US court orders Google to remove Innocence of Muslims film from YouTube

Muslims demonstate outside Google's London HQ
The Innocence of Muslims is truly the free speech story that keeps on giving. The crude, cheaply made anti-Islam film sparked international outrage when it first appeared on YouTube in September 2012, with even President Obama forced to weigh into the debate after the US Embassy in Cairo issued a tweet “condemning” the video. While ostensibly supporting free speech, the White House did suggest that Google should examine whether the video contravened its own terms of service.

Google eventually blocked the video of its own accord in Libya and Egypt. Meanwhile, in its move to censor the film, Pakistan simply blocked the whole of YouTube.

Now, a US court has ruled that Google should remove the video from YouTube. Not because of blasphemy, but because of copyright. The case against Google and the makers of the film was brought by actress Cindy Lee Garcia, who appears in the film for all of five seconds. Garcia claims that her single line, suggesting that Muhammad was a “child molester” was dubbed, and that she was duped into appearing in the anti-Muslim film, having been told it was a trailer for an adventure movie.

Crucially, she also says that she has a claim to the copyright of the film. The Ninth Circuit Court of Appeals agreed that she may have a claim, and on 19 February ordered Google to remove the film from its YouTube service.

The court further ordered that the ruling be kept secret until 26 February, when the 37-page opinion on the case was issued “to prevent a rush to copy and proliferate the film before Google can comply with the order.”

Google has said it will appeal the order, saying that not only could the copyright claim of a bit-part actor create havoc for filmmakers of the future, but that service providers could now also be swamped with takedown requests from people who regret appearing in works in the public domain.

Interestingly, it also suggests that the simple removal of the video could constitute a tampering with the historical record. That chimes with an argument Index has made before – we seem far more comfortable with the removal of web content than we do with, say, the pulping of books, even though the intent is the same.

As things stand, Google has complied with the order, and the Innocence of Muslims can no longer be found on YouTube.

In yet another twist, Pakistani web freedom campaigner and Index on Censorship award nominee Shahzad Ahmed has used the removal of the video to pressure his government to lift the YouTube ban.

“We think that now the government of Pakistan has been left with no excuse to continue blocking access to YouTube,” he is reported as saying. “But the ban on YouTube has got more to do with the government’s desires and efforts to impose censorship, content filtering and moral policing and we are fighting against them in court through a constitutional petition.”

This article was posted on February 27, 2014 at indexoncensorship.org

Three years after Arab Spring officials thwart digital dissent

A pro-democracy protest in Bahrain, where (Photo: Moh'd Saeed / Demotix)

A pro-democracy protest in Bahrain, where activists have been jailed for inciting protests through their online activities (Photo: Moh’d Saeed / Demotix)

One hundred and forty characters are all it takes.

Twitter users from Marrakech to Manama know—call for political reforms, joke about a sensitive topic, or expose government abuse and you could end up in jail. Following the overthrow of Muammar Qaddafi and Zine el-Abidine Ben Ali, authorities in Libya and Tunisia unblocked hundreds of websites and dismantled the state surveillance apparatus. But overall, internet freedom in the region has only declined in the three years since the Arab Spring as authoritarian leaders continue to crack down on any and all threats to their ever-tenuous legitimacy.

As the online world has become a fundamental part of Arab and Iranian societies, leaders are waking up to the “dangers” of social media and placing new restrictions on what can be read or posted online. This shift has been most marked in Bahrain, one of the most digitally-connected countries in the world. After a grassroots opposition group took to the streets to demand democratic reforms, authorities detained dozens of users for Twitter and Facebook posts deemed sympathetic to the cause. Similarly, several prominent activists were jailed on charges of inciting protests, belonging to a terrorist organization, or plotting to overthrow the government through their online activities.

Conditions in Egypt—where social media played a fundamental role in mobilising protesters and documenting police brutality—continued to decline over the past year. In only the first six months of Mohammad Morsi’s term, more citizens were prosecuted for “insulting the office of the president” than under Hosni Mubarak’s entire 30-year reign. Cases have now been brought against the same bloggers and activists that were instrumental in rallying the masses to protest against Mubarak (and later Morsi) in Tahrir Square, while countless others were tortured by Muslim Brotherhood thugs or state security forces.

