1 Jul 2014 | India, News

(Image: Shutterstock)
A month has passed since Narendra Modi became prime minister of India, and brought the right wing Hindu nationalist BJP (Bharatiya Janta Party) back into power. Much has been written about his government, with observers either hailing him as an economic messiah who will fix India’s dwindling economy or a divisive politician who has built his career on the back of communalism.
Those watching freedoms, especially of free speech and the media, are among the people apprehensive about life under Modi’s government. While the prime minister himself has blogged about the importance of free expression, recent arrests, including of citizens directly critical of him, paint a worrying picture. Additionally, the rise of “communal posts” on social media, real or planed, have lead to violence on the ground, and a debate about how best to police social media and free speech online.
In June, a young Muslim IT graduate lost his life to an angry mob in the city of Pune, Maharashtra, due to violence that erupted after morphed pictures of a historical figure appeared on Facebook and WhatsApp. The pictures were said to be triggers for crowds to damage shops and public transport, ultimately resulting in communal violence and the loss of an innocent life. However, reports from the Anti Terror Squad of the Maharashtra police indicate that the outbreak of violence following the uploaded picture does not seem sporadic or unplanned.
The state government has issued familiar warnings about the misuse of social media by groups that are looking to incite communal tension. Home Minister, R. R. Patil, was quoted as saying that “anti-social elements are posting inflammatory posts to stoke hatred, bitterness and disharmony between sects”, warning that such posts could result in action not just against those who post the photos, but also those who “like” them. Of course, this was the same state which saw two girls were arrested last year for allegedly sparking communal violence — one for writing a Facebook update, and the other girl simply for “liking” it. Therefore, any action by the government needs to be tempered by what the fallout could be for ordinary citizens and their right to free speech.
But authorities are not alone in seeking a solution to the problem of potentially inflammatory social media postings — civil society groups are also trying novel ideas to counter the trend. Ravi Ghate, a social entrepreneur and founder of a community SMS newsletter in Maharashtra, has banded together with like-minded folks to form a group on Facebook called “Social Peace Force”. Amassing over 18,000 members in ten days, the mission of the group is to “stop anti-social messages on Facebook” by reporting them as spam. “It’s the easiest and technological way to fight the culprits who are spreading anti-national messages/images and stopping ourselves from development!” is the logic the group adheres to. Many of the new members have posted comments indicating their genuine desire to help stop the spread of abusive and communal messages. Therefore, once identified, all members of the group will report a message or posting to Facebook thereby pressurising them to remove the post before it can do any more damage. The group has also instituted a panel of experts who are meant to examine any troubling post and give the go-ahead for the group to act.
What has spurred this move? “How many times can you go to court,” Ghate told Index. “It is too expensive. And the problem is that by the time the police takes down the content, the riot has already taken place.” For them, “suppressing content at the source” in a timely manner is key. A technological solution within the boundaries of Facebook’s own rules of engagement seems to some a far more pragmatic solution than going to the courts again and again.
Seen from a broader lens however, the group’s solution seems to be to shift the onus from the courts to decide the parameters of free expression and “objectionable” content, to big, profit-making, multinational corporates. What might seem today a no-brainer because of some obviously mischievous content, could in time, pose an interesting dilemma: Should social media giants control the boundaries of (social media based) speech in countries such as India, based on their own internal policies, and not the laws of the land? And all this, because of a push by the citizens themselves, to bypass courts and go directly to the corporates.
It is ironic that “Big Brother’ – which is what some newspaper headlines called the group – when translated into Hindi could be interpreted as “elder brother”, indicating a protective instinct, which certainly seems to be the case here. The current mandate of the group is only to focus on religious content to keep “social harmony”. That in itself is not a straightforward task; just ask Wendy Doniger, author of ‘The Hindus: An Alternative History’. However, this and the many spinoff groups they will inspire could morph into something they did not intend. Legitimate art, literature, satire and other forms of expression could become victims of the mob. Then there is danger of more organised groups and political parties taking to social media directly to suppress content — especially political critique — on a regular basis. And finally, those who wish to subvert social media platforms to have an excuse to incite violence on the street, will certainly find more creative ways to do so.
