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In our increasingly digital times, freedom of expression may look like one of the positive beneficiaries of our ever more interconnected world. Countries like China or Iran build firewalls and employ small armies of censors and snoopers in determined attempts to keep their bit of the internet controlled and uncritical of their ruling elites. But with social media, blogs, citizen journalism, and ever greater amounts of news on a diverse and expanding range of sites, information is shared across borders and goes around censors with greater ease than ever before.

Yet online and off, free speech still needs defending from those in power who would like to control information, limit criticism or snoop widely across people and populations. And it would be a mistake to think the free speech attackers are only the obvious bad guys like China, Iran or North Korea.

While Putin’s Russia jails members of Pussy Riot, passes new laws to block websites and journalists continue to face risks of violent attack, it is Turkey, in 2013, that has more journalists in jail than even Iran or China. In 2004, the European Union assessed Turkey as democratic enough to be a candidate for EU membership. Today, Turkey’s government puts pressure on media companies and editors to rein in critical journalists and self-censorship is rife.

Meanwhile, in the UK, a fully paid-up member of the democracy club, the government and opposition argue over whether Parliament should regulate the print media (“statutory underpinning”, to use the jargon introduced by the Leveson Report into the phone-hacking scandal). On 18 March, the UK’s three main political parties agreed on a new press regulation system whereby an independent regulator would be set up by royal charter. And in this debate over media standards and regulation, the most basic principle, that politicians should not in any way control the press (given their interests in positive, uncritical press coverage), has been too easily abandoned by many. Yet the press faces big questions: what has happened to its standards, how can individuals fairly complain? Similar debates are under way in India, with corruption and the phenomenon of ‘“paid news” among concerns there. Falling standards provide easy targets for those who would control press freedom for other reasons.

Plenty of governments of all shades are showing themselves only too ready to compromise on civil liberties in the face of the large amounts of easily accessible data our digital world produces. Shining a light on requests for information — as Google and Twitter do in their respective transparency reports —  is one vital part of the campaigns and democraticdebate needed if the internet is not to become a partially censored, and highly monitored, world.

Google’s recent update of its figures for requests for user data by law enforcement agencies shows the US way ahead of other countries — accounting for over a third of requests with 8,438 demands, with India coming in at 2,431 and the UK, Germany and France not so far behind India.

Both India and the UK have also used too widely drawn laws that criminalise “grossly offensive” comments, leading to the arrest and prosecution of individuals for innocuous social media comments. Public outcry and ensuing debate in both countries is one sign that people will stand up for free speech. But such laws must change.

A new digital revolution is coming, as millions more people move online via their mobiles. As smart phone prices fall, and take-up expands, the opportunities for free expression and accessto information across borders are set to grow. But unless we are all vigilant, whether we face democratic or authoritarian regimes, in demanding our right to that free expression, our digital world risks being a partially censored, monitored and fragmented one. This is the global free speech challenge of our times.

magazine March 2013-Fallout

This article appears in Fallout: free speech and the economic crisis. Click here for subscription options and more.

Index Index – International free speech round up 07/02/13

A woman in Timbuktu says she was lashed by Islamist militants for talking to a man who wasn’t her husband. Salaka Djicke was caught talking to her lover on 31 December last year and was then sentenced to 95 lashings by a Islamic tribunal on 3 January. Djicke fell in love with the married man after he accidentally called when dialling a wrong number more than a year ago, and their relationship quickly blossomed. When Islamic extremists occupied Northern Mali in April 2012, Shariah law was quickly implemented, forbidding women from communicating with men. Her punishment was captured on film by local residents. The man — who Dijcke didn’t name in fear of rebel fighters returning — remains in Mali’s capital after fleeing the night they were discovered. Prior to France’s intervention in Northern Mali earlier this year, Islamist militants introduced strict Shariah law, issuing punishments such as flogging and stoning for perpetrators.

