Four places where social media could land you in jail

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

Facebook has nearly 1.2 billion monthly active users –that’s nearly 20% of the total global population. Yet, in some countries harsh sanctions and time in jail can be imposed on those who comment on social media, in the majority of cases for speaking out against their government.

China

China is infamous for its stance on censorship but September 2013 saw the introduction of perhaps one of their more bizarre laws: post a message online that the government deems defamatory or false and if it receives more than 500 retweets (or shares) or 5,000 views and the person responsible for the post could receive up to three years in jail.

For the post to be of concern to the government it must meet certain criteria before a conviction can occur. This includes causing a mass incident, disturbing public order, inciting ethnic and religious conflicts, and damaging the state’s image. And to top that off the post could also be a “serious case” of spreading rumours or false information online.

According to the Guardian one Weibo user, China’s largest microblogging site, wrote: “”It’s far too easy for something to be reposted 500 times or get 5,000 views. Who is going to dare say anything now?” whilst another claimed: “This interpretation is against the constitution and is robbing people of their freedom of speech”.

Vietnam

Decree 72 came into effect in Vietnam this year, a piece of legislation which makes it a criminal offence to share news articles or information gathered from government sites over online blogs and social media sites. The new law was criticised globally when it was announced in September as the latest attack on free expression in Vietnam adds to the list of censorship tactics already in place in the country; websites covering religion, human rights and politics have been blocked along with social media networks and some instant messaging services.

There are also fears that Decree 72 will risk harming international relations, with a direct impact on Vietnam’s economy, as well as internal restraints on the development of local businesses. Marie Harf, Deputy Spokesperson for the U.S. Department of State, said in a press statement: “An open and free Internet is a necessity for a fully functioning modern economy; regulations such as Decree 72 that limit openness and freedom deprive innovators and businesses of the full set of tools required to compete in today’s global economy.”

Burma

Going to jail merely for receiving an email would seem absurd to much of the world. In Burma this is written into law.The Electronic Transactions Law 2004 allows imprisonment of up to 15 years for “acts by using electronic transactions technology” deemed “detrimental to the security of the State or prevalence of law and order or community peace and tranquillity or national solidarity or national economy or national culture”. Put into layman’s terms that could mean a hefty jail sentence for being on the receiving end of an email the government isn’t so fond of.

Despite talks to remove the lengthy jail terms many feel the changes don’t do enough to tackle a problem with censorship the country has faced for several decades.

Gambia

Those who intend to critics the Gambian government online should only do so if they have a stack of money to spare, $82,000 to be precise, or be willing to spend 15 years in jail. Under the recently passed Information and Communication (Amendment) Act anyone accused of spreading “false news” about the government or public officials online will face these heavy sanctions. Other ways in which Gambians can find themselves behind bars includes producing caricatures or making derogatory statements against public officials online, inciting dissatisfaction via internet posts or instigating violence against the government online.

Article 19 condemned the Act, criticising it for being “a flagrant breach of the International Covenant on Civil and Political Rights (ICCPR), as well as the African Charter on Human and Peoples’ Rights (ACHPR), both of which Gambia is a party to”.

This article was posted on 11 Jan 2014 at indexoncensorship.org

Five activists punished by their governments for speaking out

Activists are continually harassed and punished for standing up and speaking out about social and political issues they feel are unjust in their country. Here are five activists whose government didn’t quite like what they had to say.

 

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Raif Badawi- Saudi blogger punished after calling for ‘day of liberalism’

It would seem absurd to most people that “liking” a Facebook page could land you in jail. However, that was one of the crimes charged against Raif Badawi after he “liked” an Arab Christian page on the social networking site. The young co-founder of the Liberal Saudi Network, a website that has since been shut down, was arrested in June 2012 for “insulting Islam through electronic channels”, including insulting Islam and portraying disobedience.

In January, a court had refused to hear apostasy charges against Badawi, concluding that there was no case. Apostasy carries the death sentence in Saudi Arabia. He has since been sentenced to 600 lashes and seven years in jail.