There is of course, the other side of the coin. Will Facebook remove content that has been pre-determined to be objectionable when faced with a large number of people reporting it? The simple answer is, we don’t know. Facebook has its own community standards, and these cover a broad range of topics, including the following: “Facebook does not permit hate speech, but distinguishes between serious and humorous speech. While we encourage you to challenge ideas, institutions, events, and practices, we do not permit individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.”
And a recent experiment by an Indian think-tank revealed that Facebook did not necessarily remove content flagged as objectionable by users, solely on the basis of it being flagged. As Facebook told them: “We reviewed the post you reported for harassment and found it doesn’t violate our Community Standards.” It is quite possible that the newly formed Social Peace Force will feel let down by Facebook as well, if content is not removed immediately. What happens then?
However, this latest development harks back to the problems with India’s current legal mechanisms. India’s IT Act has become infamous for a certain Section 66(A) which can be used to arrest people for information used for the purposes of “annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will”. Public outrage at wrongful arrests led to the courts passing an order that no person would be arrested without “prior approval from an officer not below the rank of inspector general of police”. At the same time, the establishment is not above slapping graver charges (such as inciting communal violence) under other sections of Indian law — including the Indian Penal Code — for fairly innocuous activity. This has lead to some amount of distrust at the government’s own commitment to freedom of expression.
Of course, citizens have a right to appeal to social media platforms if they take offense to any content posted there. The point remains, however, that maintaining communal harmony and law and order is a tricky and layered problem. The role of the state, and the loss of confidence citizens have in it, must be addressed as well. Earlier solutions have included the state governments of Jammu and Kashmir preempting violence by switching off social media and YouTube for a few days, in the wake of burgeoning riots around the world because of the video “The Innocence of Muslims”. At another time, the government of India restricted text messages to five a day to curtail vicious rumours targeting a minority community settled in south India. India’s National Integration Council met in September 2013 after social media posts had been blamed for causing riots in Uttar Pradesh, and many states are setting up social media monitoring departments to raise “red flags”, much like the Social Peace Force itself.
A coherent and honest study of the abuse of social media platforms by fringe groups to incite violence should take place. Given the fast paced nature of the medium, the question for a country as prone to communal riots as India is: how can one control them? Is counter-speech to drown out hate speech a strategy to be employed? Is clamping down on free speech effectively going to reduce religious intolerance? Does bypassing legal routes and going straight to the “source” help? A national dialogue on the matter might be more fruitful in the long run than the flowering of surveillance groups cutting across the board — be they citizen or state-led.
This article was published on June 30, 2014 at indexoncensorship.org
20 Jun 2014 | Digital Freedom, News, Russia

@AndreiSoldatov and @cyberrights at the @IndexCensorship Brussels event on Press Freedom in Russia Turkey Azerbaijan. Photo: Ricardo Gutiérrez
On Thursday, Index hosted a discussion with five leading media experts from Turkey, Russia, and Azerbaijan. As journalists, bloggers, entrepreneurs and campaigners, they experience first-hand how censorship – online and off – is being ramped up in their countries, and they argue that their stories are still not being sufficiently heard.
Turkey’s Yaman Akdeniz and Amberin Zaman, Russia’s Andrei Soldatov and Anton Nossik, and Azeri blogger Arzu Geybulla shared shocking stories about journalists harassed in government-led smear campaigns, the arrests on spurious criminal charges of those who speak openly on social media, and the growing role of governments in blocking free expression online.
“The internet is becoming less and less independent of government interference,” Nossik told the Brussels audience.
Index works with writers – including authors, journalists and bloggers – and artists globally to help them tell a wider world about the threats they face. We are a platform that allows individuals to speak for themselves, and fights for those who cannot.
