2 Feb 2015
By Thomas A. Bass
Today Index on Censorship begins publishing a serialisation of Swamp of the Assassins by American academic and journalist Thomas Bass, who takes a detailed look at the Kafkaesque experience of publishing his biography of Pham Xuan An in Vietnam.
These are dark days in Vietnam, as the courts decree long prison terms for writers, journalists, bloggers, and anyone else with the temerity to criticize the country’s rulers. The brief efflorescence of Vietnamese literature that followed the collapse of the Berlin Wall in 1989—known as doi moi, or the Renovation movement—is long gone. After twenty years of black pens and prison, the censors have wiped out an entire generation of Vietnamese writers, driving them into silence or exile.
I myself have spent the last five years fighting with Vietnam’s censors, as they busied themselves cutting, rewriting, and then blocking from publication a Vietnamese translation of one of my books, The Spy Who Loved Us (2009). Based on a New Yorker article published in 2005, the book tells the story Pham Xuan An, the South Vietnamese journalist, whose remarkable effectiveness and long-lived career as a spy for the North Vietnamese communists—from the 1940s until his death in 2006—made him one of the greatest spies of the twentieth century. Trained in the U.S. as a journalist and using his profession as his cover, An worked as a correspondent for Time during the Vietnam war and served briefly as the magazine’s Saigon bureau chief. Charged with drawing battlefield maps, following troop movements, and analyzing political and military news, An leaked invaluable information to the North Vietnamese Army.
After the war, the victorious communists made An a Hero of the People’s Armed Forces and elevated him the rank of general. He is a natural subject for a biography, and, indeed, six have already been published, including another work in English by Georgia State University historian Larry Berman. Called Perfect Spy (2007), the book characterizes An as a patriot, a strategic analyst who observed the war from afar, until he happily retired to his living room, where he entertained a stream of distinguished visitors, from Morley Safer to Daniel Ellsberg.
My own account of An’s life is more troubling. I concluded that this brilliant raconteur developed a second cover as a spy. Claiming to be a friend of the West, an honest man who never told a lie (although his whole life was based on subterfuge), An had worked for Vietnamese military intelligence, not only throughout the Vietnam war, but also for thirty years after the war. At the same time, Vietnam’s northern power brokers distrusted this wise-cracking southerner who was outspoken in his attacks on the corruption and incompetence of Vietnam’s communist government. An’s rise in military rank was slow and begrudging, and he had been kept under police surveillance for years. The Vietnamese government might initially have been pleased by the prospect of publishing not one, but two, American-authored books on their “perfect spy,” but the longer the censors squinted at my version of An’s life, the more nervous they got, and the more the story had to be chopped and rewritten before it could be approved for publication.
After rejecting offers to translate my book from several publishers, including the People’s Public Security Publishing House (an official arm of Vietnam’s Ministry of Public Security) and the Ministry of Culture, Sports, and Tourism (one of the country’s largest censors), I signed a contract in July 2009 with Nha Nam, a respected publisher whose list of translated authors ranges from Jack Kerouac and Annie Proulx to Umberto Eco and Haruki Murakami. Nha Nam is an independent publisher, one of the few in Vietnam not affiliated with a ministry or other state censor. Nha Nam is occasionally fined for publishing “sensitive” books, and sometimes their titles are pulled from the shelf and pulped. Only later would I learn that Nha Nam’s status as an independent publisher does not guarantee its independence, but to their credit, the company has kept me apprised of every move made over the past five years to censor The Spy Who Loved Us.
Many authors ignore their books in translation. They delegate the sale of subsidiary rights to their agents and barely glance at the texts that arrive later in German or Chinese. I planned something different for my Vietnamese translation. I suspected it would be censored and wanted to track the process. I asked my agent to write into my contract a clause stating that the book would not be published without my prior consent and that I had to be consulted about changes made to the manuscript. Other clauses wired the book like a literary seismometer. I wanted it to record the work of the censors, to register their preoccupations and anxieties, so that by the end of the day I would know what the Vietnamese government feared and wanted to suppress.
The process of translating my book into Vietnamese began in March 2010, when I received an email saying, “I am Nguyen Viet Long of Nha Nam company, now editing the translation of The Spy Who Loved Us. I should like to correspond with you in regard to the translation.”
