5 Oct 2023 | Uncategorized
Beijing Coma – Ma Jian
In the lead up to the Beijing Olympics, when China was on a global charm offensive, Ma Jian’s book Beijing Coma was published. Through the central character Dai Wei, a protester who was shot in Tiananmen Square and fell into a deep coma, Ma presented the other side of the country, an insecure nation afraid of its past and struggling with its present. Ma stated that he wrote the book “to reclaim history from a totalitarian government whose role is to erase it”. I raced through it, went to several book talks he gave and, given the epic proportions of the novel, even enquired about buying the film rights. They were available but I was told that was because few studios would dare take on a work so confronting. To this day the book remains banned in China and no film of it has yet to be made. We are the worse off for that. Jemimah Steinfeld
Are you there God? It’s me Margaret – Judy Blume
As the only child of an amazing single parent, books were a core feature of my childhood. A trip to the library was a joy and visits to the bookshop were a special treat. Getting lost in the pages of a book every night was my happy place and my favourite author as a teenager was Judy Blume. Blume writes beautifully and takes the reader on a journey of exploration of a teenage mind – helping you realise you aren’t alone in being challenged by new experiences and feelings. While from an Index perspective I should say that my favourite book was the one most banned – Forever (which I loved), my absolute favourite was actually Are you there God? It’s me Margaret. As the only Jewish kid at my school I related to Margaret’s internal conflict and her personal relationship with G-d. Blume remains a personal heroine and every effort to ban her books confirms why the work of Index on Censorship is so important. Ruth Anderson
Lady Chatterley’s Lover – DH Lawrence
I had to read DH Lawrence’s Lady Chatterley’s Lover at school. I hated it. But I did enjoy the ironies that the attempted prosecution of it for “obscenity” totally undermined the state of the obscenity laws at the time and the court case reaffirmed art’s freedom to say pretty much anything it liked, as long as it was judged to be of literary merit (whatever that means). Those who tried to suppress the book only succeeded in fanning the flames of public interest exponentially, beyond who might otherwise have read it without all the hoo-ha and salacious interest whipped up around it. Public interest was the other marker of whether the book should be permitted, so in bringing the prosecution it rather ensured the inevitable failure of the case. The trial has also been highlighted as the start of societal values changing and ushering in the more permissive 1960s. None of this impacted on DH Lawrence, since he’d been dead for 30 years. Publishers had self-censored by holding off publication until Penguin Books took the plunge and British society was probably never the same again. Now, if only a book could have such a societal impact in the 21st century… David Sewell
The Satanic Verses – Salman Rushdie
The Satanic Verses was the subject of a fatwa issued by the Supreme Leader of Iran, Ayatollah Khomeini in 1989, which called for the assassination of its author, Salman Rushdie. The novel is Rushdie’s masterpiece: a comic take on the life of Muhammad that also wraps in the British Indian immigrant experience, Bollywood, Sikh separatism and Hinduism. Its ambition is vast and it deserves to be celebrated as one of the greatest novels of the 20th century. Its legacy will live well beyond the regime which forced its author into hiding. Martin Bright
Spycatcher – Peter Wright
I was at university in London when Peter Wright’s Spycatcher was first published and Margaret Thatcher’s government banned it. Wright was a former assistant director of MI5, who was annoyed about the security service’s pension arrangements and decided to blow the whistle over its shadier activities in order to recoup some money for his retirement in Australia. In the 1980s, the workings of the security services were shrouded in secrecy and the book caused huge ripples with its stories of Soviet moles and the then advanced technologies that were being used to spy on Britain’s ‘enemies’. I still remember reading the first chapter and finding out that a nondescript building around the corner from my university department I passed every day was used by MI5 for its covert operations. As the book was not banned in Australia or Scotland, its contents gradually leaked and Thatcher’s government was forced to admit defeat and the book ban was dropped. Mark Stimpson
The Handmaid’s Tale – Margaret Atwood
Look on the shelves of certain school districts in Texas, Michigan and Florida and you’ll find an empty space where The Handmaid’s Tale used to be, after book challenges led to its removal. Atwood’s most famous book might have been published in 1985, but it still has the power to scare self-appointed censors today. The graphic novel, too, is just as excellent and just as hated by censors. In the dystopian Gilead patriarchal structures are taken to the absolute extreme. A woman’s body is not her own – she is judged by her capacity for baby-making. Even her vocabulary is closely monitored. But the way this society was created is even more concerning, with events in the novel inspired by real-world happenings. It’s a book worth reading again and again – it hit home differently when I was a wide-eyed student to how it does now that I’m a mother, and still sends the same chill in a 2023 context. Katie Dancey-Downs