In the first article from one of our event speakers, Andrei Soldatov assesses the state of online freedom in Russia:
Since November 2012, we’ve been living in a country with the internet censored extensively by a nationwide system of filtering.
This system has been constantly updated ever since. Now we have four official blacklists of banned websites and pages: the first one is to deal with sites deemed extremist; the second is about sites blocked because of child pornography, suicide and drugs; the third consists of sites with copyright problems; the fourth, the most recent one, was created in February and lists the sites blocked without a court order because they call for non-sanctioned protests. There is also an unofficial fifth blacklist aimed not at sites but at hosting companies, based abroad, which have proven themselves not very cooperative with Russian authorities.
Technically, the internet filtering system in Russia is not very sophisticated. Thousands of sites were blocked by mistake, while if you want to access a blocked site you can do that using circumvention tools or even very basic things like Google translate.
At the same time very few people were sent to jail for posting critical things online, and relatively few new media were put under direct government pressure.
But surprisingly, freedom of expression on the internet in Russia has been hugely affected: users have become cautious in their comments, and internet companies, the largest in the country, even when invited to talk to Putin, are so frightened that they failed to raise the issue of regulation at the meeting.
The beauty of the Russian approach is that it doesn’t need to be technically sophisticated to be efficient. It also doesn’t need mass repression against journalists or activists.
So why is that?
Basically, the Russian approach is all about instigating self-censorship. To do this, you need to draft the legislation as broad as possible, to have the restrictions constantly expanded — like the recent law which requires bloggers with more than 3.000 followers to be registered — and companies, internet service providers, NGOs and media will rush to you to be consulted and told what’s allowed. You should also show that you don’t hesitate to block entire services like YouTube – and companies will come to you suggesting technical solutions, as happened with DPI (deep packet inspection). It helps the government to shift the task of developing a technical solution to business, as well as costs.
You also need to encourage pro-government activists to attack the most vocal critics, to launch websites with list of so-called national traitors, and then to have Vladimir Putin himself to use this very term in a speech.
All that sends a very strong message. And as a result, journalists will be fired for critical reporting from Ukraine by media owners, not by the government; the largest internet companies will seek private meetings with Putin, and users of social networks will become more cautious in their comments.
We have seen this before – the very same approach was used against traditional media in the 2000s. What made the situation on the internet special is that the government found a way to shift the task of providing a technical solution for censorship to companies, including the global ones, and make the companies pay for the system. The way global platforms seem to respond to that is not very impressive. Localisation cannot be a solution because it helps to localise the problems of censorship. Now the Russian search engine Yandex presents two different maps of Ukraine, with and without Crimea, for the Ukrainian and Russian audiences respectively.
The biggest problem with this approach is that it provokes governments to put more pressure on global platforms. One day Twitter was heavily criticised by a Russian official in a pro-Kremlin paper who threatened to block the platform completely. The next day Twitter rushed to block an account of Pravy Sector, one of the most-anti Russian political parties in Ukraine, and blocked it for Russian users.
This article was published on June 20, 2014 at indexoncensorship.org
19 Jun 2014 | Azerbaijan Statements, Campaigns, Digital Freedom, Digital Freedom Statements
The following is a transcript of a joint oral statement, led by ARTICLE 19 and supported by several IFEX members, that was read aloud today, 19 June 2014, at the 26th UN Human Rights Council session in Geneva:
Thank you Mr. President,
Two years ago this Council affirmed by consensus that “the same rights that people have offline must also be protected online, in particular freedom of expression”.
In 2014, the outcome document of Net-Mundial in Brazil recognised the vital role of the internet to achieve the full realisation of sustainable development goals. 31 UN Special Rapporteurs recently affirmed that guaranteeing the free-flow of information online ensures transparency and participation in decision-making, enhancing accountability and the effectiveness of development outcomes.