Even in the moderate kingdoms of Morocco and Jordan, state officials are looking to extend their existing controls over newspapers and TV channels to the sphere of online media. Ali Anouzla, a website editor in Morocco, faces terrorism charges in the latest attempt by the state to silence him and his popular online newspaper, Lakome. Access to independent journalism is even worse in Jordan, where over 200 news sites have been blocked for failing to obtain a press license. The government instituted burdensome requirements in a bid to deter any views that counter the state-sponsored narrative.

If governments are beginning to pay attention, it is because online tools for social mobilisation and individual expression are having a profound impact. Social media accounts were set up for every candidate in Iran’s 2013 presidential elections, despite the fact that Twitter, Facebook, and YouTube are all blocked within the country. In Saudi Arabia – which now boasts the highest Twitter and YouTube usage per capita of any country in the world – social media has been used to promote campaigns for women’s right to drive, to highlight the mistreatment of migrant workers, and to debate sensitive subjects such as child molestation. Citizen journalism was vital in documenting chemical weapons use in Syria, and a new online platform alerts local residents of incoming scud missiles. Nonetheless, Iran, Saudi Arabia, and Syria rank as some of the least free countries in the world in terms of internet freedom according to Freedom House’s Freedom on the Net study.

Remarkably, the country that has made the most positive strides over the past three years, was once among the most repressive online environments in the region – Tunisia. Protest videos from the town of Sidi Bouzid led to an intense crackdown on online dissidents by the Ben Ali regime. Digital activists even enlisted the help of Anonymous, the hacktivist group, to rally international media attention, provide digital security tools, and bring down government websites. Since then, Tunisian authorities have ceased internet censorship, reformed the regulatory environment, and ceded control of the state-owned internet backbone. Tunisia is now the only country in the region to have joined intergovernmental group the Freedom Online Coalition.

So while the snowball effect of social media contributed to the overthrow of several despots, many of the region’s internet users conversely find themselves in more restrictive online environments than in January 2011. Authoritarian governments now know exactly what the face of revolution looks like and, over the past three years, have shown their commitment to counter the internet’s potential to empower citizens and mobilise opposition. Users in liberal democracies may joke about the insignificance of “liking” a post on Facebook or uploading a video to YouTube, but in a region where your social media activity can make you an enemy of the state, 140 characters can lead to serious repercussions.

This article was posted on 21 January 2014 at indexoncensorship.org

 

Free expression in the news

#dontspyonme
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

MIDDLE EAST
Arab Spring will take time to flower: analysts
Disappointment over the lack of democratic progress in Egypt, Tunisia and Libya is understandable, but the so-called Arab Spring of 2011 will take time to mature, analysts say, warning that the process will be chaotic.
(Gulf News)

SOUTH AFRICA
Internet usage in South Africa hits 14 million mark
The internet usage has significantly grown in South Africa this year, already involving 14 million people, said a latest survey.
(Tech 2)

TUNISIA
In Turkey’s heartland, support for protest is thin
As Mohamed Brahmi becomes the second secular politician to be shot in Tunisia in the past six months questions are raised as to whether the Arab Spring has really made a difference
(Nouse)

BBC film reporter investigates rising power of Salafism in Tunisia
BBC Arabic documentary, The Battle for Bizerte, tells the inside story of a group of extremist Islamists known as Salafists in Bizerte, a Tunisian town on the Mediterranean sea, 60 kilometres from Tunis.
(Middle East Online)

TURKEY
In Turkey’s heartland, support for protest is thin
Weeks of anti-government protests in Istanbul’s Gezi Park and the squares in the capital of Ankara have not affected life here or in much of rural Turkey, where Prime Minister Recep Tayyip Erdogan enjoys solid support.
(USA Today)