Hubert - Shutterstock

  — Is this how you remember Michelangelo’s David? A town in Japan want to preserve the statue’s modesty

On 6 February, a radio station owner was murdered in Paraguay. Marcelino Vázquez was shot by unknown assailants as he left work at Sin Fronteras 98.5 FM in the city of Pedro Juan Caballero. He was on his way from the radio station to a local night club he also owned, but was stopped by two men on a motorcycle and shot several times. While Sin Fronteras is predominately music-focused, it features a regular news show covering a variety of issues. A parliamentary coup in June 2012 and the subsequent removal of President Fernando Lugo has had a negative impact on freedom of information and expression in Paraguay.

Lawyers for three members of Russian punk band Pussy Riot are appealing their convictions at the European Court of Human Rights. Representatives for Maria Alekhina, Yekaterina Samutsevich and Natalia Tolokonnikova are in Strasbourg today (7 February), after they filed a complaint on 6 February against their two year prison sentences. They said the convictions violated four articles of the European Convention on Human Rights: the right to free speech, fair trial, liberty and security and the prohibition of torture.The trio was first sentenced following their “punk-prayer” performed at Moscow’s main cathedral in February 2012 protesting Vladimir Putin’s return to power.

A radio journalist was shot on his way to work in Peru on 6 February. At the time of the attack, Juan Carlos Yaya Salcedo was driving to the Radio Max station where he worked, in the town of Imperial. He was shot in the leg by an unknown assailant and is expected to make a full recovery and return to work soon. Yaya, who hosts radio show Sin Escape (Without Escape), has never faced threats in the past but police said the attack was likely the result of his journalistic work, as the perpetrators didn’t attempt to steal anything. Yaya said the attack could have resulted from his reporting on the poor construction of a community building in the nearby town of Nuevo Imperial.

Residents of a town in Japan have complained about the erection of replica statues of Michelangelo’s David, requesting that he wear underpants. Okuizumo citizens told town officials that the 16-foot renaissance sculpture’s exposed penis could frighten their children, as some of the replicas, funded by a local business man, were installed in a local park where children often play. Most of the town’s 15,000 residents approved the Renaissance art tributes, and no plans have been made to clothe the statue. Japan has stringent laws regarding nudity. While watching and distributing porn is legal in the country, the country’s authorities request that genitalia be pixelated.

Arts

Pussy Riot – Russian Punk Group

Feminist punk collective Pussy Riot made international headlines in 2012 when they were arrested for their anti-Putin performance in Christ the Saviour Cathedral, Moscow. Maria Alyokhina, Nadezhda Tolokonnikova and Yekaterina Samutsevich performed the so-called punk prayer in February 2012, imploring the Virgin Mary to “throw Putin out”. International media followed the consequent court case closely, many denouncing it as no different from a Communist show trial.

In August 2012, the three were sentenced to two years in jail for hooliganism motivated by religious hatred, although Samutsevich was later freed on appeal. Despite Putin’s attempt to make an example of the trio, they have come to represent the struggle for free speech and justice in Russia and garnered support worldwide including from fellow musicians, among them Madonna, Sting and Yoko Ono.

The verdict was a bitter blow for freedom of expression in Russia, which has been under increasing attack since Putin’s re-election to the presidency in March 2012. But Pussy Riot members remained defiant, and delivered clear, pointed and excoriating attacks on the Putin regime in their closing statements from the dock. Yekaterina Samutsevich explained the setting for their protest:
“That Christ the Saviour Cathedral had become a significant symbol in the political strategy of the authorities was clear to many thinking people when Vladimir Putin’s former [KGB] colleague Kirill Gundyayev took over as leader of the Russian Orthodox Church”.

Maria Alyokhina spoke more generally about her country: “Russia, as a state, has long resembled an organism sick to the core. And the sickness explodes out into the open when you rub up against its inflamed abscesses. At first and for a long time this sickness gets hushed up in public, but eventually it always finds resolution through dialogue.”

As punk musician John Robb said “the 40 seconds performance in Christ the Saviour Cathedral was like the sound check for their performance in the dock”.

