25 Jan 2023 | FEATURED: Jemimah Steinfield, News and features
In the aftermath of her murder in 2017, the family of Maltese journalist Daphne Caruana Galizia found themselves embroiled in a nasty battle with a London law firm. Dubbed a “one-woman Wikileaks” for her exposures of corruption among Malta’s elite Caruana Galizia had faced 42 civil libel cases and five criminal libel cases while alive. These cases passed posthumously to her family. One of them came from a company that had headquarters in London, meaning they could bring legal action there.
“It was like falling further into a pit,” her son Matthew told me over the phone from Malta. “I never imagined I’d be battling these [legal threats]. Everything that could happen to make the situation worse did happen,” he said.
The UK’s libel laws are notoriously open to abuse (as was reported by openDemocracy yesterday) – and London law firms have been at the beck and call of the powerful worldwide. Cases like Caruana Galizia’s have a name – SLAPPs. An acronym for “strategic lawsuits against public participation”, these heavy-handed legal actions seek to intimidate and deter journalists. Their purpose is not to address genuine grievances but to drain targets of as much time, money and energy as possible in an effort to silence them – and to dissuade other journalists from similar investigations.
The laws are also known to be claimant-friendly, especially those in England and Wales where the burden of proof required from a publisher is enormous, often impossible, effectively meaning the accused is guilty until proven innocent. It’s this quirk, combined with exorbitant fees for both parties, which has made London a SLAPPs breeding ground. A 2020 survey of reporters across 41 countries found the UK was the source of 31% of legal threats against journalists. The USA, by contrast, accounted for 11%, and all EU countries combined for 24%.
But the loopholes in UK law might be closing, finally starving firms that have grown fat on oligarchs’ money. A set of reforms were announced last summer that seek to limit the impact of SLAPPs. The reforms are twofold: first, stop cases before they get to court through a series of tests. Do they go against activity in the public interest, for example? If so, throw them out. Next, cap fees for those cases that do make it through.
Half a year on we are still waiting for reforms that, frankly, can’t come fast enough. SLAPPs have long cast a dark shadow over the UK’s media and publishing landscape. 2022 alone saw the climax of big legal actions against Guardian and Observer journalist Carole Cadwalladr, who was taken to court by multimillionaire Brexit backer Arron Banks as a result of a comment she made on a TEDTalk in Canada, FT journalist Tom Burgis, author of Kleptopia: How Dirty Money is Conquering the World, which led to defamation charges by Kazakh mining giant ENRC, and former Reuters journalist Catherine Belton, who was sued over a number of matters in her book Putin’s People: How the KGB took back Russia and then took on the west, by multiple Russian billionaires, including Roman Abramovich.
Neither Burgis’ nor Belton’s cases made it to a full trial. Burgis’ was dismissed by a judge, while Belton settled after revisions were made to her book. Cadwalladr was less lucky. A trial at London’s High Court took place. At the time she said she feared losing her home and bankruptcy. She managed to crowdfund nearly £600,000 to cover costs, and the judgement ruled in her favour in June (although Banks has since been granted permission to appeal).
Yet even these victories are Pyrrhic ones. In a testimony given in the UK’s House of Commons after his case was dropped, Burgis said: “There is money that will not be got back that could have been spent on other books.”
He added:
“There is always a danger, as I know from conversations with colleagues, that you become an expensive and problematic journalist. In an era when the newspaper business model remains broke and oligarchs are amassing more and more wealth, this inequality of arms is extraordinary.”
Out of the spotlight plenty more battle away, ones with far less funding and backing. Journalists at Swedish business and finance publication Realtid, for example, were recently sued in London in connection with their investigation into the financing of energy projects involving a Swedish businessman. Faced with the prospect of financial ruin, just last week, on 13 January, it was announced that they had settled out of court, on condition that they published an apology.
It’s not just the personal toll on these journalists that is deeply concerning; it’s the industry-wide cost. Fear of legal threats is as damning as the threats themselves. Like the guillotine in revolutionary France, it hovers overhead. Do you meet with the whistleblower whose story might land you a Pulitzer, but also might land you in court? I’ve spoken to editors at desks who have become too scared to touch certain topics; a single strongly-worded letter from a minted London law firm is all it takes to spike an article. A top journalist in the UK, now in his 60s who has reported all over the world, told me that he’s never operated in a more fearful media environment than this. Covering your back is exhausting and the risk of humiliation high too. It demands nerves of steel and a sizeable chunk of liability insurance to boot. Young journalists, small media outfits and freelancers are basically counted out.
