Julia Farrington: Tackling self-censorship in the arts community

law-pack-promo-art-3

Child Protection: PDF | web

Counter Terrorism: PDF | web

Obscene Publications: PDF | web

Public Order: PDF | web

Race and Religion: PDF | web


Case studies

Behud – Beyond Belief
Can We Talk About This?
Exhibit B
“The law is no less conceptual than fine art”
The Siege
Spiritual America 2014

Commentary

Julia Farrington: Pre-emptive censorship by the police is a clear infringement of civil liberties
Julia Farrington: The arts, the law and freedom of speech
Ceciel Brouwer: Between art and exploitation
Tamsin Allen: Charging for police protection of the arts
Gurpreet Kaur Bhatti: On Behzti
Daniel McClean: Testing artistic freedom of expression in UK courts


Reports and related information

WN-Ethics14-140What Next? Meeting Ethical and Reputational Challenges

Read the full report here or download in PDFTaking the offensive: Defending artistic freedom of expression in the UK (Also available as PDF)

Beyond Belief190x210Beyond belief: theatre, freedom of expression and public order – a case study

UN report on the right to artistic expression and creation
Behzti case study by Ben Payne
freeDimensional Resources for artists
Artlaw Legal resource for visual artists
NCAC Best practices for managing controversy
artsfreedom News and information about artistic freedom of expression


These information packs have been produced by Vivarta in partnership with Index on Censorship and Bindmans LLP.

The packs have been made possible by generous pro-bono support from lawyers at Bindmans LLP, Clifford Chance, Doughty Street Chambers, Matrix Chambers and Brick Court.

Supported using public funding by Arts Council England


Julia Farrington, associate arts producer, Index on Censorship, participated in the Theatre UK 2016 conference on 12 May 2016. This is an adapted version of her presentation. 

In January 2013 I organised a conference called Taking the Offensive for Index on Censorship, in partnership with the Free Word Centre and Southbank Centre. The conference was held to debate the growth of self-censorship in contemporary culture, the social, political and legal challenges to artistic freedom of expression and the sources of these new challenges.

The report from the conference concluded that censorship and self-censorship are significant influences in the arts, creating a complex picture of the different ways society controls expression. Institutional self-censorship, which many acknowledged suppresses creativity and ideas, was openly discussed for the first time.

Lack of understanding and knowledge about rights and responsibilities relating to freedom of expression, worries about legal action, police intervention and loss of funding, health and safety regulations, concern about provoking negative media and social media reaction, and public protests are all causing cultural institutions to be overly cautious.

One speaker at Taking the Offensive suggested that we are fostering a culture where “art is not for debate, controversy and disagreement, but it is to please”.

There is above all, unequal access to exercising the right to artistic freedom of expression, with artists from black and minority ethnic encountering additional obstacles.

Many felt that far greater trust, transparency and honesty about the challenges being faced need to be developed across the sector; dilemmas should be recast as a necessary part of the creative process, to be shared and openly discussed, rather than something to keep behind closed doors. This will make it possible for organisations to come together when there is a crisis, rather than standing back and withholding support: “if we collectively don’t feel confident about the dilemmas we face how can we move on with the public?”

I think there have been significant changes in the three years since the conference and, whilst I think the same challenges persist, there have been some really positive moves to tackle self-censorship within the sector.  The growth of What Next? has created precisely the platform to debate and discuss the pressures, dilemmas and controversies that the conference identified. What Next? has produced guidance on navigating some of these issues and is developing more resources on how organisations can support each other when work is contested.

Index on Censorship responded to the clear call from the conference for the need for guidance about legal rights and responsibilities if we are to create a space where artists are free to take on complex issues that may be disturbing, divisive, shocking or offensive.

We have published information packs around five areas of law that impact on what is sayable in the arts: Public Order, Race and Religion, Counter Terrorism, Child Protection and Obscene Publications. They are available on the website under our campaign Art and Offence. These have been well received by the sector and read by CPS and police and we are developing a programme of training which will, if all goes well, include working with senior police officers.

At the same time, pressures from outside the sector have intensified.

The role of the police in managing the public space when controversial art leads to protest has come into sharp relief over the past two-three years where they have repeatedly “advised” venues to remove or cancel work that has caused protest or may cause protest.

I did a case study on the policing of the picket of Exhibit B at the Barbican in London which is available on the Index website; and in the same year, the Israeli hip hop opera the City was closed in Edinburgh on the advice of the police.

