including considering leaving personal devices at home, limiting personal information stored on devices brought to the Games, and to practice good cyber-hygiene at all times.”

The app also has a number of other features beyond health, such as AI-powered translation and weather, and real-time messaging and audio. Citizen Lab says it also includes features that allow users to report “politically sensitive” content while the Android version includes a censorship keyword list.

The organisation said, “We discovered a file named illegalwords.txt which contains a list of 2,442 keywords generally considered politically sensitive in China. However, despite its inclusion in the app, we were unable to find any functionality where these keywords were used to perform censorship. It is unclear whether this keyword list is entirely inactive, and, if so, whether the list is inactive intentionally.”

The list includes terms such as Xi Jinping, Tiananmen riot, Dalai Lama, Xinjiang and forced demolition. Citizen Lab says that many of the terms are in Uyghur or Tibetan scripts, something that is “not common” in other censored apps such as WeChat and YY.

It is highly likely that one or more principled athletes will use the Beijing Games to make a stand over Xinjiang, Tibet or Hong Kong. The question is whether, with the world watching, China will dare to take them to task.

CCP censorship extends well beyond the Olympic Games, including the targeting of Chinese minorities overseas. Index has investigated the extent to which the Chinese government is using its technological and economic leverage, combined with cultural and diplomatic networks, to intimidate, silence, and discredit Uyghurs in Europe. The report – China’s Long Arm: How Uyghurs are being Silenced in Europe – will be published on 10 February 2022. 

Get a free ticket to the launch event here, titled Banned By Beijing: How can Europe stand up for Uyghurs? After the event, check out our website’s Banned By Beijing page to read the report.”

Contents – Playing with fire: how theatre is resisting the oppressor

The Winter issue of Index magazine highlights the battles fought by theatre of resistance across the world and how they’ve been enduring different forms of censorship.

Writer Jonathan Maitland dives deeply into the history of theatre censorship in the United Kingdom and explains why British playwrights need to lose their fear and be bolder. Kaya Genç and Meltem Arikan provide a good overview of the situation in Turkey in the most recent years, where theatres have been closed down in Istanbul.

Natasha Tripney analyses the impacts of an exaggerated nationalism and how it restrains plays from moving forward.

The theatre of resistance, by Martin Bright: Index has a long history of promoting the work of dissident playwrights.

The Index: Free expression around the world today: the inspiring voices, the people who have been imprisoned and the trends, legislation and technology which are causing concern.

Women journalists caught in middle of a nightmare, by Zahra Nader: Many Afghan journalists –women in particular – have fled the Taliban or are in hiding from the brutal regime.

Hope in the darkness, by Jemimah Steinfeld: Nathan Law, one of the leaders of Hong Kong’s protest movement, is convinced that the repression will not last forever. We publish an extract from his new book.

Speaking up for the Uyghurs, by Flo Marks: Exeter university students have been successfully challenging the institution’s China policy, but much more needs to be done.

Omission is the same as permission, by Andy Lee Roth and Liam O’Connell: Malaysia’s introduction of emergency powers to deal with “fake news” was broadly ignored by the Western media – and that only emboldened the government.

I can run, but can I hide?, by Clare Rewcastle Brown: Journalist Clare Rewcastle Brown is a wanted woman in Malaysia – and the long reach of Interpol means there are now few places where she can consider herself safe.

Dream of saving sacred land dies in the dust, by Scarlett Evans: Australia’s mining industry is at odds with the traditional beliefs of the Aboriginal population and it is taking its toll on the country’s indigenous heritage.

Bylines, deadlines and the firing line, by Rachael Jolley: It’s not just pens and notebooks that journalists need in the USA, it’s sometimes gas masks and protective vests, too.

Cartoon, by Ben Jennings: “I’ve done my own research.”

Maltese double cross, by Manuel Delia: Four years on from Daphne Caruana Galizia’s murder, lessons have not been learned and justice for the investigative journalist’s family remains elusive.

“Apple poisoned me physically, mentally and spiritually”, by Martin Bright: A former Apple employee, who was fired by the tech giant after blowing the whistle on toxic waste under her office, says her fight will go on.[

]Keeping the flame alive as theatre goes dark, by Natasha Tripney: Theatre across the world is fighting new waves of repression, intolerance and nationalism, as well as financial cuts, at a time when a raging pandemic has threatened its existence.

Testament to the power of theatre as rebellion, by Kate Maltby: The Belarus Free Theatre, whose 16 members have now gone into exile to escape the Lukashenka regime, are preparing to perform at the Barbican in London.

My dramatic tribute to Samuel Beckett and catastrophe, by Reza Shirmarz: More than three decades after Index published the celebrated playwright’s work dedicated to the Czech dissident Vaclav Havel, the censored Iranian writer Reza Shirmarz has responded with his own play, Muzzled.