Eskinder Nega- Ethiopian blogger

Eskinder Nega is a well-known name in Ethiopia whose journalism has been recognised by major organisations globally; he is currently serving 18 years in jail for supposedly violating the country’s anti-terrorism legislation.

Nega was arrested in September 2011 after publishing, somewhat ironically, an article criticising his government’s detainment of journalists as suspected terrorists, in particular the arrest of Ethiopian actor and government critic Debebe Eshetu . Along with 23 others, he was then convicted of having links with US-based opposition group Ginbot Seven, an organisation Ethiopia had recently added to its list of terrorists.

This is not the first time Nega has been imprisoned for speaking out in defense human rights. Meles Zenawi’s government  handed him a total of eight sentences over the past decade. He is also not the only journalist to face prosecution under the Ethiopian government. According to the Amnesty Annual Report 2013 a number of journalists and political opposition members were sentenced to lengthy prison terms on terrorism charges for calling for reform, criticizing the government, or for links with peaceful protest movements. Much of the evidence used against these individuals consisted of examples of them exercising their rights to freedom of expression and association.

Shi Tao- Stung by Yahoo in China

2013 was a good year for Shi Tao; the Chinese reporter was finally released after documents leaked by Yahoo to his government saw him spend the past eight and a half years behind bars.

Tao sent details of a government memo about restrictions on news coverage of the Tiananmen Square massacre anniversary to a human rights forum in the United States. He was subsequently arrested in 2004 and sentenced the following year charged with disclosing state secrets.

Reporters Without Borders said the branch of Yahoo in Hong Kong assisted the Chinese government in linking Shi Tao’s email account to the message containing the information he had sent abroad. Yahoo was heavily criticised at the time by human rights activists and U.S. legislators with Jerry Yang, co-founder of Yahoo, publicly apologising to Shi Tao’s family.

Tao was released 15 months before the end of us 10 year restriction. It is unclear why his early release occurred.

Ngo Hao- Vietnamese blogger

You’re never too old to go to prison as 65-year-old activist Ngo Hao found out after he was handed 15 year sentence earlier this year on charges of attempting to overthrow the Vietnamese government. Accused of writing and circulating false and defamatory information about his government and its leaders, Hao was arrested in February. Further accusations included a peaceful attempt to instil an Arab Spring-style revolution and of working with dissident group Bloc 8406.

Reporters Without Borders criticised Hao’s trial for a lack of his right to a fair defence and the unwillingness to allow any family members to attend the hearing asides from his son.

Just weeks before an appeal court in the south of the country also sentenced two bloggers, Nguyen Phuong Uyen and Dinh Nguyen Kha. This takes the estimated total of bloggers behind bars in Vietnam to 36.

Jabeur Mejri- Tunisian blogger seven and a half years for posting on Facebook

After the 2011 Arab Spring many Tunisian bloggers were able to express themselves freely; a stark contrast to the censorship, arrest and jail they had come to expect under the rule of former President Ben Ali. One such blogger was Jabeur Mejri who, in March 2012, posted a cartoon of the Prophet Mohamed on his Facebook page, a post that sentenced the blogger to over seven years in jail for “attacking sacred values through actions or words” and “undermining public morals”.

The rise of ‘opinion trials’ has become a concern to many with Mejri being the first person sent to jail under the procedure. Lina Ben Mhenni told Amnesty International: “You can go to jail for a word or an idea. ‘Opinion trials’ have become part of our daily lives. As in many other countries, Tunisia’s taboo topics are religion and politics. You can’t criticize the government in general or the Islamists in particular.”

Belarus: academic freedom persecuted

Last summer it was announced that the Faculty of History of the state university in Hrodna, a regional centre in the West of Belarus, ceased to exist. A school of historic science known since 1954 was united with the Faculty of Tourism and Communication. This was the final revenge the authorities took on historians who dared to present the past of their city and their nation in a way that differs from the “official line.”