More worryingly the police “advice” has also led to the foreclosing of work that is potentially inflammatory – as in Isis Threaten Sylvannia an art installation by Mimsy, that was removed from an exhibition called Passion for Freedom from the Mall Gallery last year.

With the removal of Isis Threaten Sylvania, we see a shift from the police advising closure following protest to the police contributing indirectly or directly to the decision to remove work to avoid protest.

In this case freedom of expression was actually given a price — set at £7,200 per day for the five days of the exhibition — the price set by the police for their services to guarantee public safety.

The police took the view that a perfectly legal piece of art, which had already been displayed without incident earlier in the year, was inflammatory. And in the balance of things as they stand, this opinion outweighs:

  • the right of the artist to express him or herself;
  • the organisation’s right to present provocative political art;
  • the audience’s right to view it;
  • and those that protest against it, the right to say how much they hate it, including when that means that they want the art removed.

This new chapter in the policing of controversial art sets alarm bells ringing and represents a very dangerous precedent for foreclosing any work that the police don’t approve of.

But going against police advice is problematic.

In Index’s information pack on Public Order we asked our legal adviser, working pro bono, questions that many artists and arts managers are concerned about:

What happens if police advise you not to continue with presenting a piece of work because they have unspecified concerns about public safety – and yet tell you it is your choice and they can only advise you?
The artist would in principle be free to continue with the work. It would be advisable, however, to ensure that the reasons held by the police were understood. It may also be prudent to take professional advice…

And then what responsibilities for safety do employers have to staff and the public in relation to continuing with an artwork that has been contested by the police?
An organisation also has duties to their employees and members of the public on their premises. These duties may extend to making an organisation liable in the event of injury to a person resulting from the unlawful act of a third party if, for example, that unlawful act was plainly foreseeable – in other words the police have given their warning.

What are the options for an arts organisation to challenge police advice at the time of the protest itself?
If the organisation believes that it has grounds to challenge police directions to avoid a breach of the peace, it can seek to take legal action on an urgent basis. Realistically…legal action will not be determined until some time later and until it is determined by the courts, the organisation and/or its members or employees would risk arrest if they do not comply with police directions.

So – what starts out as police advice which implies genuine choice, on closer inspection transforms into a Hobson’s Choice where failure to follow that advice could lead to arrest.

On this evidence, both self-censorship and direct censorship are the undesirable outcomes of this as yet unchallenged area of policing.

But the Crown Prosecution Service has read and approved the packs and our law packs are in the system with the police.

The ideal policing scenario is to keep the space open for both the challenging political art and the protest it provokes. Both are about freedom of expression, what we have to avoid is the heckler’s veto prevailing.

Going back to other recent examples of censorship — questions remain about the role of the police in the decision to cancel Homegrown the National Youth Theatre production of a play about the radicalisation of young Muslims by writer Omar El-Khairy and director Nadia Latif. This was followed earlier this year by the presentation, without incident, of Another World: Losing our Children to Islamic State at the National Theatre, play on similar themes by Gillian Slovo and Nicolas Kent.

I mention Another World because it is important to state the obvious, that all the work that has been contested by the police and been cancelled, relates to work about race and religion and the majority of artists involved in work that has been foreclosed are from black and minority ethnic communities.

Looking through the lens of freedom of expression, each case of censorship gives a valuable opportunity to view a specific snapshot of relationships within society and to analyse the power dynamics operating there, both directly around the censored work — whose voices are and aren’t being heard in the work itself, and in the field and context in which the work is taking place and again looking at who is in control, who decides what voices are heard. I don’t have time here to go into an analysis of each case, but what emerges is that freedom of expression is, as it stands, a biased affair in the UK and I believe will remain so while our society and our culture are not equal.

As well as these new cases of censorship that we have seen since the 2013 conference, we have also seen new government policy, legislation and regulations which place increasingly explicit controls on what we can say and have a chilling effect on many areas of expression and communication, and interaction with government.

Many campaigners and charities see the Criminal Justice and Courts Act 2015 as designed to deter charities from intervening in judicial reviews — the most important legal channel we have to call authorities to account; the Investigatory Powers Bill, better known as the Snoopers’ Charter gives the surveillance state more powers; the Prevent Strategy requires us to police each other – surveillance and policing our neighbours — two nasty authoritarian tactics, and most recently the anti-advocacy clause would effectively ban organisations from using government funds for lobbying — stifling dissent. It was due to come into law on 1 May but the consultation period was extended and it might be kicked into the long grass.

The government has made it clear that it wants us to see ourselves predominantly if not exclusively as businesses and in response we have successfully made the case that the arts contribute massively to the economy.