Long begins by asking if I know the correct diacritical marks for the name of Pham Xuan An’s grandfather. These are missing in English but important in Vietnamese, and I appreciate his attention to detail. Unfortunately, the rest of his email adopts a more aggressive tone. “You make some mistakes,” he writes, before correcting a laundry list of items. Many of these mistakes are not really mistakes, but questions of interpretation or judgment or matters of dispute in the historical record. They are the Vietnamese equivalent of inside baseball, arcane tidbits good for keeping scholars dancing on pinheads.
For example, did Jean Baptiste Ngo Dinh Diem (the first president of the Republic of Vietnam) become a provincial governor at the age of twenty-five? This depends on the day he was born, which is not an easy question to answer. People in Vietnam customarily fudge their birth dates, a practice recommended for scaring away demons, improving astrological signs, and attracting younger mates. An obscure item for an American author is apparently a big deal for the Vietnamese. If one assumes that Ngo Dinh Diem was an American puppet, a running dog for the imperialist invaders, then the last thing one wants to do is credit him with youthful accomplishment. Hence, one denies that he was the youngest governor in Vietnamese history and complicates the issue so extensively that it becomes easier simply to drop the claim.
Responding to a query from my literary agent, Long on March 15 writes, “There will be (absolutely) censorship, the book is sensitive. But please do not worry. We will keep talking to the author and will do our best to protect as much as possible the wholeness of the book.”
Long is trying to rush the book into print by April 30th—the auspicious day marking the end of the Vietnam war. After my agent reminds him that he is contractually obligated to show me the translation of the book before it can be published, Long misses the first deadline, and then he misses more deadlines, until, finally, six months later, in September 2010, I receive a copy of the galleys. The first thing I notice is an unusual number of footnotes scattered throughout the text, in a book that originally had no footnotes. I have enlisted a coterie of friends—academics, translators, an ex-CIA agent, and a former U.S. diplomat and his Vietnamese wife—to review the translation. They come back to me with sobering news. Apparently, many of the footnotes begin by saying, “The author is wrong.” Then they correct my “mistakes.”
Clearly, I have misunderstood the function of Vietnamese editors. Even before my book goes to the real censors—the chaps who control Vietnam’s publishing licenses—it has to be massaged in-house. Long will do the first whack, and the more efficiently he prunes, the more appreciated he will be by the state officials who can cap their black pens and turn to censoring more important things.
Part 2: Fighting hand-to-hand in the hedgerows of literature
This first installment of the serialisation of Swamp of the Assassins by Thomas A. Bass was posted on February 2, 2015 at indexoncensorship.org
6 Jan 2015 | Egypt, Middle East and North Africa, News
Journalist Mona El Iraqi colluded with security forces in a raid on a public bathhouse allegedly frequented by gay people (Image: Al Kahera Wal Nas TV Network/YouTube)
When prominent Egyptian actor Khaled Abul Naga criticised President Abdel Fattah El Sisi counter-terrorism policies in Sinai in a video posted on the El-Bawaba news website last November, he was slammed by government loyalists and Egypt’s pro-regime media.
Lawyer Samir Sabry, notorious for filing legal complaints against opposition activists, filed a lawsuit against Abul Naga accusing him of “treason” and “inciting anti-government protests”. In a telephone interview with the Egyptian privately-owned satellite channel Sada El Balad, Sabry said “those who go against the will of the people who elected El Sisi, must be punished”.
Abul Naga’s prosecution reflects the growing intolerance in Egyptian society and the persistent intimidation of dissenters since the ouster of Islamist President Mohamed Morsi some eighteen months ago. Since the military takeover of the country on 3 July, 2013, anyone expressing a view that runs counter to the official narrative is labeled a “traitor” and a “spy” by supporters of Egypt’s military-backed regime.
Even more disturbing than the criminal charges faced by Abul Naga is the barrage of insults hurled at him by government loyalists in the media who poked fun at the actor’s alleged sexual orientation.
Talk show host Tawfiq Okasha scandalously mocked Abul Naga’s sexuality, hinting that the actor was gay.
“Why do you sleep on your stomach and not on your back?” the controversial TV presenter (and owner of Faraeen Channel) asked, adding that there must have been a reason why Abul Naga was exempted from military service.
Mazhar Shaheen, a pro-government cleric who presents a talk show on a privately-owned satellite channel, also scoffed at Abul Naga, suggesting that he leave the country.