Photo: Demotix / Maria Pleshkova

Zanele Muholi – South African Photographer

Zanele Muholi is an award-winning photographer and LGBT activist whose work focuses on gender and sexual identity in post-Apartheid South Africa. The Open Society Initiative for South Africa has described her as “one of the country’s foremost artists”. Through her work, Muholi has documented the lives of the South Africa’s black lesbians in a manner that questions traditional perceptions of the black female body.

“In the face of all the challenges our community encounters daily, I embarked on a journey of visual activism to ensure that there is black queer visibility,” she told the New Yorker. Her images are both a statement and an archive, “marking, mapping and preserving an often invisible community for posterity”.

Although South Africa bans discrimination on the basis of sexuality, hostility towards sexual difference is pervasive and extremely violent. Homosexuality is still taboo and lesbians have been the targets of horrendous hate crimes including murders and “corrective rape”. Zanele told Index “Between March and September 2011, four lesbians had been murdered and between June and Nov. 2012, eight black lesbians have been killed. The political climate does nothing for the rights of those in danger right now.”

In 2009, Lulama Xingwana, the then minister for arts and culture, walked out of one of Muholi’s exhibitions. Xingwana later told press that she found the images of nude, lesbian couples “immoral” and against “nation-building”. As Zanele: “Many who have come out in the black community have been ostracised, disowned and others harmed. The social climate is that of fear. The townships are gripped by unthinkable violence and fear. “

Zanele has continued to work in spite of this hostility. However she suffered the greatest attack possible on an artist last year when more than 20 external hard drives representing more than five years’ work were stolen from her flat. One contained images of the funerals of three lesbians killed in hate crimes. “It was devastating, I got depressed and I went into mourning, but it also sparked a fierce desire in me, to continue to create and document. It temporarily set me back, but I am back on my grind.”

Photo: Flickr / museedesconfluences

Haifaa al Mansour– Saudi-Arabian film maker

In October 2012, filmmaker Haifaa al Mansour broke new ground in Saudi Arabia. Not only did she create the first film to be shot entirely in Saudi Arabia, but she is also the country’s first female filmmaker. No small feat in a country where women cannot drive, vote or work with men. Under the Saudi guardianship system, women are treated like minors. Regardless of their age, they are forbidden from travelling, studying or working without consent from their male guardians.

Against this backdrop, Al Mansour pressed ahead with her film Wadjda, which was shot entirely in Saudi Arabia using local actors, including two women in leading roles. The film follows a 10-year-old girl in the capital Riyadh who longs for a bike even though it is forbidden for women to cycle. But instead of being frustrated by the country’s strict laws, Al Mansour looked for innovative solutions to the challenges she faced. The film has received critical acclaim in the West. E Nina Rothe, for instance, described her as a ‘talented, ground-breaking film maker’ in the Huffington Post.

In a society where starring in films is frowned upon, finding female cast members was just one of these challenges. Another was the fact that Saudi Arabian women are not allowed to walk the streets alone. As a result, Al Mansour was forced to rely on location scouts to find the perfect spots to film. Filming also proved tricky and when in conservative neighbourhoods, she hid in a van and directed the cast from a phone or walkie-talkies.

Even though Al Mansour’s first feature film has received widespread critical acclaim, the chances are it won’t be shown in her home country, where there are no cinemas. She hopes however that people will watch it on satellite television or on DVD. Like other countries in the region, Saudi Arabia was hit by a wave of popular discontent in early 2011. In the wake of the Arab Spring, the authorities have clamped down on public criticism of officials or government policies.

Photo: Shutterstock.com / andersphoto

Aseem Trivedi – Indian Cartoonist

25-year-old Indian cartoonist Aseem Trivedi has emerged as one of India’s most controversial satirical artists. In September 2012, he was taken into custody and charged with sedition for allegedly ‘insulting the constitution’. The complainant against him claimed ‘there is nothing bigger than the Indian constitution’.

Trivedi’s cartoons are often scatological critiques of the authorities, showing politicians as animals urinating on the constitution. Other cartoons depict schoolchildren being taught ‘How To Be Corrupt’, and government officials making a drink from the blood of countrymen.