To Kill a Mockingbird – Harper Lee
Harper Lee’s classic 1960 novel To Kill a Mockingbird explores complex themes of race, justice, and humanity, bringing a degree of warmth to heavy subject matter by using the perspective of child protagonist Scout Finch to invoke a sense of innocence, even while tackling difficult topics. Although the book is considered a modern classic, it has been subject to bans and challenges due to its use of profanity, racial slurs, and adult themes. The language and subject matter may make it an uncomfortable read for some, but the overriding message of tolerance and morality is both important and necessary. Daisy Ruddock
Animal Farm – George Orwell
There’s always a book you read that, when you reflect back on, has made an impression on your whole life. For me it was Animal Farm by George Orwell. I first read the book as a teenager and it made me think about the meaning behind the role of governments and the issues of right and wrong, greed and the corruption of power. When I watched the world news and saw the power and restrictions that states placed on their citizens, a book published in 1945 showed me how the world turns and how little change there can be without true democracy. Cathy Parry
His Dark Materials trilogy – Philip Pullman
The His Dark Materials Trilogy by Philip Pullman made its way to me through my grandmother. This was how I often got the books that have stuck with me nearly two decades later. I wonder whether she knew what she did would be so frowned upon by those in the US states who took offence to its apparent “anti-Christian” message? His Dark Materials is glorious collection of young adult books, which snuck in complex messages without patronising the readers. In fact, it challenges and provokes the readers in a manner that sent my teenage brain racing. Also how can you not love a polar bear wearing armour? Nik Williams
The Bell Jar – Sylvia Plath
The Ireland that I was born into was a cold house for women. There was no access to abortion, no divorce and marital rape had only recently been outlawed. Since then, public opinion has been reshaped and laws have been liberalised, largely as a result of ordinary women speaking out about their personal experiences. That’s why The Bell Jar by Sylvia Plath is important. It’s a rare example of a canonical work about the life of a young woman as told in her own words. The semi-autobiographical novel, which was previously banned in Ireland and remains banned in some US states, is a coming-of-age story following a young woman at odds with 1950s US society. It challenges the conventional roles of women and explores the difficult, and still tabooed, subject of mental illness. Jessica Ní Mhainín
21 Sep 2023 | News, Slapps, United Kingdom
Over 60 editors, journalists, writers, publishers, academics and experts, including the CEOs of ITN and Pan Macmillan, as well as the editors of The Guardian, The Telegraph, The Sun, The Times and The Sunday Times, the Financial Times, Bloomberg, Private Eye, Tortoise and The Mirror have written to Justice Secretary Alex Chalk KC MP to request that a standalone anti-SLAPP Bill is included in the King’s Speech. The letter has been sent ahead of the King’s Speech on 7 November, in which the Government will outline its priorities for the forthcoming parliamentary session.
The Government has already committed to bring forward a package of measures that take aim at Strategic Lawsuits Against Public Participation (SLAPPs). Launching the commitment in July 2022, the former Justice Secretary, Dominic Raab said: “I’m announcing reforms to uphold freedom of speech, end the abuse of our justice system, and defend those who bravely shine a light on corruption.” However, over a year after that commitment was made there has been little progress towards universal protection against SLAPPs. While limited anti-SLAPP provisions have been included in a recent amendment to the forthcoming Economic Crime and Corporate Transparency Bill, this is only a partial victory.
“As an important part of the global financial system, it is vital that the UK ensures journalists and public watchdogs are able to continue their work without risking legal harassment. However, this amendment does not go far enough as it only covers claims relating to the ‘public interest in protecting society from economic crimes’” the signatories said in their letter to the Justice Secretary. “It also introduces an unnecessary element of uncertainty by making the operation of the law contingent on the belief of the defendant and the perceived purpose of the filer.”
As this King’s Speech is the last to take place during this Parliament and before the expected next general election, it is the last opportunity for this Government to realise its commitment to stamp out SLAPPs. The UK Anti-SLAPP Coalition’s Model Anti-SLAPP Law produced with support from leading legal and industry experts, provides a road map towards protecting public watchdogs from legal harassment. Index on Censorship is a co-chair of the UK Anti-SLAPP Coalition which coordinated and sent the letter.
“ITN supports this initiative as an organisation committed to ensuring that journalists can undertake public interest investigations without fear of harassment or financial penalty. ITN’s motto is to bring truth to life, which is based on 67 years of independent journalism, and the belief that stories we can trust empower us all. An Anti-SLAPP Bill would signal to the world that the UK proudly supports journalism that can ask difficult questions and hold power to account and ultimately improve the world we live in.”