How many stories have never seen the light and what information are British readers being deprived of? Speaking at a House of Lords Committee back in April, Thomas Jarvis, legal director at Harper Collins, said the publisher regularly avoids publishing information in books in the UK that would be included in international editions because “the risk of publication in the UK is far greater”. This came from the publisher behind both Belton and Burgis’ books, with a proven record to take risks.
Burgis told me that he feels “incredibly lucky to have been backed so bravely” by his publishers. At the same time he’s angry about “all the information of vital public interest that gets suppressed because there is often today such inequality of arms between journalists (incredibly poor) and the powerful (increasingly rich).”
There’s now a real opportunity for change. The war in Ukraine catapulted SLAPPs to the forefront. With some cases being brought by oligarchs and kleptocrats with links to Putin, there has never been a less fashionable time to be a claimant. The UK also has a new head of state and a new prime minister. What better way to show their commitment to democracy than by closing the legal loopholes.
The tide has been turning against SLAPPs for some time. In early 2021, the UK Anti-SLAPP Coalition emerged, made up of NGOs, individual campaigners and lawyers, co-founded and led by Index. It helped pave the wave for the proposed legislation. Through the coalition’s efforts and a changing international landscape British MPs have started to take SLAPPs seriously. So why not push this legislation across the finish line? Today it stubbornly remains just a proposal, rather than a reality. And, speaking to Gill Phillips, director of editorial legal services at the Guardian, she confirmed some of my fears if it does get passed – namely the devil will be in the detail – and the detail has yet to be finessed. No “definition” of public interest, for example, has been provided. Nor is there a clear definition of what constitutes a SLAPP. This might appear like semantics, but in the case of Cadwalladr the judge didn’t deem the case as SLAPP, a judgment that perplexed many.
Still, all those involved in the Coalition welcomed the proposals when they were first mooted, as did Matthew Caruana Galizia.
“What the government is doing is putting a flag up a pole” he said. He thinks the proposals are good and if passed will improve the situation. He adds though that “we can go further”.
“I say ‘we’ not as a UK citizen – I’m a citizen of Malta – but ‘we’ because ‘we’ all suffer as a result of what the British courts allow. They’ve become a platform to stop investigative journalism.”
Let’s dismantle this platform in 2023. It’s high time to end the trial of media freedom.
30 Sep 2022 | Armenia, Azerbaijan, Burma, Hong Kong, Iran, Kyrgyzstan, Opinion, Ruth's blog, Saudi Arabia, United Kingdom, United States, Zimbabwe
The last week has been unprecedented in global news – although I do feel that every time we see the word unprecedented to refer to current events we’re just tempting fate to make it even worse. Our news has been dominated by crucially important and life-changing stories – the economic turmoil in the UK; the impact of global inflation; the real-life effects of Hurricanes Fiona and Ian on the east coast of Canada and the USA; Putin’s annexation of four more Ukrainian territories; the election of the most right-wing prime minister since Mussolini in Italy and; the suspected nation-state-orchestrated sabotage of the Nord Stream gas pipelines. This has been a busy news week. But beyond the headlines there have been so many other stories, other crises, other issues that in a ‘normal’ week (if there is such a thing anymore) would have demanded our attention.
So this week – I want to do a round-up of what we’ve missed as the world has become an even scarier place for too many people. To remind us all of what else is happening in the world that we’ve missed as we have been glued to the news that is struggling to report on everything that has happened.
- At least 18 journalists have been arrested in Iran for daring to cover the protests which have followed the brutal death of Mehsa Amina, who was beaten by state officials for incorrectly wearing a hijab.
- Prince Mohammed Bin Salman was appointed the Prime Minister of Saudi Arabia by his father, a move seemingly designed to give him an extra layer of legal protection in the ongoing lawsuits relating to the murder of Jamal Khashoggi.
- In an act of extraordinary self-sabotage which will undermine not only the British government’s global soft influence but will also significantly impact the promotion of real news and a free and fair media, the BBC World Service has announced deep cuts to their provision including ending Hindi, Arabic, Persian and Chinese radio services among others.