But we know we are so much more. The arts are a vital, at best magnificent and effective player in civil society — especially when you define civil society as “a community of citizens linked by common interests and collective activity”.

With our core values and freedoms under attack, the arts and other civil society bodies are responding. The discussion about the role of the artist in taking on the big issues in society — from climate change to the refugee crisis — has, from where I stand, definitely intensified and gone up the agenda over the past three years, both here and internationally, as the pressure on our freedoms and values also intensifies domestically and internationally.

To fully participate in society and to create art that calls power to account, we need to continue to identify, analyse and tackle the causes of self-censorship within the sector, and stand together to enter into dialogue with the various agents of control that we identify in the process.

Art can help us imagine and bring about a more equal and just future.

Homophobia in Honduras: growing attacks on LGBT activists

[This article is also available in Spanish]

A year after returning from exile, Honduran gay rights activist Donny Reyes still fears a murderous attack at any minute.

“I’ve been imprisoned on many occasions. I’ve suffered torture and sexual violence because of my activism, and I’ve survived many assassination attempts,” he said, in an interview with Index on Censorship.

Activists in Honduras must contend with a constant barrage of threats and, often fatal, attacks. Reyes, the coordinator of the Honduran lesbian, gay, bisexual, and transgender advocacy group Arcoíris (Rainbow), had spent 10 months abroad for his own safety, but felt an obligation to return to the frontline of the fight against discrimination.

“To be able to continue with my personal life and my work I have to be conscious that [death] could come at any moment,” he said. “The truth is it doesn’t worry me anymore. What worries me is that things won’t change.”

Dozens of LGBT Hondurans are murdered each year, with few of the killers brought to justice, according to figures from respected Honduran NGO Cattrachas. Journalists and activists who speak out are often attacked. One of these was Juan Carlos Cruz Andara who died after being stabbed 25 times by unknown assailants last June.

Arcoíris reported 15 security incidents against its members during the second half of 2015, including surveillance, harassment, arbitrary detentions, assaults, robberies, theft, threats, sexual assault and even murder. Other LGBT activists have experienced forced evictions, fraudulent charges, defamation, enforced disappearances and restrictions of right to assembly.

The activists consulted by Index all said that the level of homophobic violence exploded after the ousting of liberal President Manuel Zelaya in the military coup of 2009. The election of right-wing candidate Porfirio Lobo Sosa the following year coincided with the militarisation of Honduras, a rise in gang-related violence, and a clampdown on human rights.

The records from Cattrachas show that on average two LGBT people were murdered each year in the country from 1994 to 2008. After the 2009 coup that rate rocketed to an average 31 murders per year, according to figures from Arcoíris. In early 2016 there were signs the situation was escalating further with the murder of Paola Barraza, a member of Arcoiris’s group, on 24 January. In reality though it is impossible to know precisely how many people have been killed because of their sexuality because the vast majority of cases remain unsolved.

Erick Martínez Salgado, who volunteers with LGBT advocacy group Kukulcanhn, told Index that gay activists protested heavily against discrimination and the coup. He believes the government came to view his group as a threat to the traditional social order and started targeting them to “send a message” to other protesters.

One of the most prominent gay rights activists of the time, Walter Tróchez, was killed in a drive-by shooting in December 2009. Human rights groups noted that he had previously been kidnapped, beaten and threatened for demonstrating against the coup and advocating for gay rights. Four years later, Tróchez’s friend and fellow gay rights activist Germán Mendoza was arrested and charged with his murder.

Mendoza told Index he was held in deplorable conditions and repeatedly tortured in a bid to make him plead guilty. Eventually he was released after proving his innocence last year. Mendoza believes he was arrested because the government wanted to use him “as a scapegoat to wash their hands of the responsibility” for Tróchez’s death, which remains unsolved. The Honduran government did not respond to requests for comment.

Gang warfare was a massive contributor to Honduras status as the nation with the world’s highest murder rate in 2012, however the gay community’s main concern is not gangs, but the state security forces.

“The police constitute the primary perpetrator of violations of the rights of the LGBT community,” the Coalition Against Impunity, an alliance of 29 Honduran NGOs, warned last year, citing alleged “police policy of frequent threats, arbitrary arrests, harassment, sexual abuse, discrimination, torture and cruel or degrading treatment”.

As a result many vulnerable activists are reluctant to ask for protection, for fear that contact with the police would expose them to greater security risks or reprisals.

The journalists who document homophobic violence in Honduras also risk their lives. Dina Meza, an independent investigative reporter who has covered the issue extensively, was nominated for an Index on Censorship Freedom of Expression Award in 2014 for her journalism. Meza said the country’s mainstream media often portrays the LGBT community in a negative light.