Homophobic prejudices broken by Gezi incidents in Turkey
The Gezi protests have shown that society is much more aware about the rights of the LGBT community than Parliament, according to an activist. ‘Gezi did in three weeks what would have taken us three years,’ says Sedef Çakmak, adding that they have gained a lot of self confidence
(Hurriyet Daily News)

UNITED KINGDOM
Man held after banknote campaigner receives rape threats on Twitter
Police say man arrested on suspicion of harassment offences, after shadow minister criticises Twitter’s response to abuse
(The Guardian)

UNITED STATES
Gay Talk: Protecting Free Speech for Public School Teachers
In Garcetti v. Ceballos, the Supreme Court held that public employees are not entitled to free speech when speaking “pursuant to their official duties.” In most situations, this strips teachers of First Amendment protection when they discuss controversial subjects, such as homosexuality, with their students.
(Social Science Research Network)


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Free expression in the news

INDEX EVENTS
NSA, surveillance, free speech and privacy
Edward Snowden’s leaks about the US’s international mass surveillance programmes has prompted perhaps the definitive debate of our age: How free are we online? Can we ever trust technology with our personal details?
25 July, Time 6.30pm, Free, but RSVP required. Space is limited.
Doughty Street Chambers, WC1N
(More information)

EUROPEAN UNION
EU justice chief vows new data protection laws
A Pakistani human rights organisation has called for an investigation into an alleged “secret censorship deal” between the country’s government and Facebook. Sara Yasin reports
(Business Recorder)

CHINA
A good lesson in Hong Kong on the value of free speech
Mike Rowse sees a civics lesson in two recent debates of public issues
(South China Morning Post)

INDIA
Mysore MP questions credentials of people who misuse freedom of expression
Mysore MP A H Vishwanath on Sunday said freedom of expression is not intended to insult or undermine the historic personalities and litterateurs, media people and film producers should desist from using the names of great personalities to market their produces.
(Times of India)

LIBYA
Libya moves step closer to new constitution amid boycott by minorities
Abusahmain signs law on election of committee to draft new permanent constitution for Libya as ethnic minorities announce boycott.
(Middle East Online)

Hardliners’ pressure forces Libyan women’s football team to stop playing tournaments during Ramadan
Abusahmain signs law on election of committee to draft new permanent constitution for Libya as ethnic minorities announce boycott.
(truthdive)

RUSSIA
Russia’s Anti-Gay Crackdown
RUSSIA’S president, Vladimir V. Putin, has declared war on homosexuals. So far, the world has mostly been silent.
(The New York Times)

TUNISIA
Tunisia lifts travel ban on blogger
A Tunis judge lifted the travel ban against blogger and journalist Olfa Riahi, Tunisie Numerique reported on Saturday (July 20th).
(Magharebia)

TURKEY
In Turkey, Media Bosses Are Undermining Democracy
THE protests that convulsed Istanbul and other Turkish cities last month exposed, among many other things, the shameful role of Turkey’s media conglomerates in subverting press freedom.
(The New York Times)

Turkey bars protestors’ wedding party at park
Police on Saturday fired water cannon and tear gas in downtown Istanbul to disperse anti-government demonstrators after barring them from entering a park where they had hoped to celebrate the wedding of a couple who met during last month’s widespread protests.
(Missoulian)

Turkey loses guest of honor status to Vatican at Turin book fair
Turkey will not be the guest of honor at next year’s Turin International Book Fair, which will instead host the Vatican in an unexpected move by the fair’s organizers, Turkish news agencies reported over the weekend.
(Missoulian)

UNITED STATES
Diversionary Theatre’s Freedom of Speech: One Woman’s Cross Country Journey to Find Out What’s Going On
An artist in the complete sense, Eliza Jane Schneider, can do practically anything on stage-from singing, to playing an instrument, to doing a 180 from one character to the next. Showcasing her many talents, Schneider opened Freedom of Speech on July 11th at the Diversionary Theatre. It is a Moxie Theatre presentation, directed by Delicia Turner Sonnenberg.
(San Diego Free Press)


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