Rachel Corp, CEO of ITN
“This campaign to address the misuse of libel laws to the detriment of serious journalism is gathering the momentum it deserves. This country is unique in the hurdles it presents for public interest investigations and the chilling effect of its law before stories are even published. Independent, fearless journalism comes at a premium and our laws should not be used as an additional obstacle to publication.”
Pia Sarma, editorial legal director at Times Newspapers Ltd
“Until there are serious legislative steps, taken by Parliament to address the abuse of the UK legal system to target journalists, it’s safe to assume those abuses will continue. My own case demonstrates the absurdity of the current situation, and inaction at this stage is nothing less than complicity in the further abuse of the UK legal system, and a sad reflection on the inability of the British government to take blindingly obvious action on protecting fundamental democratic principles.”
Eliot Higgins, founder of Bellingcat
“SLAPPs are a real and growing threat to democracy, and we will all benefit from protecting journalists against these abusive lawsuits.”
Paul Caruana Galizia, reporter at Tortoise
“Many victims of sexual violence already go through immense amounts of internalised shame, especially when failed by the justice system. As a result, social media is now often sadly our last hope to protect others from abuse. But now, when we finally dare speak, we’re punished by SLAPP threats that are designed to destroy. It’s not a fair fight.”
Nina Cresswell, journalist, writer and former SLAPP target
The letter and list of signatories are below. Alternatively click here to read a PDF version
Sent Electronically
Mr. Alex Chalk KC MP, Secretary of State for Justice
Rt. Hon. Rishi Sunak MP, Prime Minister of the United Kingdom
Rt. Hon. Lucy Frazer KC MP, Secretary of State for Digital, Culture, Media and Sport
Rt. Hon. James Cleverly MP, Secretary of State for Foreign, Commonwealth and Development Affairs
Ms. Shabana Mahmood MP, Shadow Labour Secretary of State for Justice
Rt. Hon. Alistair Carmichael MP, Liberal Democrat Spokesperson for Home Affairs, Justice and Northern Ireland
Mr. Chris Stephens MP, Shadow SNP Spokesperson (Justice)
Mr. Paul Philip, Chief Executive, Solicitors Regulation Authority
Mr. Mark Neale, Director-General, The Bar Standards Board
Mr. Matthew Hill, Chief Executive, Legal Services Board
Ms. Dunja Mijatović, Council of Europe Commissioner for Human Rights
Ms. Teresa Ribeiro, Organization for Security and Co-operation in Europe, Representative on Freedom of the Media
Ms. Irene Khan, United Nations Special Rapporteur on on the Promotion and Protection of the Right to Freedom of Opinion and Expression
20 September 2023
Dear Alex Chalk KC MP,
We call on you to include an Anti-SLAPP law in the King’s Speech
We joined the UK Anti-SLAPP Coalition in welcoming the UK Government’s commitment to address Strategic Lawsuits Against Public Participation (SLAPPs) and their impact on the British justice system. However, we remain concerned by the lack of meaningful progress since the announcement in July 2022. The inclusion of a commitment in the forthcoming King’s Speech to bring forward a standalone Anti-SLAPP Bill will be an unequivocal statement that the UK Government is committed to stamp out SLAPPs.
We support the anti-SLAPP amendment to the Economic Crime and Corporate Transparency Bill as a significant step in the right direction to protect public interest reporting on economic crime. As an important part of the global financial system, it is vital that the UK ensures journalists and public watchdogs are able to continue their work without risking legal harassment. However, this amendment does not go far enough as it only covers claims relating to the “public interest in protecting society from economic crimes”. It also introduces an unnecessary element of uncertainty by making the operation of the law contingent on the belief of the defendant and the perceived purpose of the filer. The Government itself has acknowledged the current amendment as “the first step in cracking down on SLAPPs used to limit freedom of speech,” not the full realisation of its commitment.
Therefore, the next step must be a standalone Anti-SLAPP Bill to extend protections to everyone who speaks out in the public interest. The UK Anti-SLAPP Coalition has demonstrated how this can be done with their Model Law which we shared with your office last year. As a result, there is no reason why a standalone Anti-SLAPP Bill shouldn’t be included in the King’s Speech. Only with the fulfilment of a universally applicable law will the Government’s commitment be realised.
Many of the cases that have been monitored by the Coalition would have been unaffected by the proposed amendment. This includes the legal threat from the Russian warlord Yevgeny Prigozhin against Bellingcat founder Eliot Higgins, ENRC’s SLAPP action against journalist and author Tom Burgis and the defamation action brought against Nina Cresswell by her abuser after she bravely spoke out to protect other women, to name but a few. Cases like these demonstrate the need for an anti-SLAPP bill that protects everyone speaking out.