Meza, who launched the independent news site Pasos de Animal Grande last year to draw attention to the hardships facing the most vulnerable sectors of society, said reporters who cover violence against the LGBT community are also targeted. She said not only do journalists get physically assaul-ted by the security forces and expelled from public events, but they are also targets of government-led smear campaigns.

“It’s extremely common here for them to link human rights defenders to drug trafficking and organised crime, in a bid to sow doubts in people’s minds about the work that we’re doing,” she explained. “If we speak out at an international level they say we’re trying to undermine Honduras, discourage investment and see the country burn.”

Peter Tatchell, director of the London-based LGBT campaigning group the Peter Tatchell Foundation, called for the world to pay more attention to the killings. He said: “This extensive, shocking mob violence against LGBT Hondurans is almost unreported in the rest of the world. The big international LGBT organisations tend to focus on better-known homophobic repression in countries like Egypt, Russia, Iran and Uganda. What’s happening in Honduras is many times worse. Is this neglect because it is a tiny country with few resources and no geo-political weight? The UN, Organisation of American States and foreign aid providers need to do more to press the Honduran government to crackdown on anti-LGBT hate crime and to educate the public on LGBT issues to combat prejudice.”

Meza and the activists interviewed by Index also believe that Catholic and Evangelical Christian groups have become increasingly influential in Honduran society. Reyes from Arcoíris described the state, the church and the mainstream media as a triumvirate which has fuelled “impunity, fundamentalism, machismo and misogyny” across the country, with disastrous consequences for the LGBT community.

“At home and at school are the first two places where we’re attacked and discriminated. We flee home at very young ages because the family is built on religious values. Our families punish us in a cruel manner and this has a terrible psychological impact,” Reyes said. “Our educational and employment opportunities are diminished every day. We can be sex workers or street vendors, or stay in the closet in the hope of getting a job, but if they find out about your sexual orientation you’ll almost certainly be fired.”

Despite the risks he and his fellow activists face, Reyes said the drastic need for change is what gives them the strength to keep fighting discrimination: “We need a Honduras that’s free from violence and homophobia. We believe it’s our responsibility to fight for this so the next generation have a space to live in a better world.”

honduras english NEW

 This article is from the latest issue of Index on Censorship magazine. Order your copy here, or take out a digital subscription via Exact Editions (free trial or £18 for the year). Copies are also available at the BFI and Serpentine Gallery (London), News from Nowhere (Liverpool), Home (Manchester) and on Amazon. Each magazine sale helps Index on Censorship fight for free expression worldwide.

#IndexAwards2017: Here’s what you need to know

Freedom of Expression Awards

Each year, the Index on Censorship Freedom of Expression Awards gala honours courageous champions who fight for free speech around the world.

Drawn from more than 400 crowdsourced nominations, this year’s nominees include artists, journalists, campaigners and digital activists tackling censorship and fighting for freedom of expression. Many of the 16 shortlisted are regularly targeted by authorities or by criminal and extremist groups for their work: some face regular death threats, others criminal prosecution.

The gala takes place Wednesday 19 April at the Unicorn Theatre in London and will be hosted by comedian, actor and writer Katy Brand. If you aren’t lucky enough to be attending, you can catch the night’s events by tuning into coverage and a live Periscope stream @IndexCensorship beginning at 7:30PM BST.

We will be live tweeting throughout the evening on @IndexCensorship. Get involved in the conversation using the hashtag #IndexAwards2017.

Index on Censorship Freedom of Expression Awards nominees 2017

Arts

Luaty Beirão, Angola

Rapper Luaty Beirão, also known as Ikonoklasta, has been instrumental in showing the world the hidden face of Angolan President José Eduardo dos Santos’s rule. For his activism Beirão has been beaten up, had drugs planted on him and, in June 2015, was arrested alongside 14 other people planning to attend a meeting to discuss a book on non-violent resistance. Since being released in 2016, Beirão has been undeterred attempting to stage concerts that the authorities have refused to license and publishing a book about his captivity entitled “I Was Freer Then”, claiming “I would rather be in jail than in a state of fake freedom where I have to self-censor”.