- Azerbaijan has launched an offensive into Armenia this month, with casualties reported on both sides. Although there is currently a ceasefire, the situation in Armenia looks bleak, with little international attention.
- Border clashes between Kyrgyzstan and Tajikistan have taken nearly 100 lives, with 137,000 people forced to flee the fighting in a week that has marked the worst violence in the area for years.
- The former democratic leader of Myanmar, Aung San Suu Kyi, has had a further three years added to her detention in a closed trial – her total sentence is now 23 years. In addition one of her advisors, the Australian citizen Sean Turnell, has also been sentenced to a three-year prison sentence by the military junta.
- In Zimbabwe, author Tsitsi Dangarembga has been arrested and fined for protesting against the government in the latest sign of a government crackdown against dissent.
- In Hong Kong, a man who attended the British Consulate in order to mark the passing of her Majesty Queen Elizabeth II has been arrested and charged with sedition for playing the British national anthem on his harmonica.
- A new report from Global Witness has highlighted the fact that an environmental activist is killed every two days while trying to prevent or expose aggressive forms of industry.
- In numerous states in the USA the impact of the end of Roe v Wade is now being felt. The University of Idaho has issued guidance informing faculty that they must remain neutral on issues relating to abortion or face dismissal – the rights afforded under academic freedom will not extend to this area.
- In the UK the Court of Appeal considered the case of the Colston 4 and the toppling of the statue of Edward Colston in Bristol. The judgement is far from ideal – and removes the human rights defence for future similar acts.
These are just a few of the dozens of stories that many of us missed this week while the world is in turmoil. As ever the role of Index is to make sure that these stories and those of dissidents are not ignored or forgotten.
19 Sep 2022 | China, News and features
Huang Xueqin (left) and Wang Jianbing (right)
Today, 19 September 2022, marks one year in detention for two young Chinese human rights defenders: Huang Xueqin, an independent journalist and key actor in China’s #MeToo movement, and Wang Jianbing, a labour rights advocate.[1]
We, the undersigned civil society groups, call on Chinese authorities to respect and protect their rights in detention, including access to legal counsel, unfettered communication with family members, their right to health and their right to bodily autonomy. We emphasise that their detention is arbitrary, and we call for their release and for authorities to allow them to carry out their work and make important contributions to social justice.
Who are they?
In the 2010s, Huang Xueqin worked as a journalist for mainstream media in China. During that time, she covered stories on public interest matters, women’s rights, corruption scandals, industrial pollution, and issues faced by socially-marginalized groups. She later supported victims and survivors of sexual harassment and gender-based violence who spoke out as part of the #MeToo movement in China. On 17 October 2019, she was stopped by police in Guangzhou and criminally detained in RSDL for three months – for posting online an article about Hong Kong’s anti-extradition movement.
Wang Jianbing followed a different path, but his story – like Huang’s – demonstrates the commitment of young people in China to giving back to their communities. He worked in the non-profit sector for more than 16 years, on issues ranging from education to disability to youth to labour. Since 2018, he has supported victims of occupational disease to increase their visibility and to access social services and legal aid.
Arbitrary and incommunicado detention
On 19 September 2021, the two human rights defenders were taken by Guangzhou police; after 37 days, they were formally arrested on charges of ‘inciting subversion of state power’. Using Covid-19 prevention measures as an excuse, they were held for five months in solitary confinement, and subject to secret interrogation, in conditions similar to those of ‘residential surveillance in a designated location’, or RSDL. After months of delays and no due process guarantees, their case was transferred to court for the first time in early August 2022.
We strongly condemn the lengthy detentions of Huang and Wang. In a Communication sent to the Chinese government in February 2022, six UN independent experts – including the Special Rapporteur on human rights defenders and the Working Group on arbitrary detention (WGAD) – raised serious concerns about Wang’s disappearance and deprivation of liberty. They asserted that Wang’s activities were protected and legal, and that Chinese authorities used a broad definition of ‘endangering national security’ that runs counter to international human rights law.
In May 2022, the WGAD went one step further, formally declaring Wang’s detention to be ‘arbitrary’ and urging authorities to ensure his immediate release and access to remedy. Noting other, similar Chinese cases, the WGAD also requested Chinese authorities to undertake a comprehensive independent investigation into the case, taking measures to hold those responsible for rights violations accountable.