Why the Taliban wanted my mother dead, by Hamed Amiri: The author of The Boy with Two Hearts on why and how the family fled Afghanistan.

The first steps- Across Europe with Little Amal, by Joe Murphy and Joe Robertson: Good Chance Theatre on their symbolic take on the long journey of refugees from Syria to the UK.

Fighting Turkey’s culture war, by Kaya Genç: Theatres have been shuttered in Istanbul but the fightback by directors and playwrights continues.

I wrote a play then lost my home, my husband and my trust, by Meltem Arikan: The exiled Turkish playwright’s Mi Minör was blamed for the Gezi Park protests.

Where silence is the greatest fear, by Issa Sikiti da Silva: How Kenyan theatre has suffered under a succession of corrupt rulers, hot on the heels of colonial repression.

Censorship is still in the script, by Jonathan Maitland: British theatre has lost its backbone and needs to be more courageous.

God waits in the wings…ominously, by Guilherme Osinski and Mark Seacombe: A presidential decree that art must be ‘sacred’ has cast a free-speech shadow over Brazilian theatre.

Elephant that should be in Nobel Room, by John Sweeney: The winners of this year’s Peace Prize deserve their accolade, but there is another who should have taken the award.

We academics must fight the mob – now, by Arif Ahmed: The appalling hounding of Kathleen Stock at Sussex University is a serious threat to freedom of speech on campus.

So who is judging Youtube?, by Keith Kahn-Harris: Accused by the video behemoth of spreading misinformation, the author conducted an experiment in an effort to understand how the social media platform policies its content.

Why is the world applauding the man who assaulted me?, by Caitlin May McNamara: It is time for governments and businesses to decide where their priorities lie when it comes to the Middle East.

Silence is not golden, by Ruth Smeeth: As we enter a new year, Index will continue to act as a voice for those unable to use their own.

The road of no return, by Flo Marks and Aziz Isa Elkun: The Uyghur activist and poet, exiled in the UK, yearns for his family and friends imprisoned in Chinese concentration camps.

Bearing witness through poetry, by Emma Sandvik Ling: Poets are often on the frontlines of protest.

The people’s melody, by Mark Frary: For the first time, English readers can now experience the joys of Ethiopian poetry written in Amharic thanks to the work of Alemu Tebeje and Chris Beckett.

No corruption please, we’re British, by Oliver Bullough: The UK has developed a parallel vocabulary to avoid labelling anyone with the c-word … until now.

Lawsuits against the author and publisher of Putin’s People are SLAPPs

Writer Catherine Belton

The undersigned organisations express their serious concern at the legal proceedings that are being brought against journalist and author Catherine Belton and her publisher HarperCollins.

The two defamation lawsuits are being brought by Russian businessman Roman Abramovich and the Russian state energy company Rosneft in relation to Belton’s book, Putin’s People: How the KGB took back Russia and then took on the West, which was published in April 2020.

Abramovich’s complaint relates to 26 extracts in the book, including the suggestion that his purchase of Chelsea Football Club in 2003 was directed by Russian president, Vladimir Putin. Rosneft’s complaint relates to claims that they participated in the expropriation of Yukos Oil Company, which had been privately owned by businessman Mikhail Khodorkovsky. Both claims were filed in March 2021.

“We believe that the lawsuits against Belton and HarperCollins amount to strategic lawsuits against public participation (SLAPPs),” the organisations said, referring to a form of legal harassment used by wealthy and powerful entities to silence journalists and other public watchdogs. 

“SLAPPs are used to drain their targets of as much time, money, and energy as possible in order to bully them into silence. The individual may be sued personally and several lawsuits may be brought at the same time, including in different jurisdictions,” the organisations said. “These are hallmarks of SLAPPs, and they’re consistent with what Belton and HarperCollins have faced.”

Five separate claims were initially filed against Belton and HarperCollins, but three have since been resolved without the need for costs or damages being awarded to the claimants. In June 2021, Abramovich filed an additional lawsuit against HarperCollins in Australia in relation to Belton’s book.

“We, once again, urge the UK government to consider measures, including legislative reforms, that would protect public watchdogs from being subject to burdensome, lengthy, and financially draining legal actions, which can stifle public debate,” the organisations concluded. “Our democracy relies on their ability to hold power to account.”

SIGNED:

ARTICLE 19

Association of European Journalists (AEJ)

AEJ Polish Section

Blueprint for Free Speech

Campaign for Freedom of Information in Scotland (CFoIS)

Citizen Network Watchdog Poland

Cyrus R. Vance Center for International Justice

English PEN 

European Centre for Press and Media Freedom (ECPMF)

Index on Censorship

IFEX

Justice for Journalists Foundation

National Union of Journalists (NUJ)

OBC Transeuropa (OBCT)

PEN International

Reporters Without Borders (RSF)

Society of Journalists, Warsaw

Spotlight on Corruption

The Daphne Caruana Galizia Foundation

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