Rebel Pepper, China

Wang Liming, better known under the pseudonym Rebel Pepper, is one of China’s most notorious political cartoonists. For satirising Chinese Premier Xi Jinping and lampooning the ruling Communist Party, Rebel Pepper has been repeatedly persecuted. In 2014, he was forced to remain in Japan, where he was on holiday, after serious threats against him were posted on government-sanctioned forums. The Chinese state has since disconnected him from his fan base by repeatedly deleting his social media accounts, he alleges his conversations with friends and family are under state surveillance, and self-imposed exile has made him isolated, bringing significant financial struggles. Nonetheless, Rebel Pepper keeps drawing, ferociously criticising the Chinese regime.

Fahmi Reza, Malaysia

On 30 January 2016, Malaysian graphic designer Fahmi Reza posted an image online of Prime Minister Najib Razak in evil clown make-up. From T-shirts to protest placards, and graffiti on streets to a sizeable public sticker campaign, the image and its accompanying anti-sedition law slogan #KitaSemuaPenghasut (“we are all seditious”) rapidly evolved into a powerful symbol of resistance against a government seen as increasingly corrupt and authoritarian. Despite the authorities’ attempts to silence Reza, who was banned from travel and has since been detained and charged on two separate counts under Malaysia’s Communications and Multimedia Act, he has refused to back down.

Two-tailed Dog Party, Hungary

A group of satirists and pranksters who parody political discourse in Hungary with artistic stunts and creative campaigns, the Two-tailed Dog Party have become a vital alternative voice following the rise of the national conservative government led by Viktor Orban. When Orban introduced a national consultation on immigration and terrorism in 2015, and plastered cities with anti-immigrant billboards, the party launched their own mock questionnaires and a popular satirical billboard campaign denouncing the government’s fear-mongering tactics. Relentlessly attempting to reinvigorate public debate and draw attention to under-covered or taboo topics, the party’s efforts include recently painting broken pavement to draw attention to a lack of public funding.

Campaigning

Arcoiris, Honduras

Established in 2003, LGBT organisation Arcoiris, meaning ‘rainbow’, works on all levels of Honduran society to advance LGBT rights. Honduras has seen an explosion in levels of homophobic violence since a military coup in 2009. Working against this tide, Arcoiris provide support to LGBT victims of violence, run awareness initiatives, promote HIV prevention programmes and directly lobby the Honduran government and police force. From public marches to alternative awards ceremonies, their tactics are diverse and often inventive. Between June 2015 and March 2016, six members of Arcoiris were killed for this work. Many others have faced intimidation, harassment and physical attacks. Some have had to leave the country because of threats they were receiving.

Breaking the Silence, Israel

Breaking the Silence, an Israeli organisation consisting of ex-Israeli military conscripts, aims to collect and share testimonies about the realities of military operations in the Occupied Territories. Since 2004, the group has collected over 1,000 (mainly anonymous) statements from Israelis who have served their military duty in the West Bank and Gaza. For publishing these frank accounts the organisation has repeatedly come under fire from the Israeli government. In 2016 the pressure on the organisation became particularly pointed and personal, with state-sponsored legal challenges, denunciations from the Israeli cabinet, physical attacks on staff members and damages to property. Led by Israeli politicians including the prime minister, and defence minister, there have been persistent attempts to force the organisation to identify a soldier whose anonymous testimony was part of a publication raising suspicions of war crimes in Gaza. Losing the case would set a precedent that would make it almost impossible for Breaking the Silence to operate in the future. The government has also recently  enacted a law that would bar the organisation’s widely acclaimed high school education programme.

Ildar Dadin, Russia

A Russian opposition and LGBT rights activist, Ildar Dadin was the first, and remains the only, person to be convicted under a notorious 2014 public assembly law. Aimed at punishing anyone who breaks strict rules on protest, the law was enacted to silence dissent after a wave of demonstrations following Putin’s last election victory. Dadin’s crime was to stage a series of one-man pickets, often standing silently with a billboard, attempting to duck the cynical law and push for free expression. For his solo enterprise, Dadin was arrested and sentenced to three years imprisonment in December 2015. In November 2016, website Meduza published a letter smuggled from Dadin to his wife, exposing torture he claimed he was suffering alongside fellow prisoners.  The letter, a brave move for a serving prisoner, was widely reported. A government investigation was prompted, and Dadin was transferred – against his will – to an undisclosed new location. A wave of public protest led to Dadin’s new location in a Siberian prison colony being revealed in January 2017. In February 2017, Russia’s constitutional and Supreme Courts suddenly quashed Dadin’s conviction, ruling he should be released and afforded opportunity for rehabilitation.