Development and social inclusion relies on the internet remaining a global resource, managed in the public interest as a democratic, free and pluralistic platform. States must promote and facilitate universal, equitable, affordable and high-quality Internet access for all people on the basis of human rights and net-neutrality, including during times of unrest.
The blocking of communications, such as the shutdown of social media in Malaysia, Turkey, and Venezuela is a violation of freedom of expression and must be condemned. Dissent online must be protected. We deplore the detention of Sombat Boonngamanong in Thailand, who faces up to 14 years imprisonment for using social media to urge peaceful resistance to the recent military coup in the form of a three-finger salute.
One year after the Snowden revelations, this Council must recognise that trust in the internet is conditional on respect for the rights to freedom of expression and privacy online, regardless of users’ nationality or location. Any mass (or dragnet) surveillance, which comprises collection, processing and interception of all forms of communication, is inherently disproportionate and a violation of fundamental human rights.
The targeted interception and collection of personal data must be conducted in accordance with international human rights law, as set out in the necessary and proportionate principles. Critical and intermediate infrastructure must not be tampered with for this end, nor should any system, protocol or standard be weakened to facilitate interception or decryption of data.
ARTICLE 19 urges the Human Rights Council to take action to comprehensively address these challenges.
Thank you.
Signed,
ActiveWatch – Media Monitoring Agency
Africa Freedom of Information Centre
Albanian Media Institute
Arabic Network for Human Rights Information
ARTICLE 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility
Egyptian Organization for Human Rights
Foro de Periodismo Argentino
Foundation for Press Freedom – FLIP
Freedom Forum
Human Rights Watch
Index on Censorship
Institute for the Studies on Free Flow of Information
International Press Institute
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Pacific Islands News Association
Pakistan Press Foundation
PEN Canada
Privacy International
Reporters Without Borders
Southeast Asian Press Alliance
South East European Network for Professionalization of Media
West African Journalists Association
World Association of Community Radio Broadcasters – AMARC
Access
Alternative Informatics
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Bangladesh Internet Governance Forum
Bangladesh NGOs Network for Radio and Communications (BNNRC)
Barys Zvozskau Belarusian Human Rights House
Big Brother Watch
Bir Duino (Kyrgyzstan)
Bits of Freedom
Bolo Bhi Pakistan
Bytes For All
Center for e-parliament Research
Centre for Internet & Society
Center for National and International Studies, Azerbaijan
Center for the Development of Democracy and Human Rights, Russia
Chaos Computer Club
CIVICUS: World Alliance for Citizen Participation
Digital Rights Foundation, Pakistan
Electronic Privacy Information Center
English Pen
European Centre for Not-for-Profit Law (ECNL)
Helsinki Citizens’ Assembly – Vanadzor
Human Rights Monitoring Institute, Lithuania
International Centre for Not-for-Profit Law (ICNL)
International Federation for Human Rights (FIDH)
Kazakhstan International Bureau for Human Rights and Rule of Law
Kenya Human Rights Commission
Liberty
OpenMedia.org
Open Net Korea
Open Rights Group
Panos Institute West Africa
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC)
Simon Davies, publisher of “Privacy Surgeon”
Thai Netizen Network
Zimbabwe Human Rights Forum
13 May 2014 | Asia and Pacific, News, North Korea

Gymnasts at Arirang festival in Pyongyang, North Korea (Image: Roman Kalyakin/Demotix)
Jang Jin-sung, formerly poet laureate for North Korea, is one of its highest-ranking defectors and most vocal critics. A meteoric career that saw him also become chief propagandist in the United Front Department, engaging in counter-intelligence and psychological warfare against South Korea, he was also one of Kim Jong Il’s inner circle — a dreamlike life of privilege shattered when he found the bodies of famine victims lying in the streets of his home town. Facing almost certain death for the crime of mislaying a prohibited text, he dramatically escaped to China in 2004 and defected to South Korea. Based on his insights from working in the elite, he argues that the official narrative of North Korea being run under the absolutist genius of the Kim dynasty and the Korean Workers Party, is a lie. Power was not harmoniously transferred upon Kim Il Sung’s death in 1994 to his son, Kim Jong Il — instead Kim Jong Il had long before usurped his father with the support of the clandestine Organisation and Guidance Department (OGD), while Kim Il Sung spent his last years under virtual house arrest, bamboozled by his own cult, created by his son. Kim Jong Il directed the OGD under his reign and he legitimised “every single policy and proposal, surveillance purge, execution, song and poem”, but upon his death in 2011, however, the bequest of leadership upon his son Kim Jong Un was solely symbolic; the OGD took charge. That year, Jang set up New Focus International to give insight and analysis to North Korea. This week he talked about the OGD as “the single most powerful entity in North Korea” to the All-Party Parliamentary Group on North Korea. His words were translated by NFI’s international editor, Shirley Lee, and the talk was chaired by Lord David Alton.