“If you are not happy with the military’s performance, you should go to either Syria or Iraq,” he said, addressing Abul Naga.
“But watch your pants while you are there,” he sarcastically warned.
Abul Naga’s lampooning by the pro-government media reflects the shrinking space for free expression in today’s Egypt. It also highlights the increased vulnerability of and continued discrimination against the LGBT community in Egypt’s deeply conservative society.
In recent months, Egypt’s gay population have increasingly been targeted amid a brutal crackdown that has seen 150 suspected homosexuals arrested and detained since November. While Egyptian law does not expressly ban homosexuality, gay people are frequently charged with “debauchery” and detained. Muslim scholars and prosecutors have condoned the arrests, arguing that “homosexuals are shameful to God” and that “it is the government’s duty to protect morality” — a conservative view that is widely shared by the Egyptian public. A Pew survey conducted in 2013 found only three per cent of Egyptians accept homosexuality.
While disdain for homosexuality is not new in Egypt, inflammatory reporting by Egypt’s pro-government media has in recent months further fuelled prejudice against gay people and deepened the stigma associated with homosexuality.
Last month, TV reporter Mona El Iraqi who works for the privately-owned Al Kahera Wal Nas TV channel, colluded with security forces in a raid on a public bathhouse in downtown Cairo, allegedly frequented by gay people. Iraqi used her cell phone to take pictures of 26 half-naked men wrapped only in bath-towels as they were arrested. After sending undercover agents to the bathhouse to spy on visitors, she alerted the police, claiming that “promiscuous orgies” were taking place there. On 7 December, police — accompanied by Iraqi’s camera crew stormed the bathhouse and indiscriminately arrested the suspects.
Iraqi unashamedly posted pictures of the half-naked men on her public Facebook page. The images were removed a couple of hours later after she was lambasted by rights activists enraged by what they described as her “insensitivity” and “flagrant intolerance”. Defending her actions in a Facebook post, she insisted that the bathhouse was a “hotbed of immorality” and was “helping spread HIV and AIDS in Egypt”.
Despite the outpouring of horror over the bathhouse raid on social media networks, Iraqi’s episode was broadcast to “mark World AIDS Day and spread awareness about the causes of HIV and AIDS in Egypt” — according to Iraqi.
The 26 men who were arrested were charged with “debauchery” and subjected to intrusive anal checks to determine their sexuality. Human Rights Watch has decried the anal examinations, describing them as being in violation of “international standards against torture“. The forensics report claimed that two of the 26 defendants may have been subjected to rape as signs of struggle were evident on the bodies of the men in question. At the trial last Sunday, defence lawyers argued however, that it was almost impossible to verify whether the men had indeed practiced homosexuality. They also slammed the decision to allow Iraqi to film the arrests, describing the move as “unconstitutional”. Denouncing the arrests, they said it was only natural for the men to have been naked “for they were either in the shower or the steam bath when police stormed the premises”. Khaled Naqash, one of the defence lawyers meanwhile, claimed his client had been fully dressed but was stripped naked by the police before his arrest. The defendants’ families were barred from entry into the courtroom and complained they were “ruffled up” by security guards who had apparently already condemned the defendants even before the verdict has been pronounced. The trial has been adjourned until 12 January when the fate of the men will be decided.
The latest mass arrests are reminiscent of the 2001 so-called “Queen Boat raid“, when security forces stormed a floating nightclub moored on the Nile in Cairo’s affluent neighbourhood of Zamalek, arresting 52 men. That incident sparked international outrage and condemnation and sent a chilling message to Egypt’s LGBT community. Rights advocates say the latest arrests are even more disturbing than the Queen Boat incident as they show media colluding with the police instead of holding security forces to account for their actions.
The bathhouse raid also comes hot on the heels of similar raids on gay hangouts in Cairo in recent months including cafes, bars and even private house parties. In March last year, four men were arrested in a raid on a house party after police allegedly found the men dresses in women’s clothing. The men were accused of “debauchery” and sentenced to eight years in prison. In September, a video of an alleged “gay wedding ceremony” posted online prompted the arrest of another eight men including the alleged “gay couple” who were seen in the video exchanging rings and hugging. While all the men had reportedly tested “negative” for homosexuality, they were nevertheless, sentenced to three years in prison each. A Cairo appeals court later reduced the sentences to one year in prison. The court also ruled however, that the men would remain under police surveillance after completing their jail terms. Last Sunday, El Youm El Sabe’ reported that two men were arrested in Alexandria by “morality police” and charged with “debauchery” and “destroying public morals”.