Maati Monjib, Morocco

A well-known academic who teaches African studies and political history at the University of Rabat since returning from exile, Maati Monjib co-founded Freedom Now, a coalition of Moroccan human rights defenders who seek to promote the rights of Moroccan activists and journalists in a country ranked 131 out of 180 on the Reporters Without Borders Press Freedom Index. His work campaigning for press freedom – including teaching investigative journalism workshops and using of a smartphone app called Story Maker designed to support citizen journalism – has made him a target for the authorities who insist that this work is the exclusive domain of state police. For his persistent efforts, Monjib is currently on trial for “undermining state security” and “receiving foreign funds.”

Digital Activism

Jensiat, Iran

Despite growing public knowledge of global digital surveillance capabilities and practices, it has often proved hard to attract mainstream public interest in the issue. This continues to be the case in Iran where even with widespread VPN usage, there is little real awareness of digital security threats. With public sexual health awareness equally low, the three people behind Jensiat, an online graphic novel, saw an an opportunity to marry these challenges. Dealing with issues linked to sexuality and cyber security in a way that any Iranian can easily relate to, the webcomic also offers direct access to verified digital security resources. Launched in March 2016, Jensiat has had around 1.2 million unique readers and was rapidly censored by the Iranian government.

Bill Marczak, United States

A schoolboy resident of Bahrain and PhD candidate in computer science at the University of California, Berkeley, Bill Marczak co-founded Bahrain Watch in 2013. Seeking to promote effective, accountable and transparent governance, Bahrain Watch works by launching investigations and running campaigns in direct response to social media posts coming from activists on the front line. In this context, Marczak’s personal research has proved highly effective, often identifying new surveillance technologies and targeting new types of information controls that governments are employing to exert control online, both in Bahrain and across the region. In 2016 Marczak investigated several government attempts to track dissidents and journalists, notably identifying a previously unknown weakness in iPhones that had global ramifications.

#ThisFlag and Evan Mawarire, Zimbabwe

In May 2016, Baptist pastor Evan Mawarire unwittingly began the most important protest movement in Zimbabwe’s recent history when he posted a video of himself draped in the Zimbabwean flag, expressing his frustration at the state of the nation. A subsequent series of YouTube videos and the hashtag Mawarire used, #ThisFlag, went viral, sparking protests and a boycott called by Mawarire, which he estimates was attended by over eight million people. A scale of public protest previously inconceivable, the impact was so strong that private possession of Zimbabwe’s national flag has since been banned. The pastor temporarily left the country following death threats and was arrested in early February as he returned to his homeland.

Turkey Blocks, Turkey

In a country marked by increasing authoritarianism, a strident crackdown on press and social media as well as numerous human rights violations, Turkish-British technologist Alp Toker brought together a small team to investigate internet restrictions. Using Raspberry Pi technology they built an open source tool able to reliably monitor and report both internet shut downs and power blackouts in real time. Using their tool, Turkey Blocks have since broken news of 14 mass-censorship incidents during several politically significant events in 2016. The tool has proved so successful that it has begun to be implemented elsewhere globally.

Journalism

Behrouz Boochani, Manus Island, Papua New Guinea/Australia

Iranian Kurdish journalist Behrouz Boochani fled the city of Ilam in Iran in May 2013 after the police raided the Kurdish cultural heritage magazine he had co-founded, arresting 11 of his colleagues. He travelled to Australia by boat, intending to claim asylum, but less than a month after arriving he was forcibly relocated to a “refugee processing centre” in Papua New Guinea that had been newly opened. Imprisoned alongside nearly 1000 men who have been ordered to claim asylum in Papua New Guinea or return home, Boochani has been passionately documenting their life in detention ever since. Publicly advertised by the Australian Government as a refugee deterrent, life in the detention centre is harsh. For the first 2 years, Boochani wrote under a pseudonym. Until 2016 he circumvented a ban on mobile phones by trading personal items including his shoes with local residents. And while outside journalists are barred, Boochani has refused to be silent, writing numerous stories via Whatsapp and even shooting a feature film with his phone.

Daptar, Dagestan, Russia

In a Russian republic marked by a clash between the rule of law, the weight of traditions, and the growing influence of Islamic fundamentalism, Daptar, a website run by journalists Zakir Magomedov and Svetlana Anokhina, writes about issues affecting women, which are little reported on by other local media.  Meaning “diary”, Daptar seeks to promote debate and in 2016 they ran a landmark story about female genital mutilation in Dagestan, which broke the silence surrounding that practice and began a regional and national conversation about FGM. The small team of journalists, working alongside a volunteer lawyer and psychologist, also tries to provide help to the women they are in touch with.