Trivedi has shown great courage in standing up to various attempts to silence him. In January 2012, his website Cartoons Against Corruption was suspended by the Mumbai Crime Branch for its supposedly offensive content – but shortly afterwards he reacted by establishing a blog hosting content in a similar vein. Speaking to the Wall Street Journal, he said his intention was to depict the ‘ailing truth’ of the nation and send a strong message to the population. His consistent claim that it is foolish to enshrine respect of national symbols in law has been crucial in forcing the Indian public to consider their own views on some of India’s more archaic laws around blasphemy and sedition. He also challenges Section 66a of the Indian government’s Information Technology Act, which curtails free expression online. During December 2012, Trivedi fasted for eight days in protest.

India’s record on free expression is far from exemplary. Kunal Majumber, principal correspondent for the Indian daily Tehelha, told Index, ‘“Here we are laughing at Pakistan for trying to prosecute an 11-year-old girl for blasphemy, but in our country we’re trying to prosecute someone for sedition. Sometimes it’s funny we call ourselves the largest democracy on earth.”

Arts

Pussy Riot – Russian Punk Group

Feminist punk collective Pussy Riot made international headlines in 2012 when they were arrested for their anti-Putin performance in Christ the Saviour Cathedral, Moscow. Maria Alyokhina, Nadezhda Tolokonnikova and Yekaterina Samutsevich performed the so-called punk prayer in February 2012, imploring the Virgin Mary to “throw Putin out”. International media followed the consequent court case closely, many denouncing it as no different from a Communist show trial.

In August 2012, the three were sentenced to two years in jail for hooliganism motivated by religious hatred, although Samutsevich was later freed on appeal. Despite Putin’s attempt to make an example of the trio, they have come to represent the struggle for free speech and justice in Russia and garnered support worldwide including from fellow musicians, among them Madonna, Sting and Yoko Ono.

The verdict was a bitter blow for freedom of expression in Russia, which has been under increasing attack since Putin’s re-election to the presidency in March 2012. But Pussy Riot members remained defiant, and delivered clear, pointed and excoriating attacks on the Putin regime in their closing statements from the dock. Yekaterina Samutsevich explained the setting for their protest:
“That Christ the Saviour Cathedral had become a significant symbol in the political strategy of the authorities was clear to many thinking people when Vladimir Putin’s former [KGB] colleague Kirill Gundyayev took over as leader of the Russian Orthodox Church”.

Maria Alyokhina spoke more generally about her country: “Russia, as a state, has long resembled an organism sick to the core. And the sickness explodes out into the open when you rub up against its inflamed abscesses. At first and for a long time this sickness gets hushed up in public, but eventually it always finds resolution through dialogue.”

As punk musician John Robb said “the 40 seconds performance in Christ the Saviour Cathedral was like the sound check for their performance in the dock”.

Photo: Demotix / Maria Pleshkova

Zanele Muholi – South African Photographer

Zanele Muholi is an award-winning photographer and LGBT activist whose work focuses on gender and sexual identity in post-Apartheid South Africa. The Open Society Initiative for South Africa has described her as “one of the country’s foremost artists”. Through her work, Muholi has documented the lives of the South Africa’s black lesbians in a manner that questions traditional perceptions of the black female body.

“In the face of all the challenges our community encounters daily, I embarked on a journey of visual activism to ensure that there is black queer visibility,” she told the New Yorker. Her images are both a statement and an archive, “marking, mapping and preserving an often invisible community for posterity”.

Although South Africa bans discrimination on the basis of sexuality, hostility towards sexual difference is pervasive and extremely violent. Homosexuality is still taboo and lesbians have been the targets of horrendous hate crimes including murders and “corrective rape”. Zanele told Index “Between March and September 2011, four lesbians had been murdered and between June and Nov. 2012, eight black lesbians have been killed. The political climate does nothing for the rights of those in danger right now.”