The Government will, in its own words, “set out further legislation beyond economic crime when parliamentary time allows.” This can only happen if an Anti-SLAPP Bill is included in the King’s Speech, which will outline the Government’s programme of work in the coming Parliamentary session. This would be the last opportunity to realise the commitment before the expected general election.
Addressing this issue has broad public and political support and represents a significant opportunity to protect free speech and shield British courts from abuse.
Kind regards,
Rachel Corp, CEO, ITN
Alison Phillips, Editor, The Mirror
Chris Evans, Editor, The Telegraph
Katharine Viner, Editor-in-Chief, The Guardian
Victoria Newton, Editor-in-Chief, The Sun
Paul Webster, Editor, The Observer
Roula Khalaf, Editor, The Financial Times
Tony Gallagher, Editor, The Times
Ben Taylor, Editor, The Sunday Times
John Micklethwait, Editor-in-Chief, Bloomberg
Ian Hislop, Editor, Private Eye
Alan Rusbridger, Editor, Prospect Magazine
Zanny Minton Beddoes, Editor-in-Chief, The Economist
Julian Richards, Managing Editor, openDemocracy
Oliver Duff, Editor-in-Chief, i
Rozina Breen, CEO, The Bureau of Investigative Journalism (TBIJ)
Drew Sullivan, Co-Founder, Organized Crime and Corruption Reporting Project (OCCRP)
Paul Radu, Co-Founder, OCCRP
Eliot Higgins, Founder, Bellingcat
James Harding, Founder & Editor, Tortoise
Franz Wild, Editor, TBIJ
Joanna Prior, CEO, Pan Macmillan
Arabella Pike, Publishing Director, HarperCollins UK
Dan Conway, CEO, Publishers Association
José Borghino, Secretary General, International Publishers Association
Michelle Stanistreet, General Secretary, National Union of Journalists (NUJ)
Sayra Tekin, Director of Legal, News Media Association (NMA)
Dawn Alford, Executive Director, Society of Editors
Gill Phillips, Editorial Legal Consultant, Guardian News & Media
Pia Sarma, Editorial Legal Director, Times Newspapers Ltd
Adam Cannon, Director of Legal, NGN
Sarah Baxter, Director, Marie Colvin Center for International Reporting
Rachel Oldroyd, Deputy Investigations Editor, The Guardian
Juliette Garside, Deputy Business Editor, The Guardian
Stewart Kirkpatrick, Head of Impact, openDemocracy
Chrissie Giles, Deputy Editor, TBIJ
Richard Sambrook, Co-Chair of the Board, TBIJ
Isabel Hilton, Co-Chair of the Board, TBIJ
Mark Stephens CBE, Partner, Howard Kennedy LLP
Matthew Jury, Managing Partner, McCue Jury and Partners
Caroline Kean, Consultant Partner, Wiggin
David Price KC
Rupert Cowper-Coles, Partner, RPC
Paul Caruana Galizia, Reporter, Tortoise
Oliver Bullough, Journalist and author
Peter Geoghegan, Journalist and author
Carole Cadwalladr, Journalist, The Observer
Catherine Belton, Journalist and author of Putin’s People: How the KGB took back Russia and then took on the west
Richard Brooks, journalist, Private Eye
Meirion Jones, investigative journalist
Sean O’Neill, Senior Writer, The Times
George Greenwood, Investigations Reporter, The Times
Clare Rewcastle Brown, Investigative Journalist and Founder, The Sarawak Report
Nina Cresswell, Writer and journalist
Matthew Caruana Galizia, Director, The Daphne Caruana Galizia Foundation
Jodie Ginsberg, President, Committee to Protect Journalists
Alexander Papachristou, Executive Director, Cyrus R. Vance Center for International Justice
Zelda Perkins, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
Dr Julie Macfarlane, Co-Founder, Can’t Buy My Silence campaign to ban the misuse of NDAs
James Nixey, Director, Russia and Eurasia Programme, Chatham House
Edward Lucas, Author, European and transatlantic security consultant and fellow at the Center for European Policy Analysis (CEPA)
John Heathershaw, Professor of International Relations, University of Exeter
Dr Tena Prelec, Research Associate, LSEE Research on SEE, LSE
Dr Peter Coe, Associate Professor in Law, Birmingham Law School, University of Birmingham
Thomas Mayne, Research Fellow, University of Oxford