KRIK, Serbia

Crime and Corruption Reporting Network (KRIK) is a new independent investigative website which was founded by a team of young Serbian journalists intent on exposing organised crime and extortion in their country which is ranked as having widespread corruption by Transparency International. In their first year they have published several high-impact investigations, including forcing Serbia’s prime minister to admit that senior officials had been behind nocturnal demolitions in a Belgrade neighbourhood and revealing meetings between drug barons, the ministry of police and the minister of foreign affairs. KRIK have repeatedly come under attack online and offline for their work –threatened and allegedly under surveillance by state officials, defamed in the pages of local tabloids, and suffering abuse including numerous death threats on social media.

Maldives Independent, Maldives

Website Maldives Independent, which provides news in English, is one of the few remaining independent media outlets in a country that ranks 112 out of 180 countries on the Reporters Without Borders Press Freedom Index. In August 2016 the Maldives passed a law criminalising defamation and empowering the state to impose heavy fines and shut down media outlets for “defamatory” content. In September, Maldives Independent’s office was violently attacked and later raided by the police, after the release of an Al Jazeera documentary exposing government corruption that contained interviews with editor Zaheena Rasheed, who had to flee for her safety. Despite the pressure, the outlet continues to hold the government to account.

How exiles are using social media but fear spies listening in

 

Do you see what I see project for UNHCR. Led by Brendan Bannon.

A picture from the Do You See What I See project which teaches photography skills to young refugees, Zaatari camp, Jordan (Credit: Mohamed Soleman/Do You See What I See)

 

In an article from the refugee voices special issue of Index on Censorship Magazine, Jason DaPonte looks at how migrants are using technology to keep in touch with distant relatives, and the security risks this can bring 

“My wife changes her sim card every week,” said Omid, an Iranian refugee who hasn’t seen his wife in the seven years he has been awaiting a decision in his UK asylum case. The couple use Viber, a mobile app that allows free voice calls over the internet, but his wife remains in constant fear of surveillance. Omid is wanted by the Iranian state for political offences. He’s also a convert to Christianity and his wife fears discussing his new religion, as even members of his own family have branded him an infidel.

Refugees may be some of the most excluded people in society, but social media and new technology nevertheless play a crucial role in many of their lives. Across the globe, refugees are finding ways of using them to stay connected to families, homelands and political causes, in ways they couldn’t have a decade ago – even though it can have security implications. A number of refugees, particularly from Syria, suggested they use the free messaging mobile app, WhatsApp, because they believe the messages are secure. Whether WhatsApp messages can be hacked or intercepted is not clear, however.

Ismail Einashe, a British journalist and Africa expert, originally from Somaliland, explained another way social media is changing the refugee experience. He said how his teenage cousin, who fled Somaliland for Austria, uses Facebook for photo-sharing, to craft an image of success and happiness. But this can potentially hide the true difficulties of refugee life.

“My cousin is inspired by American hiphop. He wears baseball caps and baggy jeans – so his friends at home see the glamorous ‘other’ and they don’t see the high unemployment or poverty among refugees. It’s partly encouraging the young generation. Before, people didn’t see what life on the other side could be and now they can see it,” he told Index.

Nearly every refugee interviewed for this article said that free calls on Skype and the ability to connect with relatives for free using standard social platforms (like Facebook) is invaluable to them. But for some, sharing stories from exile goes beyond simple messaging and status updates. Some refugees use blogs and social media channels to publish content banned at home to try to fight the repression they escaped.

Moses Walusimbi fled Uganda’s anti-gay laws for The Netherlands and now runs Uganda Gay On Move – a blog, Facebook and Twitter movement that helps gay Ugandans and Africans who have fled persecution, as well as providing information for those who are left behind and remain under threat.

“When I came to Holland, I realised the more you keep quiet the more you suffer,” Walusimbi told Index. “I was very eager to know if there were any other Ugandans who are in Holland who are like me, in the same situation. And when I started these social media things, many Ugandans responded.”

His movement now has almost 9,000 followers on Facebook, which he says is the most popular platform for his content. He also has followers on Twitter and his blog. Uganda Gay On Move is providing a support network that goes beyond publishing, with many photos of meetings between its members for social and political reasons.

“Uganda Gay On Move is like a family to us now. It’s like a family because we come together, we discuss, we find solutions,” said Walusimbi. These solutions have included the group petitioning and lobbying the Dutch parliament to raise awareness about the denial of the human rights of gay Ugandans and other Africans. It also publishes information that helps asylum-seekers manage their cases and gather evidence. But Walusimbi still worries about those in Uganda who could face jail sentences simply for reading it.