The recent spate of mass arrests of gay suspects has sparked serious concerns for Egypt’s LGBT community.
“I no longer feel safe,” Karim, a 26 year-old Egyptian homosexual told Index. “Egypt has never been safe for us but things are worse now under the military-backed authorities because we know we are being targeted.” He explained that the current regime was trying to woo the conservatives in the society by “appearing more Islamist than the ousted Islamist regime”.
“I’m always looking over my shoulder now and constantly live in fear,” said Mohamed, 32, another member of Egypt’s LGBT community. “I would leave Egypt if I could.”
For Mohamed and other gay people in Egypt, what is even more worrying than persecution and prosecution is the humiliation and shame they may bring onto their families if their identities were revealed — as has happened with the defendants in the recent bathhouse case.
“Now that the media is aligned with the police, we are at serious risk of public defamation and loss of dignity,” he lamented.
“What is even sadder is that few Egyptians are denouncing the arrests of gays as some media are telling the public that homosexuality is a disease that will destroy public morality and hence, it is necessary to rid the society of the scourge,” he added.
Buthayna Haleem ( her name has been changed to protect her identity) an Egyptian lesbian writer is one of the few people in Egypt condemning the raids.
“It is not something that concerns others,” she told Agence France Press in a recently televised interview. “This is oppression against people.”
Update: An earlier version of this article incorrectly stated Mona Iraqi had removed the images posted to Facebook. Facebook removed the images because they violated the service’s terms.
This article was published on 6 January 2015 at indexoncensorship.org
22 Dec 2014 | Belarus, Digital Freedom, News
Belarusian authorities attempt to hide a financial crisis by silencing critical voices in a new clampdown on media.
Several independent news sites were blocked in Belarus on 20 December. They include Naviny.by, Charter97.org, belaruspartizan.org, UDF.by, gazetaby.com, onliner.by and the website of BelaPAN, the only independent news agency in the country. No official explanations have been provided so far.
“It is still unknown who did that and for what reason. However, it is clear that the decision to block the ID addresses could only be made by authorities as in Belarus the government has monopoly on providing IP addresses,” the statement of BelaPAN Information Company reads.
These actions coincided with the decision of the government to introduce a 30% fee for purchasing of foreign currency as expectations of devaluation grew among the population of Belarus. On Saturday, Liliya Ananich, the Information Minister, gathered editors of leading non-state media and advised them “not to escalate the panic in the Belarusian society”. According to the minister, the coverage of the financial crisis in independent media “contravenes the interests of the state”.
“In times like these all media, both state and non-state, must work for the country,” Ananich told the editors, and warned that those who do not get the message might face sanctions.
Just three days before that, on 17 December, the parliament of Belarus adopted amendments to the Media Law that provides for official status of mass media for online news publications. Thus, online media might face the same restrictions, warnings and even closure for infringements of the Media Law as offline. The Law was adopted urgently without any discussions with civil society and independent professional community. It comes into force from 1 January 2015 – but, as it turns out, the authorities do not need any legal provisions to block news sites.
The special services of Belarus have a significant arsenal of means of blocking content online that they have used before. As it was revealed in Index’s Belarus: Pulling the plug policy paper, there are different ways the state authorities restrict freedom of expression online, including a repressive legal framework, online surveillance, website blocking and filtering, and cyber-attacks against independent websites and content manipulation.
The recent developments show the authorities of Belarus have no intention to stop its restrictive practices towards free speech. Internet has remained the last relatively free domain of freedom of expression in Belarus. As the country is moving into 2015, the year of the next presidential election, this space looks set to be shrinking further.
This article was posted on 22 December 2014 at indexoncensorship.org
19 Dec 2014 | India, News
The state of free speech in India remains a cause for concern judging by the rise in recorded attacks on the media and the increasing use of defamation suits — the most marked trends in 2014.
The figure for attacks on the media rose sharply with better data collection. There were at least 85 attacks this year. For the first time, since January 2014, the National Crime Records Bureau (NCRB) has begun collecting data on attacks on the media as a separate category.