The OGD is “the entity that controls everything. This is where all roads end, all chains of command, and all power structures go,” Jang said. “The real power structure, nothing has changed since Kim Jong Il’s time. The OGD is still just as it is, the same men are in the same positions of power.” Yet the OGD is so secret and compartmentalised a structure, it’s only fully comprehended by the most senior leaders, and known to “less than a dozen” of the approximate 26,000 refugees out of North Korea. That lack of knowledge has meant that traditionally, outside observers omitted the OGD’s existence, basing their views on diplomatic notes, refugee testimonies and political theories which Pyongyang has successfully fed into with propaganda about the Kims’ omnipotence, to obscure its power structures. Hence, many observers interpreted the purge of Kim Jong Un’s uncle Jang Song Thaek as the new leader getting rid of his old guard to make his own power network, whereas it was really the OGD liquidating a rival. South Korea has also connived to keep a lid on knowledge of the OGD. When Hwang Jong Op, the international secretary of the Korean Workers’ Party and principal author of the state philosophy of Juche, defected and sought to tell of the OGD, the South’s then Sunshine Policy “was based on a policy of engagement that sought not to provoke the North Korean regime, [so] they actually silenced his testimony from appearing,” said Jang.
Whereupon while “every single person seen as the second, third, fourth most powerful man, has been purged or destroyed … every single powerful member of the OGD has remained”. They will stay in power as the OGD is in effect North Korea’s “human resources department, it appoints everyone”. The vetting of appointees is based on trust, and loyalty secured by cadres knowing any perception of disloyalty will imprison them, their parents and their children. “No-one is exempt from this… because no matter how big you are, if you do something wrong, you are sending your family to prison camp to rot away for the rest of their lives, never to be seen again.” As Lee put it, “you’re not going to kill your own family to change that”. Jang himself has tried many times to contact his parents in North Korea, but has never succeeded. “You can’t begin to think about what his parents may be suffering but that just makes him stronger,” said Lee.
The OGD appoints all generals and makes all military orders, with the military’s autonomy compromised like everything else by the OGD’s all-pervasive surveillance structure. Party committees of spies are installed across all sectors from diplomacy to tourism, down to each and every apartment block — “the OGD has eyes and ears everywhere”. It is backed by the OGD’s secret police and system of prison camps that the group developed into a weapon of mass terror while it usurped Kim Il Sung. He was prevented from seeing friends or family by his OGD-appointed bodyguards, a corps now numbering 100,000. He “died as a scarecrow, he was nothing,” said Lee.
As well as these physical means of control, the state seeks to monopolise all information flows and uses incredible psychological and emotional force to ensure its citizens’ loyalty. “In North Korea the only politically correct faith to have is in the cult of the Kims,” said Jang, while religious organisations like the Chosun Association or Buddhist association are run by the UFD, and Christians end up in prison camps. “The only narrative that matters is of the righteous sovereignty of the state.”