In 2009, Lulama Xingwana, the then minister for arts and culture, walked out of one of Muholi’s exhibitions. Xingwana later told press that she found the images of nude, lesbian couples “immoral” and against “nation-building”. As Zanele: “Many who have come out in the black community have been ostracised, disowned and others harmed. The social climate is that of fear. The townships are gripped by unthinkable violence and fear. “

Zanele has continued to work in spite of this hostility. However she suffered the greatest attack possible on an artist last year when more than 20 external hard drives representing more than five years’ work were stolen from her flat. One contained images of the funerals of three lesbians killed in hate crimes. “It was devastating, I got depressed and I went into mourning, but it also sparked a fierce desire in me, to continue to create and document. It temporarily set me back, but I am back on my grind.”

Photo: Flickr / museedesconfluences

Haifaa al Mansour– Saudi-Arabian film maker

In October 2012, filmmaker Haifaa al Mansour broke new ground in Saudi Arabia. Not only did she create the first film to be shot entirely in Saudi Arabia, but she is also the country’s first female filmmaker. No small feat in a country where women cannot drive, vote or work with men. Under the Saudi guardianship system, women are treated like minors. Regardless of their age, they are forbidden from travelling, studying or working without consent from their male guardians.

Against this backdrop, Al Mansour pressed ahead with her film Wadjda, which was shot entirely in Saudi Arabia using local actors, including two women in leading roles. The film follows a 10-year-old girl in the capital Riyadh who longs for a bike even though it is forbidden for women to cycle. But instead of being frustrated by the country’s strict laws, Al Mansour looked for innovative solutions to the challenges she faced. The film has received critical acclaim in the West. E Nina Rothe, for instance, described her as a ‘talented, ground-breaking film maker’ in the Huffington Post.

In a society where starring in films is frowned upon, finding female cast members was just one of these challenges. Another was the fact that Saudi Arabian women are not allowed to walk the streets alone. As a result, Al Mansour was forced to rely on location scouts to find the perfect spots to film. Filming also proved tricky and when in conservative neighbourhoods, she hid in a van and directed the cast from a phone or walkie-talkies.

Even though Al Mansour’s first feature film has received widespread critical acclaim, the chances are it won’t be shown in her home country, where there are no cinemas. She hopes however that people will watch it on satellite television or on DVD. Like other countries in the region, Saudi Arabia was hit by a wave of popular discontent in early 2011. In the wake of the Arab Spring, the authorities have clamped down on public criticism of officials or government policies.

Photo: Shutterstock.com / andersphoto

Aseem Trivedi – Indian Cartoonist

25-year-old Indian cartoonist Aseem Trivedi has emerged as one of India’s most controversial satirical artists. In September 2012, he was taken into custody and charged with sedition for allegedly ‘insulting the constitution’. The complainant against him claimed ‘there is nothing bigger than the Indian constitution’.

Trivedi’s cartoons are often scatological critiques of the authorities, showing politicians as animals urinating on the constitution. Other cartoons depict schoolchildren being taught ‘How To Be Corrupt’, and government officials making a drink from the blood of countrymen.

Trivedi has shown great courage in standing up to various attempts to silence him. In January 2012, his website Cartoons Against Corruption was suspended by the Mumbai Crime Branch for its supposedly offensive content – but shortly afterwards he reacted by establishing a blog hosting content in a similar vein. Speaking to the Wall Street Journal, he said his intention was to depict the ‘ailing truth’ of the nation and send a strong message to the population. His consistent claim that it is foolish to enshrine respect of national symbols in law has been crucial in forcing the Indian public to consider their own views on some of India’s more archaic laws around blasphemy and sedition. He also challenges Section 66a of the Indian government’s Information Technology Act, which curtails free expression online. During December 2012, Trivedi fasted for eight days in protest.

India’s record on free expression is far from exemplary. Kunal Majumber, principal correspondent for the Indian daily Tehelha, told Index, ‘“Here we are laughing at Pakistan for trying to prosecute an 11-year-old girl for blasphemy, but in our country we’re trying to prosecute someone for sedition. Sometimes it’s funny we call ourselves the largest democracy on earth.”

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