Reported cases of defamation and legal notices alleging defamation totaled 21 in 2014 (till December 15). Of the eleven new cases recorded, seven were filed against media, two against college publications, and 3 against individual politicians. Two were court orders against publishers, a total of 14. Those against the media included the cases filed by Justice Swatanter Kumar and Indian captain M.S. Dhoni; politician Gurudas Kamat, and the Sahara Group.
In addition, one defamation conviction was upheld in a case filed earlier, against Vir Sanghvi when he was at the Hindustan Times.
Seven legal notices were served during the year — five to media houses, one to a marketing federation for the advertisement they ran, and one to journalist-authors. The last was sent by Mukesh Ambani-led Reliance Industries Ltd to Paranjoy Guha Thakurta and other authors of the book Gas Wars: Crony capitalism and the Ambanis. A Rs 100 crore notice was sent by industrialist Sai Rama Krishna Karuturi, Managing Director of Karuturi Global Ltd, to environmental journalist Keya Acharya. Infosys, and a former police commissioner in Pune also served legal notices on the media in the year gone by.
There was a drop in the deaths of journalists from eight in 2013 to two this year. However, a hate crime was recorded in the death of a software engineer in Pune, underlining the spike in hate speech cases. Apart from censorship across media and of books, theatre and film, there were at least 85 cases of attacks on journalists, 62 of which were from Uttar Pradesh alone.
These and other instances form part of the reported cases in the Free Speech Tracker of the Free Speech Hub till December 15, 2014. A project of the media watch site The Hoot the Free Speech Hub has been monitoring freedom of expression in India since 2010 and this is its fifth annual report. The tracker looks at a range of issues, including journalists’ deaths, attacks on journalists and on citizens, threats and arrests arising out of free speech issues, censorship, defamation, privacy, contempt, surveillance, and hate speech.
Seven defamation notices, and six legal notices were against media houses or journalists. In addition police complaints alleging defamation were also filed. The defamation cases also resulted in gag orders against the media, drawing criticism from the Editors Guild of India but to no avail. A defamation case filed by former President of the BJP, Nitin Gadkari also resulted in the arrest of Aam Aadmi Party leader Arvind Kejriwal in May, for calling the former corrupt. Kejriwal refused to furnish a bail bond and was remanded to judicial custody. The latest case, a Delhi police directive to radio stations to stop broadcasting a jingle from the Aam Aadmi Party on the grounds of defamation, only served to illustrate the extreme sensitivity of the powers that be to any criticism.
Clearly, defamation cases act as a pressure and silencing tool. Congress spokesperson and former minister Manish Tiwari faced arrest in a criminal defamation case filed by former BJP President Nitin Gadkari for alleging that the latter held a ‘benami’ flat in the Adarsh housing society. But after a summons was issued for his arrest, Tiwari submitted an unconditional apology and the case was withdrawn.
In another case, the Sahara media group filed a defamation case against Mint editor Tamal Bandopadhyay and the Kolkata High Court stayed the release of his book, Sahara: The Untold Story but a disclaimer and a settlement followed and the case was withdrawn.
Hate speech remains on the fault lines of free speech and, given the unabashed use of hate propaganda during the campaign for the 16th Lok Sabha elections, there was a sharp spike in the number of hate speech cases to 20 this year, double the 2013 figure.
The arrest of people for Facebook posts continued, despite clear guidelines issued on cases related to Section 66 (A) of the Information Technology Act in the wake of the arrest of two students from Palghar in 2012 and a pending case challenging the provisions before the Supreme Court of India. Sedition cases also cropped up; a student was arrested in Kerala for sedition for remaining seated while the national anthem was being played in a cinema.
Apart from the ignominious cave in by book publishers to the demands of Hindutva organisations, as in the case of the Wendy Doniger book The Hindus, other attacks on the media and civil society activists and violence by vigilante groups bent on imposing a regressive moral agenda, added to the potent brew for free speech violations in 2014.
Highlights
Deaths : Two journalists and a victim of a hate crime
There has been a drop in the deaths of journalists from eight in 2013 to two this year. Tarun Acharya in Odisha and M.N.V. Shankar in Andhra Pradesh were brutally killed days after reporting on malpractices by local business people.
The third death, of 24-year old Mohsin Shaikh, a software engineer in Pune, was triggered by a Facebook post allegedly defamatory to 17th century Maratha ruler Shivaji and the late Shiv Sena leader Bal Thackeray. The engineer had no connection with the Facebook post but was targeted because his beard indicated his identity as a Muslim. Police arrested the founder of the Hindu Rashtra Sena, Dhananjay Desai, for a hate crime.