“Ugandan LGBTI people – unless well-known human rights defenders – tend to use false names on Facebook. There is also a danger when people attend internet cafes and do not securely log off. There is also a danger – and I have had several direct reports of family or friends seeing the Facebook pages left open on computers in homes. Some people have been exposed this way,” Melanie Nathan, an LGBTI activist and publisher who has worked closely with African LGBTI movements, told Index. “Using Facebook could result in meetings or revealing real names through trust and then in entrapment.” Walusimbi corroborated that there are real cases where this has happened.

Blogs by and for refugees from various conflict zones are building audiences. The Medeshi Somaliland blog is one example. It was founded with a desire to keep in touch with a dispersed family and diaspora in 2007 by Mo Ali, who left Somaliland to seek asylum in the UK in 2004. His work of aggregating and creating new content quickly became more political.

“There are many websites about Somaliland and those who are publishing there have been harassed by the police. They’ve been ordered to shut down because of being critical of the government on freedom of speech and press,” Ali told Index, saying he knows of at least three websites that have been shut down and explaining why he has to publish from abroad.

Even publishing from the UK, he doesn’t feel totally safe, “I’ve received death threats via email but I published the threat online and nothing happened. I’m still alive. It was just intimidation.”

Like Uganda Gay On Move, Ali has used the blog’s following to campaign, and in 2010 and 2012 rallied more than 1,000 of his followers to lobby outside London’s Parliament for official recognition of Somaliland.

Refugees are working on their own and with professional content and software creators to find bespoke ways to tell their stories. Dadaab Stories and the related Refugee News are two of the most elegant projects that have used the power of free social media tools (particularly Tumblr and YouTube) to help refugees publish stories. In these cases, professional filmmakers and refugees worked together to create ongoing social media coverage of the refugee camp for Somalians in Kenya.

Globally available and free technology platforms are helpful, but tools, platforms and projects are now emerging that are specifically aimed at refugees to allow them to self-organise and connect digitally.

Refunite is a social network designed to connect dispersed families that have low access to technology following displacement. It allows refugees to remain anonymous to everyone other than their family members, which aids those who may not be able to register with formal institutions because they are awaiting asylum decisions or are stateless. The platform currently reaches more than 500,000 refugees and is aiming to connect 1 million during 2015. It is geared towards low-end mobile technology to ensure that nearly anyone can use it. It can even be accessed using an interactive voice response system or text-messaging for those who are illiterate or don’t have internet access.

Low-cost and low-barrier-to-entry technologies such as these are proving to be a key part of connecting refugees in crisis. The UNHCR is telling the world the story of Jordan’s Zaatari camp via Twitter (which has claimed to be the first refugee camp with an official Twitter account). Nasreddine Touaibia, a UNHCR communications associate at the camp described how WhatsApp, a free or low-cost mobile messaging system, is being used by Syrian refugees to self-organise. “Urgent messages are sent to these groups and they are reflected in the Facebook group later. It’s their own emergency broadcast network,” he told Index, describing how WhatsApp had been used to give warnings when flooding occurred at the camp.

South African technology startup Vumi is now trying to build on this trend of using low-cost messaging services to create technical products that can empower refugees to self-organise at scale. Its platform uses mass mobile messaging and low-fi browsing to enable access to civic information.

Building on its success in Libya of technically enabling Wikipedia Zero (a Wikipedia Foundation project which gives access to Wikipedia without data charges in 35 countries) and distributing voter information, the company is now in the planning stages for a project focussed on empowering refugees, in partnership with South Africa’s Lawyers for Human Rights, an NGO that deals largely with refugees in South Africa.

Various NGOs and other services are also using social media to provide platforms that help refugees re-settle. These are largely regionally based and aim to help refugees understand the legal and social contexts they are in. In the UK, the Refugee Council and Bail for Immigration Detainees provide online resources and tools that help refugees build and understand their legal cases. Migrant Voice, another UK-based organisation, provides training and tools to allow migrants (including refugees) to publish and communicate their stories.

Refugees and migrants certainly benefit from the uses of social media that everyone with internet access does; but the emerging platforms in the space are where the traditional model of solitary, isolated migrants can be disrupted. Tools specifically tailored to the needs of the excluded have the potential to create the most significant change in a networked world.

To read other articles from the issue, subscribe to the magazine in print, iPad, or phone find out more here or on iTunes, search for “Index on Censorship”.

This article and photograph is part of Across the wires, the spring 2015 issue of Index on Censorship magazine, and should not be reproduced without permission of the magazine editor. Follow the magazine on @Index_magazine

© Jason DaPonte

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