In the beginning of 2013 a group of historians of Hrodna State University published a book about the history of their city. Andrei Charnikevich, one of the authors of the book, was fired from the university; his sacking wasn’t done according to proper legal procedures and took longer than Siamion Shapira, a local governor, wanted. It ended up with him sacking the rector of the university, Yauheni Rouba. The governor’s instruction to a newly appointed rector was to “pay attention” to other lecturers and professors who were considered “disloyal”; all of them named. Viachaslau Shved was the next historian fired. Ihar Kuzminich, who taught law at the same university and was on that list as well, submitted a resignation letter himself and wrote an open letter to the governor in protest at the campaign of persecution against academia in Hrodna.

That was not the first instance of “ideological clear-up” in Belarusian universities. In 1990s Aliaksandr Kazulin, then a rector of the Belarusian State University, the major university in the country, received similar instructions to prevent teachers and students from oppositional activities. The irony of history made Kozulin an oppositional candidate at the Presidential election of 2006 (and he received no support from his former university during the campaign), and later a political prisoner.
But Hrodna University has not really been a centre of political or civic movements. It has always been one of the best educational institutions in Belarus. It has been quite active in adopting and implementing European standards of higher education. The authorities did not think of its professors as “disloyal” – they liked to show the university to foreign delegations and experts as exemplary to boast of achievements of the Belarusian education system.

To understand what happened in Hrodna, one has to take into consideration peculiarities of the system of higher education and its management in Belarus. Formally, all universities report to the Ministry of Education. The current minister of education, Siarhei Maskevich, is a former rector of Hrodna University; he was the one who launched teaching innovations and consolidation of the financial situation of the university. Can a minister destroy what he himself started? In Belarus, he can.

Belarusian ministers are not independent; they just implement policies as instructed by the Presidential Administration. Just as governors, like Siamion Shapira, and down to university rectors – they are all appointed by the President of the country; all candidates for these positions are carefully chosen and checked by the KGB and other authority structures. Thus, every official in this “power vertical” depends on the head of the state. No one is elected; the institute of self-governance is destroyed as such, it is substituted on all levels by state governance. It is true with any area and sphere of activities, including education.

Universities in Belarus have no autonomy; thus, academic freedom is seriously compromised. In fact there has never been any. Even in the first half of 1990s, when universities were allowed to elect their rectors, they were financially reliant on state subsidies, so they were not independent. But even such a nominal formality as elections of rectors was eliminated. Rectors of private universities are appointed by the authorities as well. Any attempts to protest leads to disastrous effects. In 2004 the European Humanities University had to stop its operation in Belarus after its staff protested against the fact their rector had to be appointed by the country’s president. They refused even after the Ministry of Education suggested appointing Anatoly Mikhailov as the rector, the same person who was elected by the staff – it was a matter of principle, and the principle of academic freedom was the key. The EHU had to go in exile and restored its activity in 2005 in neighbouring Lithuania.

Appointed rectors can stay in their positions as long as they satisfy those who appointed them, i.e. the Presidential Administration. The way to satisfy those “employers” is not by defending academic freedoms and rights of professors and students; it is merely by obeying orders and staying “loyal” to state ideology.

Professor Rouba, a previous rector of Hrodna State University, did not reject an order to “clean up” his university – he was just not in a hurry to fulfil it. And this is how he irritated the authorities, thus losing his job as the head of the university. Because in the end it is not about an alleged “danger” any “disloyal” professor poses to the state – it is about the system that requires orders to be executed, promptly and carefully.

The authorities can see “disloyalty” in anything. Ihar Kuzminich, the law professor of Hrodna University, wrote a textbook on human rights for schools a couple of years ago. The mere topic of the textbook suggested the Ministry of Education could not approve it. The book was used during informal workshops and training sessions on human rights. But it was not the real reason for Kuzminich to end up on the “disloyalty black list” and eventually lose his job. It was because of the fairy tales he writes. Characters of his tales live in a modern city and fight for their rights. Such a metaphor appeared to be more dangerous for the regime than textbooks.