Yet for all the surface illusion of power, the nuclear weapons, the police and prison system, “it is a country that’s ruined inside, it’s a collapsed state. They do not control the price of an egg, and that is a huge deal”. Black markets have almost entirely supplanted the government monopoly of provision of goods, ranging from clothing to food, which collapsed in the mid-1990s as millions perished in the famine. This has created two classes, those loyal to the party because of their stake in the status quo; and the market class of people who were abandoned by the state and survive on the black market. Critically, this means that for promotions, status, power or material wealth, “the currency has converted from loyalty to money,” said Jang, “and that has broken the cult of North Korea for everyone”.
Economic “reforms” are really state efforts to try control the black markets, which have at times suffered violent crackdowns, for having become “a black hole that sucked in the control mechanisms of the state”. Equally, however, the regime cannot survive without them, as “the market feeds the people”. The country is also suffering from criminal activities actually sanctioned by the regime, namely counterfeit dollar bills, meth amphetamine production and computer hacking. “It’s not the world that’s suffering, the country is being destroyed by the regime’s own creations,” as government computers are hacked and fake bills and drugs run through society. Refugee statements say meth amphetamine abuse has become “just part of the ordinary life”.
Meanwhile the markets live off information. “The price of rice, the price of your life rises and falls in terms of knowing outside world information…ordinary people know it’s an advantage to listen to the outside world [information],” and Jang endorses the set up of a BBC Korea service to broadcast into North Korea. “The only way to break the dictatorship of force is by breaking that emotional monopoly over the people… There is no more effective tool that the world can do than to acknowledge that the North Korean people have the right to another narrative than that the party supplies.”
“More important is that no one in the North today believes it will last for ever,” but “the one thing that is stopping them from acting is there is no other way. Everyone is trying to do it the regime’s way”. This extends from efforts to deal with Pyongyang’s nuclear bomb program, which fail because international frameworks don’t apply to North Korea — “the only way the world can resolve the nuclear problem is seeing the regime transform. You can’t do it within their demands” — to the country’s appalling human rights record. “Those who think putting human rights on the agenda would jeopardise engagement and dialogue are wrong. North Korea is more desperate for dialogue at the state level than the West is. They [the North Korean state] need that to sustain what is happening right now.” Putting human rights atop all agendas would mean “there is nowhere left for the North Korean leadership to stand”.
“Stop looking at the regime as the agent of positive transformation,” said Jang, and engage with those with no stake in the status quo. Meanwhile, China, as the North’s sole supporter, is key to its survival and to brook any change. “China supports North Korea because it’s more convenient to support it than not,” said Jang, adding that Kim Jong Il hated China more than anybody “because he was at their mercy”, while Beijing’s anger at Jang Song Thaek’s execution was because it was “like the nightmare of Kim Jong Il would continue”. On Wednesday China warned North Korea against carrying out another nuclear test. And while China has yet to host Kim Jong Un, it has already welcomed South Korea’s President Park with open arms. Repeatedly reaffirming North Korea’s human rights record, damningly detailed by the United Nations’ Commission of Inquiry Into Human Rights in the DPRK in March, to the Chinese government may pressure them into giving up the forceful repatriation of North Korea refugees, which leads to prison or death, according to Lord Alton. “The scariest thing for China is to start to get moral blame for what’s going on in North Korea. So it will want to be seen to be doing the right thing.” On that, Jang said any retribution befalling the regime for human rights abuses, “the OGD will blame will Kim Jong Un alone”.
Again it’s an issue of perception. “In North Korea, I thought change could not come because the regime was so powerful. When I came to South Korea I learned that North Korea was not transformed because the South Koreans didn’t know it could.” Indeed, “the only thing holding North Korea back from transforming is that the world isn’t ready for it.”
The talk was organised with help from the European Alliance for Human Rights in North Korea. Jang’s book Dear Leader (UK Random House, US, Simon & Schuster) is out now.
This article was posted on May 13, 2014 at indexoncensorship.org