In 2013, eight journalists died, including Sai Reddy who was killed by Maoist groups in Chhattisgarh. In April 2014, these groups admitted that killing Reddy was a mistake. There were five deaths in 2012 and three in 2011.
Defamation cases and legal notices increase to 21
Defamation cases and legal notices threatening defamation had a chilling effect on freedom of expression with 21 instances being recorded through the year, an increase from the two cases in 2012 and seven in 2013. From politicians to business houses, lawyers, former judges and media houses, defamation notices were sent against book publishers, advertisers, other media houses and journalists.
Arrest of 13 persons, including a journalist under NSA, a student for sedition and three persons for Facebook-related content
In Kerala, nine students were arrested for a crossword clue in a college magazine allegedly unfavourable to Prime Minister Narendra Modi. Other arrests included a journalist from Assam, allegedly due to links with insurgency groups and a student from Kerala on charges of sedition for remaining seated while the national anthem was being played in a cinema and three others for Facebook-related content.
Censorship: 85 instances
The number of instances of censorship this year fell to 86 from 99 in 2013 and 74 in 2012. Internet-related censorship fell marginally from 32 in 2013 to 27 this year. Ten of these instances were related to Facebook posts that attracted cases and triggered violence in at least three instances. There were 25 instances of censorship in print and the broadcast media, including five gag orders on media reportage and one on radio broadcasts of an advertisement.
Censorship showed an overall decrease from 99 instances last year to 85 this year. However, censorship in the broadcast media saw an increase to 14 instances, besides five instances of gags on media coverage of sensitive issues being obtained by a range of people, including former judges charged with sexual harassment and sports bodies and educational institutions.
Attacks, threats and harassment: 101 instances
Direct physical attacks on the media and on citizens for freedom of expression issues remained high, with at least 85 cases of attacks recorded by the media alone in 2014. In addition, there were three attacks on other citizens, ten cases of threats and three of harassment.
For the first time, the National Crime Records Bureau has begun collecting data on attacks on the media as a separate category from January this year. In a written reply to a question in the Lok Sabha, the Minister of State for Information and Broadcasting Rajyavardhan Rathore said that, up to June, 62 of these cases occurred in Uttar Pradesh.
According to the Minister’s reply, up to August 8, there were six cases each in Bihar and Madhya Pradesh, with no arrests in Bihar but eight in Madhya Pradesh. Cases of attacks on the media were also registered in Andhra Pradesh, Gujarat, Assam and Meghalaya and seven people were arrested in connection with the cases in Andhra Pradesh, Gujarat, Maharashtra, and Meghalaya.
While more details are awaited on these attacks and on how many were related to professional work, the Hoot’s Free Speech Tracker has details of 18 instances of attacks and 12 instances of threats recorded this year. Of these, 15 attacks and nine threats were directed at the media, including a police assault on journalists covering news events, the sand mafia attacking an environmental journalist, separate instances of a petrol bomb and gunshots fired on the homes of journalists and reports of journalists being used as ‘human shields’ in Kashmir.
Sharp spike in hate speeches
This year saw the sharpest rise in hate speeches from two in 2012 and ten in 2013 to 22, peaking in the run-up to what was billed as the most divisive general election in India’s history. Apart from riots that broke out due to the circulation of videos or inflammatory messages, instances of hate propaganda and riots marked the increase in hate speeches in the country and, given the scheduled elections to various state assemblies, shows no signs of abating till the end of the year — witness the reports of the hate speech made by BJP Minister Sadhvi Niranjan Jyoti in December 2014.
Snapshot of the last three years
| Categories |
2014 |
2013 |
2012 |
Deaths of journalists
Death due to hate crimeTotal |
02
0103 |
08
|
05 |
Attacks on the media
Attacks on citizens
Threats
Harassment
Arrests/detentionsTotal |
85
03
10
03
04105 |
20
04
0225 |
39
|
| Censorship :
Gags on all media
Print
Electronic media
Internet
Feature films
Documentary films
Theatre
Art
Music
Literature and educational curriculum
Total |
06
06
14
26
10
04
04
–
0511
86 |
15
11
32
21
02
02
03
06
07
99 |
08
04
41
14
07
74 |
| Privacy & Surveillance |
08 |
13 |
05 |
Defamation cases
Legal notices
Court order Total |
12
07
0221 |
07 |
02 |
Hate speech
Hate propagandaCourt cases on hate speech restrictions |
20
0202 |
10 |
02 |
| Policy, regulation |
02 |
07 |
03 |
Sedition (including three withdrawals)
Contempt
Legislative privileges |
05
03 |
02
02
01 |
|
The year in review
Free speech violations in 2014 included the death of two journalists for their investigative stories on malpractices in local businesses, the killing of a young software engineer in Pune for what police termed a ‘hate crime’, an increase in defamation cases and legal notices to curb reportage of a range of issues, increasing attacks on the media and civil society activists, violence by vigilante groups and a spike in hate speech cases during various election campaigns.