It might seem absurd, but this is a reality in Belarus. Monitoring, conducted by the Agency of Humanitarian Technologies, gives a lot of evidence of persecution for professional activities. We can talk about the employment ban in the system of education of the country. Hundreds of teachers and university professors were persecuted and lost their jobs in Belarus. Such instances cover almost every filed of learning, but most of cases are noted in humanities; the repressed academics are historians, economists, sociologists, pedagogues.

Last year Belarusian Ministry of Education attempted to join the Bologna Process that unites universities all throughout Europe, including post-Soviet region. The authorities decided to take this step as they have started to see the clear economic benefits from joining, through the export of educational services. Belarusian universities have been quite popular with foreign students, especially ones from China, Vietnam, Turkmenistan and some other, predominantly Asian countries. But recent years showed a decrease in interest in Belarusian higher education, because diplomas of Belarusian universities are not recognised in many countries. Joining the Bologna Process is supposed to solve this problem and attract more foreign students.

The Presidential Administration approved the idea, and the Ministry of Education launched the whole programme of bringing Belarusian standards of higher education in line with European ones – for the exception of two of them, namely autonomy of universities and academic freedoms. These two principles are considered by the Belarus Ministry of Education to be “insignificant”.

Infrastructural changes in Belarusian universities were quite vast and intensive; they look quite like European universities — “cheaper versions”, perhaps. But what is clear, is the absence of academic freedom and autonomy, which are the two fundamental features of a university. They distinguish it from other educational institutions, like technical schools, religious or military colleges and extension courses. Rectors got used to obeying orders; the academic community got used to abstaining from disagreeing.

A group of enthusiasts, professors, students, experts, public figures, decided to create a public Bologna Committee in Belarus. Its aim is to promote and protect academic freedoms and an idea of autonomy of universities in the country. The main paradox of the committee is that it promotes the values of the Bologna Process –- but in fact it impedes Belarus joining it, rather than fosters it. There is, however, no other way; a country that fights the dissent and suppressed free speech, and thus violates the main principles of the Bologna Process, cannot be accepted as a member of it.

There is a question if we can call Belarusian institutions of higher learning “universities” at all. A process of education seems to be going on there; this process resembles in a way the one in European universities. But it is an illusion to a great extent. Without a real academic freedom and independence there can be no university. Once this are restored Belarus will be ready to integrate into the European system of education – but not before.

Don’t gerrymander the internet

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We can partially blame gerrymandering for the current gridlock in the U.S. Congress. By shaping the electoral map to create politically safe spaces, we have generated a fractious body that often clashes rather than collaborates, limiting our chances of resolving the country’s toughest challenges. Unfortunately, revelations about the global reach of American security surveillance programs under the National Security Agency (NSA) are leading some to propose what amounts to gerrymandering for the internet in order to route around NSA spying. This will shackle the internet, inherently change its technical infrastructure, throttle innovation, and likely lead to far more dangerous privacy violations around the globe.

Nations are rightly upset that the communications of their citizens are swept up in the National Security Agency’s pervasive surveillance dragnet. There is no question the United States has overreached and violated human rights in its collection of communications information on innocent people around the globe; however, the solution to this problem should not, and truly cannot, be data localization mandates that restrict data storage and flow.

The calls for greater localization of data are not new, but the recent efforts of Brazil’s President, Dilma Rouseff, to protect Brazilians from NSA spying reflected the view of many countries suddenly faced with a new threat to the privacy of the communications of their citizens. Rouseff has been an advocate for internet freedom, so undoubtedly her proposal is well intentioned, though the potential unintended repercussions are alarming.

First, it’s important to consider the technical reasons why data location requirements are a really bad idea. The Internet developed in a widely organic manner, creating a network that allowed data to flow from all corners of the world – regardless of political boundaries, residing everywhere and nowhere at the same time. This has helped increase the resilience of the internet and it has promoted significant efficiencies in data flow. As is, the network routes around damage, and data can be wherever it best makes sense and take an optimal route for delivery.

Data localization mandates would turn the internet on its head. Instead of a unified internet, we would have a fractured internet that may or may not work seamlessly. We would instead see districts of communications that cater to specific needs and interests – essentially we would see Internet gerrymandering at its finest. Countries and regions would develop localized regulations and rules for the internet to benefit them in theory, and would certainly aim to disadvantage competitors. The potential for serious winners and losers is huge. Certainly the hope for an internet that promotes global equality would be lost.