We echo their call: Chinese authorities should respect this UN finding, and immediately release Huang Xueqin and Wang Jianbing.
Risks of torture and poor health
In addition to the lack of legal grounds for their detention, we are also worried about conditions of detention for Wang and Huang. Using ‘Covid-19 isolation’ as an excuse, Wang was held incommunicado, during which he was subject to physical and mental violence and abuse. His physical health deteriorated, in part due to an irregular diet and inadequate nutrition, while he also suffered physical and mental torment and depression. UN and legal experts have found similar risks, possibly amounting to torture and cruel, inhumane or degrading treatment, in other Chinese detention practices – including RSDL. According to the United Nations Standard Minimum Rules for the Treatment of Prisoners (the ‘Mandela Rules’), prolonged solitary confinement – solitary confinement lasting more than 15 days – should be prohibited as it may constitute torture or ill-treatment.
Even more concerning are detention conditions for Huang Xueqin, because during the year she has been deprived of her liberty – again, without formal access to a lawyer or communication with her family – no one, including a legal counsel of her choosing, has received formal notification of her situation. We are deeply worried about her physical and mental health, and reiterate that incommunicado detention is a grave violation of international law.
Lack of fair trial guarantees
Given the circumstances, many brave Chinese lawyers may have stepped up to defend Huang Xueqin. But we are alarmed that Huang has been prevented from appointing a lawyer of her choice. In March 2022, her family stepped in, appointing a lawyer on her behalf; she was not allowed to meet her client or see the case file. Nonetheless, that lawyer was dismissed – according to authorities, with Huang’s approval – after just two weeks. The right to legal counsel of one’s choosing is not only a core international human rights standard, but a right guaranteed by the Criminal Law of the PRC.
Chilling effect on rights defence
As is too often the case in China, the authorities’ ‘investigation’ into Huang’s and Wang’s case has had concrete impacts on civil society writ large. Around 70 friends and acquaintances of the two defenders, from across the country, have been summoned by the Guangzhou police and/or local authorities. Many of them were interrogated for up to 24 hours – some for several times – and forced to turn over their electronic devices. The police also coerced and threatened some individuals to sign false statements admitting that they had participated in training activities that had the intention of ‘subverting state power’ and that simple social gatherings were in fact political events to encourage criticism of the government. The Chinese government has been repeatedly warned by UN experts that the introduction of evidence stemming from forced or coerced confessions is a violation of international law and that officials engaged in this practice must be sanctioned.
A call for action
One year on, we call on the Chinese authorities to respect human rights standards, and uphold their international obligations, in the cases of Huang Xueqin and Wang Jianbing. Until Chinese authorities implement UN recommendations and Huang and Wang are released, the relevant officials should:
- Ensure that Huang and Wang can freely access legal counsel of their own choosing, and protect the rights of lawyers to defend their clients.
- Remove all barriers to free communication between Huang and Wang and their families and friends, whether in writing or over telephone.
- Provide comprehensive physical and mental health services to Huang and Wang, including consensual examinations by an independent medical professional, and share the findings with lawyers and family members, or others on request.
- Guarantee that Huang and Wang are not subjected to solitary confinement or other forms of torture or cruel, inhumane and degrading treatment, and that the conditions of their detention comply with international human rights standards.
- Cease actions that aim to intimidate and silence members of civil society from engaging in advocacy for the protection of rights, and ensure that no evidence from coerced confessions is permissible in Huang’s and Wang’s – or anyone else’s – court proceedings.
Signed:
ACAT-France
Amnesty International
Center for Reproductive Rights
Center for Women’s Global Leadership, Rutgers University
Changsha Funeng
China Against the Death Penalty
China Labour Bulletin
CSW (Christian Solidarity Worldwide)
International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
Frontline Defenders
Hong Kong Outlanders
Hong Kong Outlanders in Taiwan
Human Rights in China
Human Rights Now
Index on Censorship
International Service for Human Rights
Lawyer’s Rights Watch Canada
Network of Chinese Human Rights Defenders
NüVoices
Reporters Without Borders (RSF)
Safeguard Defenders
台灣人權促進會 Taiwan Association for Human Rights
Taiwan Labour Front
The Rights Practice
Uyghur Human Rights Project
World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders
[1] As their cases are deeply connected, their friends and supporters refer to them as a single case called the ‘Xuebing case’, using a portmanteau of their first names.