While the number of deaths of journalists for their work may have fallen from the eight of the preceding year to two this year — Tarun Acharya and M.N.V. Shankar – they underline the extreme vulnerability of journalists working in small towns, particularly on unearthing crimes.
Acharya, 29, was a stringer for Kanak TV in Odisha and was killed on May 27 in Khallikote town of Ganjam district. He had done an investigative story on the alleged employment of children in a cashew processing plant owned by one S. Prusty. Shankar, 52, a senior correspondent with Andhra Prabha newspaper, was killed in Chilakaluripet town of Guntur district on May 26, a few days after his newspaper published his report on the kerosene oil mafia. While the police arrested two persons in connection with Acharya’s murder, Shankar’s killers have yet to be found.
Attacks, arrests
This year saw an increase in attacks on the media, as officially recorded by the National Crimes Bureau for the first time, an increase in threats to journalists as well as the arrests of journalists for alleged involvement with insurgency groups and the arrest of citizens for posts on social media.
Of the eight cases linked to Facebook posts, one person was arrested for a post allegedly against West Bengal Chief Minister Mamta Banerjee; an Aam Aadmi Party activist was arrested for forwarding an allegedly anti-Modi text in Karnataka; a student was arrested for allegedly mocking the national anthem in Kumta, Karnataka; and in Kerala, a student was arrested for sedition for allegedly insulting the national anthem by remaining seated while it was being played in a local theatre.
Defamation
The intimidating effect of a possible defamation suit was clearly on the rise as 2014 recorded 21 instances of defamation against individuals and the media. These included 13 cases of defamation and six legal notices, besides one court order.
In May, Aam Aadmi Party leader Arvind Kejriwal was arrested in a defamation case filed by former president of the BJP, Nitin Gadkari, for calling the latter corrupt. He refused to furnish a bail bond and was remanded to judicial custody.
Former Supreme Court judge and National Green Tribunal Chairperson Justice Swatanter Kumar filed a defamation case against two English television channels and a leading English newspaper as well as a law intern who had filed a complaint of sexual harassment against him. He also managed to get a gag order on media reportage of the case.
In another case, India cricket captain M.S. Dhoni filed a Rs 100 crore defamation case in the Madras High Court against media houses Zee Media Corporation and News Nation Network over allegations of his involvement in match-fixing.
Clearly, defamation cases serve to silence people. Congress spokesperson and former minister Manish Tiwari faced arrest in a criminal defamation case filed by former BJP President Nitin Gadkari for alleging that the latter held a ‘benami’ flat in the Adarsh housing society. But after a summons was issued for his arrest, Tiwari submitted an unconditional apology and the case was withdrawn.
In another case, the Sahara media group filed a defamation case against Mint editor Tamal Bandopadhyay and the Kolkata High Court stayed the release of his book, Sahara: The Untold Story, but a disclaimer and a settlement followed and the case was withdrawn. Given that decriminalizing defamation has been a long-standing demand of journalists’ organisations, it is ironical that a media group such as Sahara should resort to defamation notices.
It was not the only one. India TV sent a defamation notice to aggrieved employee Tanu Sharma who had alleged sexual harassment and had attempted suicide outside the company’s office. It also sent a defamation notice to media watch site Newslaundry which carried a report on the incident.
Among the other cases, Infosys sent notices of Rs 2000 crore each to three publications owned by Bennett, Coleman and Co. Ltd and The Indian Express Ltd. Other multi-crore defamation notices included separate notices sent by Mukesh Ambani’s Reliance Industries Ltd and Anil Ambani-led Reliance Natural Resources Ltd to journalist Paranjoy Guha Thakurta, author of Gas Wars: Crony Capitalism and the Ambanis. The notices were an attempt to remove the self-published book from the website promoting it.