Data localization may only be a first step. Countries seeking to keep data out of the United States or that want to exert more control over the internet may also mandate restrictions on how data flows and how it is routed. This is not far-fetched. Countries such as Russia, the United Arab Emirates, and China have already proposed this at last year’s World Conference on International Telecommunications.

As internet traffic begins to demand more bandwidth, especially as we witness more real-time multimedia applications, efficient routing is essential to advance new internet services. High capacity applications like Apple’s FaceTime may slow to the painful crawl reminiscent of the dial-up days of the internet.

This only begins to illustrate the challenges internet innovators would face, but big established players like Facebook, Google and Microsoft, would potentially have the resources to abide by localization mandates – of course, only if the business case supports working in particular locales. Some countries with local storage rules may be bypassed altogether. For small or emerging businesses, data localization requirements would be a greater challenge. It would build barriers to markets and shut off channels for innovation. Few emerging businesses could afford to locate servers in every new market, and if local data server requirements become ubiquitous, it will be businesses in emerging markets that are most disadvantaged. The reality for developing nations is that protectionist measures such as data localization will further isolate local business from the global market, depriving them of the advantages for growth that are provided by the borderless internet.

Most important though, is the potential for fundamental harm to human rights due to data localization mandates. We recognize that this is a difficult argument to accept in the wake of the revelations about NSA surveillance, but data localization requirements are a double-edged sword. It is important to remember that human rights and civil liberties groups have long been opposed to data localization requirements because if used inappropriately, such requirements can become powerful tools of control, intimidation and oppression.

When companies were under intense criticism for turning over the data of Chinese activists to China, internet freedom activists were united in theirs calls to keep user data out of the country. When Yahoo! entered the Vietnamese market, it placed its servers out of the country in order to better protect the rights of its Vietnamese users. And the dust up between the governments of the United Arab Emirates, Saudi Arabia, India, and Indonesia, among others, demanding local servers for storage of BlackBerry messages in order to ensure legal accountability and meet national security concerns, was met with widespread condemnation. Now with democratic governments such as Brazil and some in Europe touting data localization as a response to American surveillance revelations, these oppressive regimes have new, albeit inadvertent, allies. While some countries will in fact store, use and protect data responsibly, the validation of data localization will unquestionably lead to many regimes abusing it to silence critics and spy on citizens. Beyond this, data server localization requirements are unlikely to prevent  the NSA from accessing the data. U.S. companies and those with a U.S. presence will be compelled to meet NSA orders, and there appear to be NSA access points around the world.

Data localization is a proposed solution that is distracting from the important work needed to improve the Internet’s core infrastructural elements to make it more secure, resilient and accessible to all. This work includes expanding the number of routes, such as more undersea cables and fiber runs, and exchange points, so that much more of the world has convenient and fast Internet access. If less data is routed through the U.S., let it be for the right reason: that it makes the Internet stronger and more accessible for people worldwide. We also need to work to develop better Internet standards that provide usable privacy and security by default, and encourage broad adoption.

Protecting privacy rights in an era of transborder surveillance won’t be solved by ring fencing the Internet. It requires countries, including the U.S., to commit to the exceedingly tough work of coming to the negotiating table to work out  agreements that set standards on surveillance practices and provide protections for the rights of privacy and free expression for people. Germany and France have just called for just such an agreement with the U.S. This is the right way forward.

In the U.S., we must reform our surveillance laws, adopt a warrant requirement for stored email and other digital data, and implement a consumer privacy law. The standards for government access to online data in all countries must likewise be  raised. These measures are of course much more difficult in the short run that than data localization requirements, but they are forward-looking, long-term solutions that can advance a free and open internet that benefits us all.

Joseph Lorenzo Hall, Chief Technologist at Center for Democracy and Technology, co-authored this piece with Leslie Harris.

This article was originally posted on 4 Nov 2013 at indexoncensorship.org

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