An Inter Press Service story by environmental journalist Keya Acharya on the legal, financial, tax, labour and land problems of the Ramakrishna Karuturi-owned Karuturi Global Limited in Kenya and Ethiopia attracted a Rs 100 crore defamation notice.
Censorship
Censorship showed an overall decrease from 99 instances last year to 86 instances this year. However, censorship in the broadcast media saw an increase to 14 instances, besides five instances of gags on media coverage of sensitive issues being obtained by a range of people, including former judges charged with sexual harassment and sports bodies and educational institutions. A gag on radio jingles by Delhi police was the latest attempt at censorship.
An increase in censorship was also recorded in the arena of literature and non-fiction books, including in academia. In February 2014, Penguin, the publishers of The Hindus: An Alternative Histor, by the well-known Indologist Wendy Doniger, decided to pulp all remaining copies of the book in an out-of-court settlement with Shiksha Bachao Andolan (SBA), which had filed a civil suit against the publishers in 2011.
The organization, headed by Dinanath Batra, targeted other publishers and Orient Blackswan followed suit to withdraw ‘Communalism and Sexual Violence: Ahmedabad since 1969’ by Dr Megha Kumar. The same publisher also put under review Sekhar Bandyopadhyay’s book From Plassey to Partition: A History of Modern India.
In 2008, SBA was instrumental in filing a complaint before the Delhi High Court seeking the withdrawal of A. K. Ramanujam’s essay, Three Hundred Ramayanas: Five Examples and Three Thoughts on Translations, from Delhi University’s history syllabus. In July 2014, following the election victory of the BJP, six of Batra’s books were prescribed as compulsory reading as supplementary literature in the Gujarat state curriculum.
Hate speech
Over the last few years, hate speech and hate propaganda have tested the limits to free speech. The Free Speech Tracker has recorded two instances of hate speech in 2012 and ten in 2013. By 2014, the number of hate speech cases doubled, with an additional complaint of hate campaigning.
The death of an innocent software techie, Mohsin Sadiq Shaikh, 24, at the hands of members of a Hindu fundamentalist group, the Hindu Rashtra Sena in Pune on June 4, was a chilling reminder of the violent consequences of hate propaganda. A Facebook post with allegedly derogatory photographs of 17th century Maratha ruler Shivaji and the late Shiv Sena leader Bal Thackeray had triggered violence in Pune and a mob chanced upon Shaikh and his friend, returning home after offering namaz. Shaikh, who was identified as a Muslim by the skull cap he wore, was beaten to death. Later, seven members of the organization, including its leader, Dhananjay Desai, were arrested and charged with his murder.
Other hate speech cases were recorded throughout the year, beginning with the general election campaign and continuing to the end of the year with a lawyer from Mumbai being charged with posting allegedly inflammatory content on Facebook and BJP MP Sadhvi Niranjan Jyoti making offensive remarks on December 3.
Prominent leaders of political parties, including BJP President Amit Shah, were booked for hate speech. Other political leaders charged with hate speech included Pravin Togadia (VHP), Ramdas Kadam (Shiv Sena), Giriraj Singh, Baba Ramdev, Tapas Pal (Trinamool Congress), Azam Khan (Samajwadi Party), Pramod Mutalik (Sri Ram Sene), Imran Masood and Amaresh Mishra (Congress-I).
Contempt, privacy and surveillance
Contempt cases continued to come up and three instances were recorded, including one case that cited the archaic provision of ‘scandalising the court.
Instances of privacy also continued to figure on the Free Speech Tracker as business people and social activists cited privacy concerns to stall books and films based on their lives. In the latter category, Gulabi Gang founder Sampat Pal sought a stay on a Bollywood feature film based on her life on the grounds of privacy and copyright but settled out of court. And the Bombay High Court directed the makers of a film based on the Khairlanji massacre to apply for a fresh certificate from the Central Board of Film Certification.
Surveillance, a growing issue both globally and nationally, remained a concern as the new government reiterated its plans to go ahead with the UPA’s controversial UID scheme even as it quietly continued the roll out of the surveillance programmes of the previous regime.
For a detailed list of the instances from the Free Speech Tracker, please click here.
This article was originally posted on 16 Dec 2014 at thehoot.org and is posted here with permission.
